§ 39. Mr. SWIFT MacNEILLasked the Chief Secretary whether he is aware that the hon. and learned Member for South Tyrone is himself Crown Prosecutor, paid out of moneys voted by Parliament, at the Assizes for the county of Cavan, a position to which he is appointed on each occasion by the Attorney-General for Ireland, as his representative on behalf of the Crown; and whether he will consider the advisability of making the position of Crown Prosecutor not compatible with a seat in the House of Commons?
§ Mr. BIRRELLThe hon. and learned Member for South Tyrone is Senior Crown Prosecutor for county Cavan. By long standing custom a Crown Prosecutor continues to act as such after his appointment, and is not reappointed at each Assizes by the Attorney-General. It is not 1184 considered desirable to make the change in the position suggested in the question.
§ Mr. SWIFT MacNEILLDoes not the right hon. Gentleman see that under the present system a Gentleman may be advising resistance to the Government one day, and prosecuting, as representing the Government in a criminal case the next?
§ Mr. BIRRELLThe Attorney-General has complete control over these prosecuting counsel and if any of them overstep the proper limits he can remove them.
§ Mr. SWIFT MacNEILLIs the right hon. Gentleman aware that some of these prosecuting counsel actually criticise the action of the Executive Government in criminal administration? Has he seen a question to-day, put down by this Gentleman, in reference to the number of cases in which the Lord Lieutenant has exercised the prerogative of mercy?
§ Mr. BIRRELLIt is very wrong to criticise the Executive, particularly for a person occupying such an office as that of Crown Prosecutor. I hope in future they will refrain from doing so.