§ CAPTAIN DONELAN (Cork, E.)I beg to ask Mr. Attorney-General for Ireland whether his attention has been directed to a prosecution for milk adulteration recently brought by a local food inspector before the Petty Sessions at Castle Martyr, County Cork, and dismissed on the ground that under the 115th section of the Local Government Act, 1898, the office of food inspector was not included in the list of public offices which were by that section transferable to the county councils; and whether steps will be taken so to define the position of the food inspectors us to prevent the possibility of similar abortive proceedings.
§ MR. ATKINSONMy attention has been called to the matter referred to. The court was, in my opinion, in error in its construction both of the Food and Drugs Act, 1875, and of the Local Government Act, 1898, in assuming first that under the first statute only an inspector daily appointed can prosecute the person who sells to him adulterated milk; and secondly, in assuming that under the second statute this particular inspector was not an officer transferred to the county council. No legislation is necessary on the subject. The county council can remove all doubt, if any is entertained, by re-appointing as inspector the member of the Constabulary force who has hitherto acted in that capacity.
§ CAPTAIN DONELANIn view of the uncertainty which seems to exist in regard to this matter, will the right hon. Gentleman kindly have the information he has just given conveyed to the various petty session courts?
§ MR. ATKINSONThere is no uncertainty. If the local magistrates had only concurred with the resident magistrate 1384 who correctly instructed them on the law this difficulty would not have occurred.