HC Deb 06 July 1903 vol 124 cc1402-3
MR. J. F. X. O'BRIEN (Cork)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland whether his attention has been called to a recent police inquiry at Cork, when the Court, consisting of two district inspectors, imposed a fine of £5 on Mr. J. F. Riordan, solicitor, who objected to be examined in the case on the ground that anything that had occurred between himself and Constable Sullivan had relation to a matter in which he was professionally engaged and was consequently privileged; whether he is aware that Mr. Riordan's action was supported by two senior leading members of his profession who were present at the inquiry; whether such action of the two district inspectors is sanctioned by him; and whether it is the intention of the constabulary authorities to levy the fine.

MR. WYNDHAM

The question put to Mr. Riordan, and which he refused to answer, is this: "Do you recollect Constable Sullivan having called at your office at any time?" He admitted that the constable was not his client. He was not asked any question as to whether the constable had made any communication to him, or if so, what was the nature of that communication. The Court of Inquiry ordered Mr. Riordan to answer, as no question of privilege arose. On his declining to do so, the Court imposed a fine as stated. In this the Court acted within its statutory rights, and seems to have been justified in its action by the facts. If its order is illegal, Mr. Riordan has his remedy. The question of levying the fine is under consideration.

MR. FLYNN (Cork, N.)

Was this action of the inspector in accordance with law?

MR. WYNDHAM

I have answered that part of the Question. The Committee acted within its statutory powers, and if the order is illegal, Mr. Riordan has his remedy at law.

MR. CREAN (Cork, S.E.)

Is there any precedent for such an order?

MR. J. F. X. O'BRIEN

Does the right hon. Gentleman approve of this action?

MR. WYNDHAM

It would be most improper for me to express either approval or disapproval.

MR. J. F. X. O'BRIEN

Will the fine be levied by the police authorities?

MR. WYNDHAM

That, I have said, is under consideration.