§ MR. SWIFT MACNEILLI beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether his attention has been directed, to the fact that Mr. Justice Ross on Tuesday last sentenced sixteen persons to various terms of imprisonment on charges of contempt of Court arising out of the transaction, and in passing sentence admitted that the offences Were themselves trivial, and that he had thought of leaving the matter to the authorities to do their duty under the Criminal Law and Procedure (Ireland) Act, but that, under the circumstances, he had come to the conclusion that it was better for him to act himself; and whether, having regard to the fact that a Resolution was passed by this House on 10th March, by 181 votes to sixty-six, declaring that the jurisdiction of the Judges in dealing with contempt is practically arbitrary and unlimited and, especially in view of recent exercises of that jurisdiction in Ireland, calls for the action of Parliament with a view to its definition and duration, and that a measure with that object had been introduced by the Government and has passed the Committee stage, and that there are precedents for the exercise of the prerogative of the Crown in the remission and reduction of sentences for contempt of Court, he will consider the cases of these men with a view to recommending to the Lord-Lieutenant the remission of these, sentences.
§ MR. BIRRELLI am aware that Mr. Justice Ross has committed a number of persons to prison for contempt of Court by trespassing upon lands under the control of the Court and knocking down a wall. In one case the term of imprisonment imposed was six weeks, and. in the remaining cases it was one month. In the debate in March last, my right hon. friend the Attorney-General for Ireland stated that he was not aware of any precedent during the last fifty years for the exercise of the prerogative of the Crown in such cases. I do not propose to make any recommendation to the Lord-Lieutenant in the matter.
§ MR. SWIFT MACNEILLinquired whether in England a sentence of twelve months for contempt of Court was not remitted, and if the precedent thus set could not be followed in Ireland.
§ MR. BIRRELLIn any case where such a sentence has been passed I would be prepared to consider it.
§ MR. SWIFT MACNEILLI beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether his attention has been directed to the remarks of Mr. Justice Ross, on Tuesday last in the Land Judge's Court, when, in sentencing fifteen men to imprisonment for a constructive comtempt of Court in tresspassing on lands in the possession of a receiver under the Court, the learned Judge said that the authorities were by neglect to perform their duty turning the Land Court into a Court for the suppression of agrarian crime, and announced the neglect of all proper precaution and the leniency of the Government in leading the offenders to believe that they were acting with the approval of the authorities, and recommending the putting in force of provisions which he named of The Criminal Law and Procedure (Ireland) Act, 1887; and what steps, if any, does the Government propose to take in the matter.
§ MR. BIRRELLMy attention has been called to the remarks attributed in the newspapers to Mr. Justice Ross. The Government do not propose to take any steps in the matter.
§ MR. SWIFT MACNEILLHave not the Executive control over Judges who made such charges?
§ MR. BIRRELLI cannot bandy words with the Judges.