HC Deb 03 April 1900 vol 81 cc1071-3
MR. FLAVIN

I beg to ask Mr. Attorney General for Ireland whether he is aware that ex-sergeant Thomas English recently applied for compensation for an alleged injury received during the arrest of an Orangeman at Camp, County Kerry, in January, 1898, and that this application was made two years after the alleged injury; whether he is aware that the county court judge awarded a sum of £700 and costs and expenses, and that on appeal by the Kerry County Council Chief Baron Palles reduced the amount to £470; and whether, seeing that Chief Baron Palles, in delivering his decision on this appeal, expressed an opinion that it was a misfortune that the legislature has placed such a burden on the ratepayers, seeing there was no such law in England, the Government will consider the advisability of remedying the present state of the law as between Ireland and England, thereby relieving the Irish ratepayers of a burden of taxation.

MR. ATKINSON

The facts are as stated in the first and second paragraphs, save that the tramp arrested not only described himself as an Orangeman, but as a Fenian as well. The only report I have seen of the Lord Chief Baron's remarks is rather confused. I am not aware whether it accurately represents his views, and it is obvious that certain facts were not brought to his knowledge; but whatever his opinion may be upon the merits of existing legislation, there can be no doubt as to the views of the House, inasmuch as the right of constables to receive compensation under such circumstances was not only expressly preserved by the Local Government (Ireland) Act, 1898, but at the suggestion of some of the Irish Nationalist Members, extended to cover the case of police in Belfast and Dublin to whom the Grand Jury Acts did not apply. It is not proposed to deprive the Irish police of this right.

MR. FLAVIN

May I ask the right hon. Gentleman if he is aware that this case was tried under the Local Government Act which requires that a notice or application for the alleged injury must be served within seven days of the occurrence, and whether it is not a fact that in this case a notice was not served for twenty-three months after the alleged injury occurred?

MR. WILLIAM JOHNSTON (Belfast, S.)

Is there any authority for calling an unnamed individual an Orangeman?

MR. ATKINSON

I must ask for notice of these supplementary questions.

CAPTAIN DONELAN (Cork, E.)

Is it not optional with the Treasury to compensate a constable when injured on duty; and, if so, why should Irish ratepayers be saddled with the burden?

MR. SPEAKER

Order, order!

MR. PATRICK O'BRIEN (Kilkenny)

Can the right hon. Gentleman explain how it is that such a difference exists in the value placed on policemen in England and Ireland?

MR. FLAVIN

As a matter of fact, was there any malice in this case?

MR. SPEAKER

Order, order! It is obviously impossible for the Attorney General to answer that question.