HC Deb 17 August 1901 vol 99 cc1302-3
MR. CLANCY

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether his attention has been directed to the prosecution at the Tallaght (county Dublin) Petty Sessions, on the 26th July last, of two men named Michael Lawlor and Thomas Behan, on the charge of having damaged a gate lock and chain, alleged to be the property of Kynoch and Company, Limited; whether he is aware that the accused were arrested and the prosecution instituted by the police; and whether it is customary for such action to be taken by the police, in view of the avowal by the accused that what they did was done expressly to assert a public right of way which, according to them, had been violated by Kynoch and Company; and whether any instructions will be issued to the Irish Constabulary that in all such cases they are not to assume the function's of prosecutors till the rights of the contending parties have been judicially determined.

MR. WYNDHAM

said that as the case was sub judice he was prevented expressing any opinion as to the propriety of the action of the police.

MR. CLANCY

I only want to know was there any precedent for the police acting as they did.

MR. WYNDHAM

I cannot answer such a question without indicating what action they took, and I am not prepared to do that. Technically an act of damage was done in order to maintain a claim of right of way; whether it was necessary I am not prepared to say.

MR. CLANCY

I will draw attention to the matter on the Appropriation Bill.