§ MR. W. JOHNSTON (Belfast, S.)I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he 1225 is aware that the Clogher Board of Guardians have appointed as rate collector Anne Magill, whose qualifications satisfied the board; whether the Irish Local Government Board refuse to sanction this appointment solely on the ground of sex, and propose to appoint a man instead; and whether several precedents for such an appointment as that made by the Clogher Board of Guardians already exist in England?
§ MR. GERALD BALFOURThe fact is as stated in the first paragraph. Protests on behalf of a minority of the guardians have, however, been made against the appointment of Miss Magill. My honourable Friend was good enough to postpone this Question from the 4th instant, and I have since made careful inquiry into the subject of the collection of the poor rate in England (where there are precedents for the appointment of a female collector), and the means by which the payment of the rate is enforced in both countries. In England the justices in petty sessions are empowered to issue a distress warrant for the recovery of the poor rate, and in the event of there being no goods on which to distrain there would be an order for imprisonment. In Ireland the justices have no power to imprison for default, though they have the power to issue a distress warrant. In England, moreover, the distress warrant is addressed to the constable of the parish and the overseers of the poor, whilst in Ireland it may only be addressed by the justices to the collector, who cannot act by deputy, or the collector may distrain under his own warrant of appointment. The law of distress and the statutable requirements of a lawful distress are complicated, and in many cases the failure to satisfy these requirements renders the person making the distraint a trespasser. It has been the practice of the Executive in Ireland to refuse to authorise a police escort to persons engaged in a distraining expedition, since by protecting a forcible and wrongful distress the police, who have no means of determining whether a distress is a legal one, would become co-trespassers. Notwithstanding this, however, payment of the poor rate in Ireland has very frequently to be enforced by distraint, without, of course, police 1226 protection, and collectors often find it necessary to go out and lie in ambush, with the view of effecting a seizure immediately after sunrise. Looking to all the circumstances of the case, I am unable to admit such an analogy between the cases of England and Ireland of the collection of the rates as would lead me to the conclusion that the office of collector in Ireland could be filled with advantage by a woman. The guardians of the Clogher Union have, therefore, been requested to proceed to the appointment of a man to the office.
§ MR. W. JOHNSTONIs the right honourable Gentleman aware that this lady has fulfilled the duties of the office for five years? Surely she might be allowed to continue in the appointment.
§ MR. GERALD BALFOURI am aware of the fact.