§ MR. P. A. MCHUGH (Sligo, N.)I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland, whether he is aware that persons charged at Athenry with unlawful assembly were recently sentenced by a stipendiary magistrate named Gardiner to three months imprisonment each; will he say in what court of justice were the accused persons tried; how was the court constituted, and under what statute was a sentence of three months imprisonment imposed; are the accused persons still in prison; and what action the Irish Government propose to take in reference to this matter.
§ MR. BIRRELLThe five persons referred to formed part of a crowd who, with drum beating and horn blowing, were proceeding to the houses of some graziers in the neighbourhood of Athenry on the night of the 4th of April. The police, believing that the object of the crowd was to intimidate the graziers, intercepted them; and the sergeant in charge, by striking matches, as the night was very dark, was able to identity the five persons referred to as being the ringleaders. After considerable difficulty he persuaded the crowd to disperse The five persons referred to were arrested on the following day on warrants granted by the resident magistrate, who on their production before him, ordered them to give bail for good behaviour in their own recognisances of £20 with two securities of £10 each. The magistrate on this occasion sat in the police station. In this case the police seem to have acted very well indeed in inducing the crowd to disperse. The resident magistrate constituted the court, and the proceedings were taken under the statute of 34 Edward III., and the magistrate's Commission of the Peace. On a review of the proceedings, the order of three months imprisonment seemed to me to 989 have gone beyond the necessities of the case, seeing that there was no actual breach of the peace and that the efforts of the police were successful. I have therefore been able to recommend to the Lord-Lieutenant that the prisoners should be released at the end of fifteen days, which will expire on Friday.
§ MR. JOHN REDMOND (Waterford)May I ask the right hon. Gentleman whether he has considered the desirability in a case of this kind of proceeding under what may fairly be called the ordinary law, and not under an old statute of Edward III?
§ MR. BIRRELLI can assure the hon. Member that I very much prefer to proceed under the ordinary law at the sessions or assizes rather than invoke the assistance of this statute, but necessities of a case may sometimes arise in which proceedings of this sort may be thought to be more necessary—only in very limited parts of the country. I am glad that in most parts of the country the ordinary law suffices, but there are one or two parts where it is difficult to secure the prevention of intimidatory acts. I only hope that it may not be found necessary to employ this statute again, but in this particular case, having regard to the reduction of sentences to fifteen days, I cannot say I think injustice has been done.
§ MR. JOHN REDMONDMay I ask the right hon. Gentleman whether he does not think that respect for law in Ireland would be more promoted if he proceeded under the ordinary law and not under this statute, and whether he personally was consulted as head of the executive, as to the course to be taken in this case?
§ MR. BIRRELLI make myself responsible.
§ MR. JOHN REDMONDOh, I know that.
§ MR. BIRRELLI do not wish in any way to separate myself from the action of the authorities, but the hon. and learned Member can rely upon the desire of the Government to have all cases tried in accordance with the ordinary law, but at the same time there may be circumstances in which it is thought the ordinary law is not sufficient to meet the justice of the 990 case, and although I hope the occasion may never occur again, still there may be circumstances in which it would arise.
§ MR. JOHN REDMONDI gather from that Answer that the right hon. Gentleman was not personally consulted. Will the right hon. Gentleman give instructions that before this ancient law is put in force again, the matter shall be referred to him?
§ MR. BIRRELLThe hon. Member must leave me to exercise my own discretion, but he must thoroughly understand that I am most anxious to be involved in all that is going on in Ireland.
§ MR. JOHN ROCHE (Galway, E.)Is the right hon. Gentleman aware that these people were on the public road going in the direction of their own homes and that there is no grazier living within 300 yards of the public road?
§ MR. BIRRELLI have had the report of the police, upon this case; the graziers' houses are in the vicinity.
§ MR. ROCHEWill the right hon. Gentleman inquire whether my statement that there are no graziers living within 300 yards of the road is correct?
§ MR. BIRRELLsaid he would.