HC Deb 29 February 1912 vol 34 cc1530-1
Mr. SWIFT MacNEILL

asked the Chief Secretary whether the practice, which was not enforceable either by Statute or common law, prevailed whereby the Lord Chancellor of Ireland, in appointing gentlemen to the commission of the peace for the various counties in Ireland, consulted the county lieutenants of the respective counties for which the appointments of magistrates were contemplated as to the character, qualifications, and fitness for the office of candidates not recommended by the county lieutenants but by representative persons in the localities in which accessions to the magisterial bench were needed, while, in accordance with this practice, the Lord Chancellor appointed, as a matter of course and without further inquiry, any person who might be recommended to him by the county lieutenant of a county to the magisterial bench of the county, or whether any, and, if so, what steps could be taken to put an end to this practice?

Mr. BIRRELL

It is the practice of the Lord Chancellor of Ireland, following that of his predecessors, to communicate with the lieutenants of counties in respect of the appointment to the magistracy of persons recommended as indicated in the first part of the question. It is not and never was the practice of the Lord Chancellor to give effect to recommendations received directly from lieutenants by appointing the persons nominated as a matter of course and without further inquiry. In both cases such independent inquiries as the Lord Chancellor thinks proper to make take place, and it is for the Lord Chancellor, on a consideration of the full facts that come to his knowledge, to determine on his own responsibility whether or not any particular appointment should be made.

Mr. SWIFT MacNEILL

In view of the recent action of the Duke of Abercorn and Lord Londonderry, will it be necessary for the Lord Chancellor to ask their advice in reference to magistrates, having regard to the proclamation approved by one and issued by the other?

Mr. BIRRELL

It is not necessary to consult or to ask the advice of the lieutenants of counties, whatever their antecedents may be; but it is the practice, and the Lord Chancellor intends to continue the practice, to communicate with them upon the subject of magistrates within their jurisdiction.

Mr. SWIFT MacNEILL

Will the Lord Chancellor communicate with Lord Londonderry as to the proclamation?

Captain CRAIG

Is it not the fact that when the recommendations of lieutenants of counties have been carried out, respectable, decent people have been appointed, and that when the Lord Chancellor has taken the matter into his own hands the very worst class of men have been appointed?

Mr. BIRRELL

I cannot take it upon myself to decide between the two classes.

Mr. MOORE

Will the right hon. Gentleman undertake that when the customary inquiries are made of the police by the Lord Chancellor, and the police certify against the proposed candidate, such person shall not be appointed, as has been the case?

Mr. BIRRELL

The hon. Member addresses me as if I were the Lord Chancellor of Ireland. I am not.