HC Deb 23 July 1907 vol 178 cc1367-8
MR. VINCENT KENNEDY

I beg to ask the Chief Secretary to the Lord- Lieutenant of Ireland if he is aware that Mr. M'Caffrey, J.P., interviewed Mr. Davies, district inspector, Royal Irish Constabulary, in the latter's house prior to adjudicating at petty sessions in Swanlinbar, county Cavan, on the 9th July, in a licensing prosecution against a Mrs. Prior; that this magistrate served forty-five years in the Royal Irish Constabulary; and that the district inspector was advised by him in this case, and immediately on the dismissal of the prosecution for breach of the Licensing Act, and at the instigation of Mr. M'Caffrey, Mr. Davies handed in a draft case stated prepared in anticipation of the result; whether in view of this magistrate's connection with the police force and the desirableness of securing the confidence of the people in the impartiality of the administration of justice in the county, this matter will have the attention of the authorities; and what steps, if any, is it proposed to take.

MR. BIRRELL

The Inspector-General informs me that on the occasion in question Mr. M'Caffrey, J.P., who is a retired officer of the Royal Irish Constabulary, called to see District-Inspector Davies on private business. The District-Inspector states that there is absolutely no foundation for the suggestion that Mr. M'Caffrey advised him in respect of the prosecution referred to, or instigated him to apply for a case stated. No draft of the case to be stated was prepared beforehand. It is the duty of the magistrates, and not of the police, to prepare a case for the opinion of the Superior Courts. Having regard to the facts, there does not appear to be any ground for taking action in the matter.