HC Deb 24 February 1902 vol 103 cc910-2
MR. JOHN REDMOND (Waterford)

I beg to ask the Chief Secretary a Question of which I have not been able to give private notice, in reference to the prosecution of eleven men in Co. Clare on Saturday. According to a report in The Times the men were prosecuted under the Crimes Act, and the magistrates, finding that there was not evidence enough for a conviction, held the accused to bail. As they refused to find hail, they were, under the Statute of Edward III., sent to gaol for three months. I wish to ask whether the Court, having been constituted as a Crimes Act Court, was competent to deal with cases under the ordinary law.

MR. WYNDHAM

I saw the report in The Times, and I noticed that it was inaccurate in several respects. It described the charge as one of intimidation, and obviously it should have been described as one of unlawful assembly. In answer to the hon. Member, I have to say that it is quite competent for any justice of the peace to hold any person over to the peace or to good behaviour, or to both. That has often been done. The power has been held to be inherent in the commission of any justice of the peace.

MR. JOHN REDMOND

But the Court was constituted under the Crimes Act, and therefore no justice of the peace was entitled to sit there except two selected resident magistrates sent down from Dublin. What I want to ask is whether, when the case under the Crimes Act broke down, the magistrates began to exercise the ordinary jurisdiction of justices. If so, should not the ordinary justices of the peace have been allowed to take part in the later proceedings? Was any such opportunity given to them?

MR. WYNDHAM

There is no shadow of doubt as to the legality of the proceeding. The two resident magistrates were fully competent to take the course which they did take.

MR. JOHN REDMOND

But a special Court had been constituted, and two men sent down from Dublin to form it. The case under the special Court having failed, were these resident magistrates entitled to hold the accused to bail under the ordinary law and send them to prison for not giving bail?

MR. WYNDHAM

If the hon. and learned Gentleman is still in doubt as to the law, the point can be raised by the usual process, by writ of habeas corpus. But I am bound to tell the hon. and learned Gentleman that there is no doubt.

MR. JOHN REDMOND

I shall put a further Question on the subject, be- cause the ordinary magistrates were competent to sit when the Crimes Act prosecution had been vetoed, and no opportunity was given them of attending.

CAPTAIN DONELAN (Cork, E.)

Has the right hon. Gentleman satisfied himself of the competence of these two magistrates?

*MR. SPEAKER

Order, order!