HC Deb 31 March 1909 vol 3 cc338-9
Mr. HAYDEN

asked the Chief Secretary for Ireland whether the application of Martin Owens, of Ballykilleen, near Cloonfad, in the county of Roscommon, for a pension under the Old Age Pensions Act has been rejected on the ground that he was convicted at Ballinlough petty sessions on the 20th December, 1901, and sentenced to 14 days' imprisonment without the option of a fine, which decision was confirmed by the Court of King's Bench on 3rd February, 1902; whether he is aware that the conviction in question was not at petty sessions, but at a special court under the Crimes Act, for the repeal of which a large majority of this House has voted; whether the circumstance of the crime and conviction were political; and whether, in view of all the facts of the case, this conviction by an exceptional court and under an exceptional law will be permitted to stand in the way of this man, otherwise highly qualified and deserving, receiving a pension?

Mr. BIRRELL

This claim was rejected by the Local Government Board as it was admitted that Owens had been sentenced to imprisonment without the option of a fine. The Local Government Board could come to no other decision, as the Act gives them no discretion in any circumstances to waive the express requirements on this point.

Mr. JOHN REDMOND

Are we to understand, therefore, that the fact that a man has been convicted under the Coercion Act is a disqualification for him receiving an old age pension?

Mr. BIRRELL

That is an interpretation put upon the Act by those who are acquainted with the law.

Mr. JOHN REDMOND

Will the right hon. Gentleman amend the Act in view of his own expression of opinion on the Coercion Act and the opinions of the Government?

Mr. BIRRELL

I think that I have got enough legislation on my hands already.

Captain CRAIG

What was the evidence on which the man received this sentence?

Mr. BIRRELL

I do not know.

Captain CRAIG

Will the right hon. Gentleman inquire?

Mr. BIRRELL

I will if the hon. and gallant Gentleman will put down a question.

Mr. HAYDEN

Is the right hon. Gentleman aware that the offence of which this man was convicted was a charge of attending an unlawful assembly which was pronounced by the Lord Chief Baron not to be an unlawful assembly at all?

Mr. SPEAKER

The Chief Secretary says that he does not know.

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