§ MR. TULLY (Leitrim, S.)said he wished to move that a writ should be issued to fill the vacancy in the representation of the City of Cork, caused by the resignation of Mr. William O'Brien. He might explain that, in consequence of a correspondence which had appeared in the Press, he had determined to take this action. The representation of the constituency had been vacant for nearly a year. Mr. William O'Brien had stated in a letter that he would not allow himself to be condemned until the public had had the facts put before them. But it was not right that the seat should remain vacant, and he had therefore given notice to the three Whips of the Nationalist Party that unless they moved for the issue of the writ on Wednesday he would move for it the following day. He noticed that yesterday at Dublin—
§ * MR. SPEAKERThese matters cannot be gone into in moving for a new writ, I understand that the hon. Member bases his action on the fact that the seat is vacant and the constituency un-represented.
§ MR. BLAKE (Longford, S.)said he wished to have the ruling of Mr. Speaker on a question of order. The vacancy had existed for a very considerable time, and a period of the session had been reached when it would be impossible for an election to take place and a Member to be returned early enough to take his seat before Parliament prorogued. He therefore asked whether a question of privilege did not arise—a question of privilege connected with the question of recency and urgency and with the inability of a new Member, if returned, to take his seat till Parliament next met. There was also a question as to the practice usually observed, which was, so far as his experience went, that, if it was desired that a writ should be moved for notice should be given to the Whips of the Party in connection with which the vacancy occurred. In this case the hon. Member for South Leitrim had given notice, but it was addressed to the three Whips who were absent in Dublin on political duties, and one, who was in London did not receive it. The question was, had reasonable and sufficient notice been given to the representatives of the Party to which the late holder of the seat belonged.
§ * MR. SPEAKEROn the question of order, I do not think there is any reason why I should not put this Question. The fact that the election could not come off in time to enable the newly-elected Member to take his seat in the present session is not a bar to the Motion.
§ * MR. SPEAKEROn the question of order I am with the hon. Member.
§ MR. TULLYCertain charges have been made against me. I have the greatest personal respect for the hon. and learned Member, but I wish to point out that Mr. W. O'Brien is now practically in the same position as I am. He has been condemned by them and—
§ * MR. SPEAKEROrder! These personal matters need not be gone into. Of course, the writ may be moved for by any Member. It is customary, however, to give notice to the Whips of the Party to which the former Member belonged, and though the hon. Member gave such notice in this case there appears to be some doubt whether it was a sufficient notice. I should therefore recommend the hon. Member to postpone his Motion. I think that the House would hardly approve of it being gone on with now.
§ * MR. SPEAKERTo-morrow then.
§ MR. HAVILAND BURKE (King's County. Tullamore)I am one of the Whips of the Party.
§ * MR. SPEAKERThese are controversies which had better not be raised now.