Captain CRAIGasked the Chief Secretary for Ireland whether he could now inform the House regarding the case heard at Newtownbutler on the 21st October, 1909, in which Sergeant Carroll, R.I.C., was charged with assault at Maguires-bridge; whether the assault was committed in an attempt to prevent the hoisting of a Union Jack upon private grounds; whether the sergeant stated that he had acted under authority, but refused to produce his authority to the court without the consent of the Government; and whether he would state on what grounds the sergeant was authorised to interfere with persons who were hoisting the flag of their country on private grounds?
§ Mr. BIRRELLThe appeal lodged by Sergeant Carroll was heard at the Assizes at Enniskillen on the 5th instant, by the Lord Chief Baron, who held that a technical assault had been committed by the sergeant in making an effort to prevent the erection of a pole at Maguiresbridge, and gave nominal damages of 6d. in each case against the sergeant. After the pole was erected a Union Jack or Red Ensign was hoisted upon it, and this was done in a field opposite the priest's house on a party anniversary, and presumably as a 1618 party emblem, and as such was a source or danger to the public peace. The Lord Chief Baron expressly pointed out that he did not decide that the police would not have had power to take down the flag, as this question was not before him. As the hon. and gallant Member was informed on the 4th November last, no general or particular instructions have been issued to the Royal Irish Constabulary with respect to the flying of the Union Jack on private property or elsewhere in Ireland.
Captain CRAIGArising out of that answer, may I ask whether, therefore, the sergeant was wrong in making the statement that he had received instructions not to allow the flag to be hoisted or to give the source of his instructions unless he received permission from the right hon. Gentleman?
§ Mr. BIRRELLThe instructions given to the police sergeant had nothing to do with the hoisting of the flag, but were simply of a general character to preserve the peace on troublesome occasions of this sort.
§ Mr. BIRRELLNo, Sir; but the Union Jack, as hon. Members who have taken part in elections on both sides know, is very often made a party emblem.