HC Deb 17 May 1898 vol 57 cc1549-50
SIR JOHN COLOMB

I beg to ask the Attorney General for Ireland whether his attention has been called to the recent action of the county court judge of Tipperary, and of the justices of Clonmel Petty Sessions, in refusing to sign warrants for the committal of John and Stephen Arrigan in default of payment of the fines imposed on them for a breach of the Fishery Laws by the said county court judge upon an appeal heard by him at Clonmel Quarter Sessions, on 23rd October last; and whether Her Majesty's Government will take any steps to remedy such a miscarriage of justice?

MR. MACNEILL (Donegal, S.)

I wish, Sir, before this Question is put to draw your attention to the last paragraph, which, I submit, is a violation of Parliamentary rule. It speaks of "a miscarriage of justice." It is a matter of opinion whether or not it is a miscarriage of justice, and the paragraph in consequence improperly reflects discredit on the magistrates referred to.

MR. SPEAKER

Order, order! The words "miscarriage of justice" should not be used unless it is beyond all possibility of doubt there has been one. It would have been safer, perhaps, to have interpolated the word "apparent."

THE ATTORNEY GENERAL FOR IRELAND (Mr. JOHN ATKINSON,) Londonderry, N.

Both the county court judge and the magistrates were of opinion that they had no jurisdiction to issue a warrant. The matter is under the consideration of the Government, with a view of having the question of law authoritatively determined.