§ MR. SWIFT MACNEILLI beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether his attention has been directed to the failure of a motion on behalf of the Crown, made last Tuesday at the Mayo Assizes at Castle-bar, to commit Mr. William O'Brien for contempt of court; whether he is aware that, so far back as October, 1882, legislation for the curtailment of the power of arbitrary committal for contempt of court 667 was promised in the House of Commons by the Prime Minister of the day; and whether, having regard to the remarks of the Chief Justice of England in April, 1896, and to the fact that one man has actually suffered imprisonment for 743 days for that offence, the Government will take steps for the introduction of legislation to define the power of judges to commit for contempt of court, and to render that power subject to appeal.
§ MR. G. W. BALFOURWith respect to the first paragraph, the article published in the journal named the Irish People, in reference to which the application was made, was, in the words of the judge, calculated to prejudice the fair trial of a pending criminal prosecution and to interfere with the fair course of justice, but the failure of the application was due to the fact that though this journal had for months previously been advertised throughout the county Mayo as edited by Mr. William O'Brien, that gentleman, to the astonishment, I think, of everybody, denied on oath that he was editor in the ordinary sense, and repudiated all responsibility for the contents of the paper. As respects the second and third paragraphs, I must refer the hon. Member to my right hon. friend the First Lord of the Treasury.
§ MR. SWIFT MACNEILLDid not the learned judge express his regret that he could not grant costs against the Crown?
§ MR. G. W. BALFOURI am told that that is not the case.
§ MR. SWIFT MACNEILLHe said he had no statutory power.