HC Deb 03 July 1903 vol 124 cc1259-60

To ask Mr. Attorney-General for Ireland whether his attention has been called to the remarks made by Lord Chief Baron Palles in delivering judgment in The King (Dorrion) v. Greer, commenting on an officer of the Inland Revenue constituting himself a Court of Appeal from the decision of the Recorder of Londonderry under the Licensing (Ireland) Act, 1902; and, if so, will he introduce legislation this session to remedy this state of affairs.

(Answered by Mr. Atkinson.) In the case referred to, and also in previous cases, the licensing quarter sessions had granted certificates for new licences contrary to the provisions of The Licensing Act, 1902. These certificates were in each case a nullity, and the Inland Revenue official declined, with the approval of the Commissioners of Inland Revenue, to act upon them. The King's Bench Division in refusing to issue a mandamus to the Inland Revenue to compel the issue of the licence upheld the action of the Inland Revenue, and the Lord Chief Baron's observations merely indicated that before the Revenue official declined to act upon the certificate the opinion of the Law Officers should be taken, which of course is the usual practice in any doubtful case. The reply to the concluding inquiry is in the negative.