HC Deb 18 March 1913 vol 50 cc853-4
78 and 79. Mr. PATRICK WHITE

asked the Chief Secretary for Ireland (1) whether he is aware that the police authorities in Dublin have instituted prosecutions against traders in Great Britain Street for persevering in a custom of exhibiting goods for sale eighteen inches or so outside their doors and windows, but well within the space conveyed to them by the lease of their premises, which extends to nearly four feet and over, which, before their voluntary removal of railings which marked the limit of their premises, they could use as they pleased and as if it were within the walls of their house; if he is aware that the ancient railings were removed in concert with, but not enforced by, the Corporation of Dublin for the purposes of the uniform paving of the whole pathway, and on the distinct understanding that leasehold rights and ancient usage would not thereby be in any way changed, and that the corporation, which with the occupiers ought equitably be regarded as the joint controllers, are no party and have refused to be a party to the action of the police; and whether, having regard to these circumstances, which make the prosecutions, even if successful, a purely technical triumph, he will order the proceedings to be discontinued; and (2) whether the prosecutions recently taken by the Dublin police against traders in Great Britain Street were considered by the Law Officers of the Crown, and upon what evidence, before they were initiated, or whether they are the outcome of the unrestricted exercise of subordinate officials; and whether, to bring the administration of the law into harmony -with the people interested, he will direct that the local civic authority and the ratepayers generally be consulted before taking part in any further proceedings in order that, even if there is a technical offence, the matter may be adjusted in such a way that the occupiers of the premises may not be wholly deprived of the right of usage which they regarded as an asset when acquiring the property as leasehold, and at the same time limit the use to such a degree that no possible impediment to pedestrians can arise?

Mr. BIRRELL

Several traders in the street referred to were summoned by the police for exposing goods for sale on the public footpath. The prosecutions falling within the ordinary police jurisdiction were not sufficiently important to bring before the Law Officers. Such prosecutions are general throughout the Dublin Metropolitan police district, and the defendants were legally represented, and it was open to them to have had all the matters referred to in the questions gone into before the magistrate who convicted in the cases. I am not aware that the public, who are the persons interested, have in any way disapproved of the course pursued.