HC Deb 16 October 1902 vol 113 cc12-5
Mr. SPEAKER

informed the House that he had received the following letter relating to the imprisonment of two Members:—

"Dublin,

"58 Palmerston Road,

"6th October, 1902.

"SIR,—I have the honour to inform you that Haviland-Burke, Esq., Member for the Tullamore Division of the King's County, and Michael Reddy, Esq., Member for the Birr Division of the said county, were, on the 2nd day of October instant, on appeal, convicted by me, sitting at Birr in said county, as sole judge under the provisions of The Criminal Law and Procedure (Ireland) Act, 1887.

"For that they with others, on the 15th day of August, 1902, at Birr, in the King's County aforesaid, being a proclaimed district under the provisions of the Criminal Law and Procedure (Ireland) Act, 1887, did wrongfully and with out legal authority unlawfully use intimidation towards certain shopkeepers residing in the town of Birr aforesaid, with the view to cause the said shopkeepers to do an act which they had a legal right to abstain from doing, namely, to join a certain Society or Association commonly called the United Irish League.

"And further, that they, on the said 15th day of August, 1902, at Birr aforesaid, being a proclaimed district as aforesaid, did unlawfully and without legal authority unlawfully incite certain other persons whose names are unknown, to use intimidation towards certain shopkeepers whose names are unknown, residing in the town of Birr aforesaid, with a view to cause the said shopkeepers to do an act which they had a legal right to abstain from doing, namely, to join a certain Society or Association commonly called the United Irish League.

"And further, that they on the day and year aforesaid and at the place aforesaid, took part in an unlawful assembly, to wit, that they, together with other persons to the number of five and more whose names are unknown, unlawfully did assemble together to the disturbance of the public peace and with intent to stir up hatred and ill will between divers classes of His Majesty's subjects, and with the further intent unlawfully to incite said other persons to enter into a Criminal Conspiracy to compel certain traders in the town of Birr, whose names are unknown, to do what they had a legal right to abstain from doing, namely, to join a certain Society or Association, commonly called the United Irish League.

"The said Haviland-Burke, Esq., M.P., was sentenced by me to one calendar month's imprisonment without hard labour on each count.

"And the said Michael Reddy, Esq., M.P., was sentenced by me to two calendar months' imprisonment, without hard labour on each count, and that at the expiration of said term of imprisonment the said Michael Reddy, M.P., eater into sureties to be of the peace and good behaviour towards all His Majesty's subjects for twelve calendar months, himself in the sum of £50, and two solvent sureties in the sum of £25each, and in default of entering into such sureties to be imprisoned for a further period of three months without hard labour unless he shall sooner enter into such sureties.

"Such sentences upon the said several counts to run concurrently in the case of both Mr. Haviland-Burke and Mr. Michael Reddy.

"I have the honour to remain, Sir,

"Your obedient servant,

"JOHM ADYE CURRAN.

"Chairman of Quarter Sessions.

"for King's County.

"To the Right Honourable the Speaker,

"House of Commons.

MR. SWIFT MACXEILL (Donegal, S.)

May I ask, Mr. Speaker, whether you have received any letters from resident magistrates announcing the arrest of Irish Members under the Coercion Act? No fewer than ten Irish Members have been arrested on the warrants of removable coercion magistrates since the House rose in August last and imprisoned on criminal charges.

* MR. SPEAKER

No, I have not received any such letters.

MR. SWIFT MACNEILL

Then, as a matter of privilege, I understand it is the bounden duty of the person by whose authority such warrants are executed, to communicate the facts as to the arrests to MR. Speaker at once, whether Parliament is sitting or not, and whether adjourned or prorogued. The resident magistrates in Ireland, however, have not done so, although some of these arrests are two months old, and thus they have violated the privileges of this House.

* MR. SPEAKER

It is not a breach of privilege, although it would have been the usual and proper course to take. I do not know the circumstances, nor can they be inquired into at this moment. The magistrates may have some reason to offer when they write and inform me, as they probably will do, why they have not communicated sooner.

MR. SWIFT MACNEILL

I submit that it is not a matter for the magistrates so much as for the House to consider. No distinction ought to be made in a matter of this kind between an Irish and a British Member.

* MR. SPEAKER

I hope that if the hon. Member raises a point of order he will do so in the ordinary way, and not make suggestions of that kind, which are wholly unfounded.

MR. SWIFT MACNEILL

That, Sir, is a matter of opinion.

* MR. SPEAKER

Order, order ‡ An hon. Member expressing his opinion in this House must do so with due respect to the Chair, upon which I understand him to be reflecting.

MR. SWIFT MACNEILL

I had not the slightest intention of acting disrespect-fully to the Chair, but I still maintain that there should be no difference in the treatment of Members. It has always been laid down that an hon. Member is primâfacie protected in reference to criminal proceedings, unless they are announced to this House, and it is a privilege of a Member of this House that the fact of his arrest should be communicated at the earliest possible moment. I shall be prepared at the proper time to prove that since the 8th August last, ten Members of this House have been arrested on criminal charges.

* MR. SPEAKER

The hon. Member has already stated that, and I have informed him that the failure to communicate the fact to me has never to my recollection been treated as a breach of privilege, although the course referred to is the proper and courteous one for a magistrate or judge to take.

MR. SWIFT MACNEILL

Would I be in order in putting a Motion on the Paper expressing the dissatisfaction of this House at the want of courtesy shown them in not so communicating?

* MR. SPEAKER

I have no doubt a Motion could be framed that would be in order.

MR. SWIFT MACNEILL

I will do my best, Sir.