§ Mr. G. FETHERSTONHAUGH (on behalf of Captain Craig)asked the Chief Secretary for Ireland whether his attention has been drawn to the case against Mr. Eugene J. Robins, J.P., president of the South Westmeath Executive of the United Irish League, and chairman of the Athlone District Council, at Moate, county Westmeath, when he was bound to keep the peace for 12 months himself in £40 and two sureties of £20 each; whether he can state if the matter has been brought before the Lord Chancellor of Ireland; if so, can he state what action it is proposed to take in the matter; and whether, during the twelve months during which he is bound to the peace, he will be permitted to exercise the functions of a magistrate?
§ Mr. CHERRYMr. Robins who, as chairman of the Athlone No. 1 Rural District Council, was an ex-officio Justice of the Peace, was charged before a Court of Petty Sessions with unlawful assembly and disorderly conduct with intent to intimidate certain persons, and was ordered to give sureties to keep the peace. He refused to do so, and is now undergoing the alternative sentence of two calendar months' imprisonment. The attention of the Lord Chancellor having been called to the case, he deemed it his duty to supersede Mr. Robins from further acting as a Justice of the Peace.
§ Mr. DILLONMay I ask whether attention has been drawn to the fact that in these cases there is no trial of the prisoner, and he is not allowed to bring forward evidence, and whether the right hon. Gentleman is prepared to justify the conduct of the Lord Chancellor in depriving a man of the Commission of the Peace who has been bound to the peace by removable agents of the Executive?
§ Mr. CHERRYI am quite aware of the practice. Evidence cannot be called in these cases.
§ Mr. CHERRYBecause the law has been so decided in the Court of King's Bench.
§ Mr. DILLONIs the right hon. Gentleman prepared to justify the action of the Lord Chancellor in removing from the Commission of the Peace a man who has not been tried or heard in his own defence, and who has been bound to the peace by 1340 removable agents of the Executive Government?
§ Mr. CHERRYI should not be prepared to criticise any action of the Lord Chancellor on that matter, but it is in his own B jurisdiction, and he has a right to remove any magistrate.
§ Mr. DILLONWho first directed his attention to this case?
§ Mr. CHERRYI cannot say. It is natural his attention should be directed to any magistrate who has been brought before other magistrates and charged on sworn information with having been guilty of an offence.
§ Mr. MacNEILLIs the right hon. Gentleman aware that this gentleman was not permitted to call witnesses in his own defence, whereas in similar cases in England witnesses are called?
§ Mr. CHERRYI am not aware of that. The law is different in the two countries.
§ Lord ROBERT CECILMay I ask whether there is any difference in Ireland between imprisonment in the first and s second division?
§ Mr. CHERRYI do not think there is any difference between first and second-class prisoners in Ireland, but I think this is treated as a class of untried prisoners in Ireland.
§ Mr. MacNEILLIn fact, first-class mis-demeanants?
§ Mr. CHERRYCertainly.
§ Mr. MacNEILLWas Mr. Robins asked by the Lord Chancellor to make a statement before he was removed?
§ Mr. CHERRYI have no information on the subject, but I am quite sure he was. I know it is the invariable practice of the Lord Chancellor to call for explanations.
§ Mr. E. CREANDoes Mr. Robins hold his commission as chairman of the local council, and is it not, under these circumstances, out of the power of the Lord Chancellor to deprive him of his commission?
§ Mr. CHERRYYes, he holds it for one year.
§ Mr. KILBRIDEWere the other two magistrates before whom Mr. Robins was I brought two removable magistrates?
§ Mr. CHERRYAll the magistrates are removable magistrates.