HC Deb 06 March 1902 vol 104 cc597-8
MR. DILLON

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland, having regard to the fact that the hon. Member for South Mayo and Mr. Denis Johnston, on being sentenced to two months imprisonment at French-park on the 11th of last January by two resident magistrates sitting under The Criminal Law and Procedure (Ireland) Act, 1887, appealed to the County Court Judge, and that their appeal is fixed for hearing on the 14th of March, at Athlone, and seeing that both these gentlemen are at present in gaol on other convictions under this special legislation, whether any facilities, and, if so, what, are to be offered to enable them to appear.

MR. ATKINSON

The accused can, by a simple application to the King's Bench Division for a writ of habeas corpus, secure their appearance in Court on the occasion of the hearing of the appeal. The Grown have no power to provide otherwise for their appearance, but every facility will be given them by the Executive in making this application.

MR. DILLON

Cannot the right hon. Gentleman undertake that these gentlemen shall be allowed to appear in Court without having to go through the expensive process of applying to the King's Bench? Will he not himself move that they be allowed to attend? He has not had the same experience in this matter as hon. Members on this side of the House.

MK. ATKINSON

I will consider what facilities can be given.

MR. HEMPHILL (Tyrone, N.)

Cannot the Crown apply for a writ of habeas corpus?

MR. ATKINSON

That would be quite unusual except in a case of felony, where the accused must be present. I will, however, see what can be done.