HC Deb 08 May 1899 vol 71 cc39-40
MR. WILLIAM ABRAHAM (Cork Co., N.E.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland, if he will cause further inquiry to be made into the alleged refusal by Mr. Foott, J.P., to sign, in his capacity as magistrate, forms of declaration of secrecy in connection with the recent county council election for Cork: whether he is aware that, on Monday 3rd April, on two occasions, Mr. Foott positively refused to sign declarations presented to him, in the presence of his steward, Mr. Charles Coleman, by Mr. Edward Buckley, agent for Mr. Thomas Barnes, a candidate, though later on the same day Mr. Foott signed a declaration for Mr. William Welsh, agent for Mr. Newman, another candidate; if the returning officer to whom Mr. Foott is said to have referred Mr. Buckley resides at Skibbereen, 80 miles distant, a fact well known to Mr. Foott; and whether the magistrate acted within his right in refusing to perform this duty.

MR. G. W. BALFOUR

The magistrate refused to sign the form of declaration referred to under an erroneous impression, due to his imperfect understanding of the document, that the declaration was not in proper form, and not from any desire to evade the discharge of his duty, or for the purpose of causing inconvenience to any of the parties interested. Under these circumstances he cannot be held to have violated his duty. When Mr. Newman's election agent asked him to sign a similar form it was fully explained that it was one that should be signed by him. The erroneous impression which he had at first formed was thus removed, and he affixed his signature to the form for Mr. Newman's agent.

MR. WILLIAM ABRAHAM

Will any action be taken by the Lord Chancellor to see that this magistrate in future performs his duty without fear or favour?

MR. G. W. BALFOUR

It was not a question of fear or favour. The magistrate, as I have explained, did not understand the nature of the document submitted to him. It may have been stupidity on his part, but that is the fact.

MR. WILLIAM ABRAHAM

How was it that a few hours after his refusal to sign, he found himself able to sign a similar document for another candidate?

MR. G. W. BALFOUR

I have explained that it was fully explained to him by Mr. Newman's agent that the document was one he ought to sign.