HC Deb 16 January 1902 vol 101 cc60-2

MR. SPEAKER acquainted the House that he had received the following letter relating to proceedings under The Criminal Law and Procedure (Ireland) Act, 1887, against a Member of this House:— To the Right Honourable The Speaker of the House of Commons, The Palace of Westminster. Sir,—I have the honour to inform you that Mr. Conor O'Kelly, Member of Parliament for the Constituency of North Mayo, was convicted on the 18th instant, at Castlebar, county Mayo, before a Court of Summary Jurisdiction, formed under the provisions of the Criminal Law and Procedure (Ireland) Act, 1887, on the charge of having taken part in an unlawful assembly at Tully, county of Mayo, on the 1st December, 1901. He was on conviction sentenced to be imprisoned in His Majesty's Prison at Castlebar for two calendar months without hard labour, and he was committed to prison at Castlebar on the 18th instant. I have the honour to be, Sir, Your obedient servant, Robert F. Starkie, Resident Magistrate, Westport, county Mayo, Presiding justice of said Court. 20th December, 1901.

MR. SWIFT MACNEILL (Donegal, S.)

It is a matter of regret that the first announcement made by Mr. Speaker on the first day of the Session to be signalized by the Coronation—

* Mr. SPEAKER

Order, Order!

MR. SWIFT MACNEILL

I am raising a question of privilege.

* MR. SPEAKER

The hon. Member should begin by saying so.

Mr. SWIFT MACNEILL

—I think it is a breach of privilege. I regret that the Speaker's first announcement in the Session to be signalized by the Coronation should be that one of the Members of the House is now immured in a dungeon annexed to the Chief Secretary's Office. The House has always shown itself extremely jealous in regard to the personal liberty of its Members, and has ever been ready to investigate the circumstances under which they are detained. I beg therefore to move, in accordance with precedent, "That the letter of Mr. Starkie, an Irish Resident Magistrate, to Mr. Speaker, informing him of the trial, arrest, and imprisonment of Mr. Conor O'Kelly, a Member of this House, be referred to a Select Committee for the purpose of inquiring into all matters connected with the proceedings therein and reporting whether any of them demand the further attention of this House."

* Mr. SPEAKER

As at present advised, I think that it is not a matter of privilege. But I understand the hon. Member to say that he has some authority.

MR. SWIFT MACNEIL

Yes, Sir, my motion is based on one moved by Mr. Gray on February 7th, 1882, after consultation with the Speaker of the day, concerning the arrest of Messrs. Parnell, Dillon, O'Kelly, and Sexton. I have also another precedent dated the 15th February, 1882. In regard to the former case, when the Chief Secretary wrote informing the House of the arrest of the hon. Members a Select Committee was at once appointed for the purpose of considering the Report. I submit that the cases are exactly analogous.

* Mr. SPEAKER

This is not such a case of privilege. This is a case of conviction by a Court of law in accordance with the laws of the country, in respect of which no privilege can arise.

MR. SWIFT MACNEILL

I can show, as I will if you permit me, that there are exceptional circumstances in this case, and that the law has been strained against a Member of the House. I do not wish to discuss the policy of the adminstration, but this is a case which we must go into.

* Mr. SPEAKER

I am quite clear it is not a question of privilege I have decided and I have no doubt upon the matter. If the hon. Member thinks I am wrong he should take the usual method of asking the House to correct me.

MR. SWIFT MACNEILL

May I say Sir, with great respect, I do think that in this case you are wrong.

* Mr. SPEAKER

That may be so, but as the hon. Member knows, it is not regular or respectful to the Chair to express that opinion now.

MR. SWIFT MACNEILL

I meant no personal disrespect, but I wish to ask the First Lord of the Treasury to give me a day for discussion of a motion on the subject.

* Mr. SPEAKER

That is quite another matter, and does not arise now. The hon. Member must put down a question in the ordinary way.

MR. SWIFT MACNEILL

It is of no use doing that.