HC Deb 07 October 1909 vol 11 cc2178-80
Mr. CONDON

asked the Chief Secretary whether he is aware that on the occasion of the arrival of two distinguished American citizens visiting Clonmel on Tuesday last to receive the freedom of the borough, and for which occasion the town was being decorated, the police commanded Mr. Stephen M'Grath to haul down the United States flag which he had run up on his house in honour of the distinguished visitors, and that when he refused to do so the police forcibly hauled down the flag and threatened Mr. M'Grath with prosecution as a publican; and what steps, if any, he intends to take to stop these insults to the American flag?

Mr. REDMOND BARRY

As I have already pointed out in a similar case in reply to a question asked by the hon. Member for South Roscommon, the display of any flag from licensed premises, except the accustomed sign of the house, is an offence against the Licensing Act, 1836. In the instance now in question the police, after warning the publican, considered it their duty to remove the flag and to summon him for the act of flying it. The proceedings on that summons are still pending. The existing law on the subject is perfectly definite, and its enforcement can in no way be regarded as an insult to the American flag.

Mr. JOHN DILLON

May I ask whether it is not a matter of notoriety that licensed houses in Ireland are constantly allowed to display flags of various nationalities where such display causes no danger to the peace, and whether the police in this instance were acting under directions in singling out this particular publican, where there was no danger to the peace, for the purpose of offering a gross insult to the United States flag?

Mr. REDMOND BARRY

If the hon. Member thinks there was any desire to insult the American flag he is under a complete misapprehension. The law is perfectly definite, and it is from time to time acted upon, and in this instance the police acted in the ordinary course of their duty, and without any desire whatever to give offence to the United States flag.

Mr. JOHN DILLON

If the law is correctly stated by the hon. and learned Gentleman, but is only from time to time acted upon, why was it acted upon in this particular instance?

Mr. REDMOND BARRY

The hon. Member misunderstands me. The law is in existence, and is acted upon from time to time as necessity arises. If there are instances in which it is not acted upon I shall be glad to have notice of them.

Mr. JOHN DILLON

Hundreds.

Mr. JOHN MOONEY

Is it not the case that in the city of Dublin licensed premises display flags every day in the week, and no action is taken by the police in the matter?

Mr. REDMOND BARRY

I should like notice of that question.

Mr. J. D. REES

Has any representation been received from the United States Embassy on the subject?

Mr. REDMOND BARRY

I understand none whatever.

Mr. PATRICK O'BRIEN

Is the Attorney-General aware that a prosecution was threatened recently at Castlerea and was not proceeded with, and that the man still has his licence all right? Does the right hon. Gentleman propose to treat this incident in the same way by not going on with the prosecution?

Mr. REDMOND BARRY

As the hon. Member points out, there was no prosecution in that case.

Mr. WILLIAM REDMOND

Will the right hon. Gentleman put before his colleagues in the Irish Government the consideration that no good purpose can possibly be served by prosecuting men in Ireland for flying the American flag, seeing that there are so many Irish people in the United States?

Mr. P. O'BRIEN

And also, although you have your fleet in New York?

Mr. REDMOND BARRY

I think it would be more prudent to allow the publicans to understand thoroughly what the law is.

Mr. P. O'BRIEN

Will the same law be applied in England?

Mr. SPEAKER

There have been enough questions on this subject.