HC Deb 22 July 1901 vol 97 cc1132-3
MR. MURPHY

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether his attention has been called to the method of taking depositions adopted by Mr. Lloyd, R. M., at a recent investigation at Killarney, and whether he is aware that the prisoner's solicitor had to protest in court against this proceeding, which the resident magistrate admitted he adopted for convenience and in ignorance of the law; and whether the authorities in Dublin Castle will, when giving instructions to this resident magistrate in future, take steps to prevent a repetition of similar proceedings on his part.

MR. ATKINSON

At my right hon. friend's request I will reply to this ques- tion. My attention has been called to the matter referred to, and I have read the newspaper report of the proceedings. Some controversy occurred between the resident magistrate and the solicitor for the accused as to, whether the ipsissima verba of a rambling witness should be taken down or not. The magistrate appears to have complied substantially with the provisions of the law, of which he was fully cognizant. He did not make the admissions mentioned. Instructions such as are suggested are quite unnecessary, as the resident magistrates are daily in the habit of taking depositions, and are, I believe, fully cognizant of what the law requires.

MR. MURPHY

Is not this gentleman's only qualification that he was for some years in the Indian Civil Service?

MR. ATKINSON

He has been a magistrate thirteen years, of which four have been spent in Ireland.

MR. FLAVIN

Was he not asked to take down a direct answer to a direct question, and did he not refuse to do so?

MR. ATKINSON

In my opinion he acted quite rightly.

MR. FLAVIN

And in my opinion he was absolutely wrong.