§ MR. MACVEAGH (Down, S.)I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he can state by what official and on whose representations it was decided not to execute the warrant issued against H. J. Livingstone, late of Newry and now in Canada; whether, in addition to the Fearon case, he was concerned in the malversation of the funds of the Urban Council of Newry; and whether it is intended to apply for Livingstone's extradition in view of the fact that he absconded.
§ MR. ATKINSONAfter the issue of the warrant on Fearon's information, Livingstone absconded, it was believed to Canada. It then became necessary to consider whether extradition should be applied for in case his whereabouts was ascertained, and with that object it was necessary to examine whether there was any evidence available to sustain the general charge made on Fearon's information. No such evidence was available, and accordingly the Inspector-General, acting on the instructions of Government, was advised not to execute the warrant. After Livingstone had absconded it was reported to the district inspector that he had misapplied moneys belonging to the urban council, but the council declined to make any information or give any guarantee for repayment of the expenses of his conveyance from America, if arrested there. In these circumstances, no application was made by the Crown for his extradition. The urban council have now instituted proceedings to recover the amount of the defalcations from Livingstone's sureties as rate collector.
§ MR. MACVEAGHSeeing that the resident magistrate at Newry was satisfied there was a prima facie case, what right had a permanent official in Dublin Castle to reverse in secret a decision arrived at in public?
§ MR. ATKINSONIt was necessary when it was discovered that Livingstone had absconded to ascertain whether there was evidence that could be laid before 582 the Canadian or American Court to justify the application for extradition.
§ MR. MACVEAGHBut what right had the Dublin Castle official to reverse the decision of the magistrate?
§ *MR. SPEAKEROrder, order! The Question on the Paper has been answered
§ MR. MACVEAGHWith due respect, Sir, it has not. I asked by what official, and on whose representations justice was defeated in this case.
§ *MR. SPEAKERThe hon. Member must give notice of any further Question.
§ MR. MACVEAGHThe right hon. Gentleman has not told me the name of the official who did this.
§ *MR. SPEAKERThe Question may be answered though no name was given.