HC Deb 26 July 1905 vol 150 cc352-4
MR. CHARLES DEVLIN (Galway)

asked the Attorney-General for Ireland if his attention had been called to the report of a speech delivered on behalf of the Crown by Mr. Powell, K.C., in a prosecution at the Galway Assizes, and particularly to a statement by the learned counsel that "there would be no harm if some fellows were whipped in that county"? Was Mr. Powell instructed by the right hon. Gentleman to make that statement, or in so doing did he represent the right hon. Gentleman's views, and if not, what steps would be taken to repudiate it?

THE ATTORNEY-GENERAL FOR IRELAND (Mr. ATKINSON, Londonderry, N.)

I have only just received the notice. The report is evidently a condensed one.

MR. CHARLES DEVLIN

But the statement is clearly made.

MR. ATKINSON

There appears to have been some discussion ‡ See (4) Debates, cxlv., 277. as to the power to inflict the punishment of whipping under the Act of Will. IV., and according to this report the learned counsel said the prisoner could not be whipped, volunteering the additional statement referred to in the Question. I need not say I was not aware the learned counsel was going to say that, and not having seen the full report I cannot, of course, say whether I approve or disapprove his speech.

MR. CHARLES DEVLIN

The matter is a very serious one. Men for attending a meeting were sent to prison for nine months. May I ask the Chief Secretary if flogging is to be part and parcel of his coercion policy in the West of Ireland?

MR. ATKINSON

The point of the speech was that flogging could not be inflicted, and the Judge in his charge to the jury said he had no power to order it. Therefore it is no part of the Government policy.

MR. JOSEPH DEVLIN (Kilkenny. N.)

Was this speech made before a packed jury? Was it delivered for the purpose of inciting the Judge to pass a heavier sentence?

MR. CHARLES DEVLIN

And is the right hon. Gentleman aware that the Judge told the jury it was not a case calling for a special jury or a State trial?

MR. ATKINSON

I am aware the Judge made some such remark in answer to an appeal by the accused, who said he was directed by the President of the Land League to write the letter.

MR. CHARLES DEVLIN

That is not the point Did not the Judge say it was not a case which should be made a State trial before a specially packed jury?

* MR. SPEAKER

Order, order! The hon. Member must give notice of that Question.

MR. CHARLES DEVLIN

I will do so.