HC Deb 01 June 1916 vol 82 cc2876-7
57. Mr. DILLON

asked whether full reports of the proceedings at the courts-martial in Dublin have been taken; and when it is proposed to make those reports public?

The PRIME MINISTER

The answer to the first part of the question is in the affirmative. With regard to the last part the reports will be published in due course, unless for some special reason, in particular cases, publication is undesirable.

59. Mr. DILLON

asked whether it is proposed to try the Tullamore prisoners by court-martial; and, if so, on what principle it is proposed to bring before courts-martial alleged offences committed long before the Proclamation of martial law was issued, and which had been already in the hands of a civil tribunal?

Mr. TENNANT

Yes, Sir; these prisoners will be brought to trial by court-martial under the Defence of the Realm Regulations. The latter part of the question raises a point of jurisdiction which it will be for the Court to decide. It will no doubt be raised as a plea in Bar before the Court.

Mr. DILLON

That answer is an extraordinary sample of the way in which information is sent in.

Mr. SPEAKER

This is not the occasion for comment. If the hon. Gentleman wishes to ask anything arising out of the answer given, he can do so.

Mr. DILLON

I would ask the right hon. Gentleman whether he was aware, when he gave that answer, that the prisoners were tried by court-martial the day before yesterday, and that this plea was raised and refused by the court-martial?

Mr. TENNANT

No. I am aware that I have given an answer of somewhat the same character as I have given just now to my hon. Friend, but I was not aware that the prisoners had been tried.

Mr. JOHN O'CONNOR

Is the right hon. Gentleman aware that the offence for which the young men were tried was committed long before the recent rebellion?

Mr. TENNANT

Of course that is mentioned in my hon. Friend's question.

Mr. GRAHAM

Is there any precedent for these proceedings which have taken place? These men had been in the custody of the civil authorities for five or six weeks previous to the outbreak at Dublin, and these proceedings have been taken by the military authorities without any notice.

Mr. SPEAKER

The hon. Member is not entitled to make a statement; he must put it in the form of a question.

Mr. TENNANT

This is a question of law which ought to be addressed to one of the Law Officers of the Crown.

Mr. R. McNEILL

Was this Proclamation of martial law stated to be retrospective?

Mr. TENNANT

I do not think so.

Mr. P.J.MEEHAN

Has a court-martial power to decide the legal point of which has arisen in this case as to the jurisdiction of the Court? Is it the proper authority for deciding a point of law?

Mr. DILLON

It has decided it.

Mr. TENNANT

I cannot answer problems of law, or what is the proper tribunal to decide on the matter, but I will call for a report on the whole subject, and submit it to the hon. Member.

Mr. DEVLIN

Can the right hon. Gentleman say when these courts-martial are likely to come to an end?

Mr. TENNANT

I am afraid I cannot say.

Mr. J. O'CONNOR

Is there an appeal?