HC Deb 17 March 1910 vol 15 cc502-3
Captain COOPER

asked the Chief Secretary whether he would give the names of the magistrates who refused information in connection with the charge brought against several men of resisting and assaulting the sheriff in the execution of his duty at Kilmurry on 22nd June last; and whether the action of these magistrates had been brought to the notice of the Lord Chancellor with a view to their removal from the commission of the peace?

Mr. BIRRELL

It is not the usual practice to state the names of magistrates who have taken part in judicial proceedings. Moreover, some of the charges arising out of the occasion referred to are still pending, certain indictments found against the persons accused in the case having been adjourned to the next Assizes. It is not usual for the Executive Government to bring to the notice of the Cord Chancellor the action of magistrates in the exercise of their judicial discretion.

Mr. LONSDALE

asked the Chief Secretary whether he would state who was responsible for the procedure adopted in the case of the men accused of resistance to the officers of the law at Kilmurry, county Kerry, in June last, whereby, the local justices having refused to send the men for trial, they were brought before a Kerry jury at the Spring Assizes and acquitted, instead of being brought at once before the resident magistrate sitting alone and returned for trial at the Winter Assizes where the venue would not have been in Kerry; and whether he would explain the reasons for the course adopted by the Executive in this case?

Mr. BIRRELL

On the refusal last August of the magistrates to return information in the case referred to by the hon. Member, the Attorney-General directed a bill of indictment to be preferred against the accused at the first Assizes at which it was possible to do so. In giving this direction the Attorney-General followed the long-standing precedent in such cases. The course suggested by the hon. Member would have been unusual, if not unprecedented, and in the circumstances uncalled for.

Mr. LONSDALE

Was the right hon. Gentleman consulted with reference to this case?

Mr. BIRRELL

I do not think I was.