HC Deb 25 April 1907 vol 173 cc284-6
MR. MEAGHER (Kilkenny, N.)

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland if he will inquire into the reason of the manner in which Thomas Gaffney, of Gawran, county Kilkenny, was treated by the police on the night of the 3rd February last, when being arrested for alleged drunkenness and assault; whether he is aware that Gaffney was confined in the lock-up all night, and summarily dealt with early next morning by two local magistrates, Messrs. White and Byrne, who refused his request for an adjournment to summon witnesses as to his sobriety and to obtain legal aid; whether he is aware that, prior to Gaffney being so dealt with, the senior magistrate of the district, Joseph Walsh, esquire, chairman county council, had stated his opinion that Gaffney's offence was too trivial for summary treatment, and had instructed the police to summon Gaffney to petty sessions; and what explanation the police Authorities have to offer for ignoring this instruction, and for having Gaffney tried summarily in the absence of his witnesses and solicitor.

MR. BIRRELL

I am informed by the police authorities that the man referred to, who is a tramp, was arrested at nine o'clock at night for drunkenness and disorderly conduct, and that after arrest he assaulted a sergeant by kicking and biting him, and also assaulted a constable. As the man had no fixed place of abode, it was not considered desirable to liberate him with the view of summoning him to petty sessions. He was detained in; custody that night, and was summarily dealt with by two local justices on the following morning. He admitted the offences, and made no request for adjournment and said nothing about witnesses or legal aid. Mr. Walsh was in no way concerned in the case, and gave no instructions whatever to the police.

MR. MEAGHER

asked whence the right hon. Gentleman got his information. Was he aware that this tramp was born in the district, and that the county of Kilkenny was more free from crime than any other county, and why was this man to be thus summarily treated for a trivial offence?

MR. BIRRELL

replied that under the criminal law summary treatment was usually meted out for trivial offences. The man, wherever he was born, was a tramp.

MR. MEAGHER

But did the right hon. Gentleman seek information from any person other than those directly concerned?

MR. BIRRELL

It is difficult in asking about a tramp to get information from anyone except the police, but if the hon. Member has anything more to tell me about this tramp I shall be willing to hear it.

MR. ASHLEY

Is biting a police sergeant a trivial offence?

MR. BIRRELL

I do not consider it so except in my capacity as a lawyer.