§ MR. P. A. MCHUGH (Leitrim, N.)To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether his attention has been called to the judgment delivered by the Lord Chief Baron (Palles), on the 10th instant, in which he alluded to the lengths of time that persons arrested under attachments in Courts of equity were at present being detained in custody, and stated that this was not the case in the King's Bench Division where Crown rules particularly pointed out the course to be adopted, and that it was the duty of the plaintiff to see that the defendant was brought before the Court, and that the proper proceeding was taken for the purpose of having it determined what punishment he was to be subjected to; whether he can say if the other Divisions of the High Court have adopted these Crown rules; and, if not, will he take steps to see that like rules are adopted for dealing with cases of imprisonment for contempt of Court; whether there are any persons now imprisoned in Ireland for contempt of Court in which the plaintiff failed to have the defendant brought before the Court in the way condemned by the Lord Chief Baron; and, if so, will he take any action in such cases.
(Answered by Mr. Atkinson.) My right hon. friend has asked me to answer 736 this Question. My attention has been called to newspaper reports of the judgment referred to. I cannot, however, say whether they are accurate. The Lord Chief Baron, in referring to the Crown Office Rules of 1891, apparently omitted to call attention to the fact that, on June 30th, 1899, at the instance of the Lord Chancellor of Ireland, a Circular was addressed to all Governors of Prisons requiring them, in the case of every prisoner committed for an indefinite period for contempt of Court, to send a report on the case within fourteen days of the prisoner's reception to the Lord Chancellor, through his secretary, and also to the Judge who made the order of committal; and to send a similar report to the same persons on every succeeding quarter day. This practice is similar to that which exists in England, and is followed by all the Divisions of the High Court in Ireland other than the King's Bench Division; and it has hitherto apparently given satisfaction. The matter is not one for the Executive, but rather for the Judges themselves to regulate. The attention of the Lord Chancellor will at once be called to the Lord Chief Baron's observations.