HC Deb 25 February 1901 vol 89 cc1055-7
MR. O'DOHERTY

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether he is aware that a summons was issued by the coroner for Cork City for the attendance of a witness named Billington, who, when so summoned, refused to attend the court, and that a warrant issued by the coroner for Billington's arrest was not executed by the police authorities; also that, at an inquest in Belfast within the past few days, a summons was issued by the coroner for the attendance of a witness named Carlisle, who, when so summoned, did not attend the court, and that a warrant issued by the coroner was acted upon by the police; and can he explain why the coroner's warrant was acted upon in Belfast and not in Cork; and will he state whether a coroner's warrant for the arrest of a witness for contempt of court is as efficacious as a warrant issued by a magistrate; and: what is the procedure adopted in England in similar cases.

MR. ATKINSON

At the request of my right hon. friend I will reply to this question. The coroner's warrant was acted upon by the police in Belfast because there was nothing to show that it was not duly issued by the coroner in the rightful discharge of his duties, whereas in Cork it was obvious from the proceedings which took place before the coroner before he issued his warrant that the presence of Executioner Billington was not required at the inquest for the purposes of the only inquiry on which the coroner had jurisdiction to enter, but for an indirect and improper purpose. The practice in England and Ireland is, I believe, identical—the presence of the executioner at the inquest is, I believe, never required. The different warrants mentioned in the last paragraph are equally efficacious.

MR. O'DOHERTY

Can the right hon. Gentleman say if the police authorities are a, court of appeal to which a coroner's court is subject?

MR. ATKINSON

No, Sir.

MR. FLYNN

With regard to the warrant issued by the coroner of the city of Cork, what is the right hon. Gentleman's ground for stating that the attendance of the executioner was required for an improper purpose?

MR. ATKINSON

It is quite impossible to discuss this matter in the form of question and answer, but if the hon. Gentleman brings it forward on the Estimates I shall be happy to explain, and defend the action that has been taken.

MR. PATRICK O'BRIEN

May I ask whether it is a fact that the law in Ireland requires that in all cases of a death in prison an inquest shall be held; and a record kept of the verdict?

* MR. SPEAKER

Order, order! That is a general question, which does not arise out of the question on the Paper. General questions of law cannot be raised in this manner.

MR. PATRICK O'BRIEN

I want to know, is there any record of the death and of the verdict of the jury in this case, and, if not, what is the reason?

MR. ATKINSON

The reason is that the coroner most improperly and illegally refused to complete the inquest.

MR. O'DOHERTY

If the coroner acted improperly, why has he not been dismissed by the Lord Chancellor?

* MR. SPEAKER

Order, order !