HC Deb 08 July 1908 vol 191 cc1672-3
MR. WILLIAM ABRAHAM (Cork County, N.E.)

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether he will explain why legal proceedings have been instituted by Mr. Anthony Carroll, Crown Solicitor, to compel the urban council of Fermoy to surrender their right to hold meetings in the court-house for the transaction of the ratepayers' business, which they have exercised and enjoyed for 100 years, seeing that the right in question was conferred upon the local authority by an Act passed in the year 1808.

MR. CHERRY

No proceedings in this case have been instituted by Mr. Carroll as Crown Solicitor on behalf of the Government. The court-house is in the custody and control of the High Sheriff, who, I understand, has instructed his solicitor, Mr. Carroll, to apply for an injunction against the further use of the court-house by the urban district council, unless that body confines its use of the building to the proper business of the council. The Lord-Lieutenant has received from the urban district council a memorial on the subject which is now under consideration.

MR. WILLIAM ABEAHAM

Has the right hon. Gentleman referred to the Act of 1808 which gives the council an undoubted right?

MR. CHERRY

Whatever right the council has in law can be asserted when proceedings are taken. It would not be proper for me to express any opinion while litigation is pending.

CAPTAIN DONELAN (Cork, E.)

Seeing that this right has been exercised for 100 years, is it correct to say it is only enjoyed on sufferance as is done in the letter of the Crown Prosecutor for the county?

MR. CHERRY

In this case the Crown Prosecutor is acting as private solicitor to the High Sheriff, and like other solicitors he may have slightly over-stated his client's case. But this is a matter to be determined by the Court.

MR. WILLIAM ABRAHAM

Who is paying the costs of the Crown Solicitor in this case?

MR. CHERRY

I presume the High Sheriff.