HC Deb 09 March 1905 vol 142 cc935-7
MR. MACVEAGH

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he can state under what statute the Inspector-General of the Royal Irish Constabulary was empowered to forbid the execution of the warrant issued by a resident magistrate in public Court, for the arrest of H. J. Livingstone, of Newry; whether he can state the precedents, if any, for suck a course; whether Fearon's solicitor was consulted as to the evidence available against Livingstone: and, if so, by whom and with what result; whether any private representations were made to any official in Dublin Castle as to the advisability of preventing the warrant from being enforced; and whether the whole question will now be reconsidered.

MR. ATKINSON

The facts are not accurately stated in the Question. I have already informed the hon. Member that when inquiries were made to determine whether steps should be taken to obtain the extradition of the accused, if found in America, or his re-arrest and deportation to this country under the Fugitive Offenders Act, if found in Canada, it was ascertained that there was no available evidence to sustain the general charge made on the information of Fearon on which this warrant was granted in Ireland. Under such circumstances, it would be futile and improper and contrary to the practice to attempt to take action in the matter, and the Inspector-General was directed accordingly. The course taken was the usual and proper course, and precedents frequently occur. It was Fearon's duty, when asked, to supply the evidence, which he failed to do. The district inspector consulted Fearon's solicitor and informed him of the nature of the evidence required before the Crown could take action. There is no foundation for the insinuation contained in the latter part of the Question. Of course, if sufficient evidence be at any time supplied action will be taken by the police.

MR. MACVEAGH

Is it not the fact that this man is still in Toronto, and that the Chief Constable of the city has provided the Government with his address?

MR. ATKINSON

He is supposed to be somewhere in Canada, but we have no definite information.

MR. KILBRIDE

He is on the railway there.

MR. ATKINSON

He cannot be arrested unless we have sufficient evidence.

MR. MACVEAGH

Why was he not arrested before he went there?

MR. ATKINSON

He absconded before the issue of the warrant.

MR. MACVEAGH

But——

*MR. SPEAKER

Order, order! If Questions are to be treated in this way it will be impossible for other Members to ask their Questions within the time limit.

MR. MACVEAGH

On a point of order, Sir, I want to submit the right hon. Gentleman has utterly reversed the Answer he gave the day before yesterday.

*MR. SPEAKER

That is not a point of order. It is not in order now to discuss whether Answers to Questions are consistent with previous Answers.

MR. MACVEAGH

What I want to do——

*MR. SPEAKER

Order, Order! I call on Mr. Kilbride——

MR. MACVEAGH

I want to inquire——

*MR. SPEAKER

I hope the Member will submit to my ruling.

MR. MACVEAGH

But the right hon. Gentleman has given contradictory Answers.