HC Deb 16 March 1916 vol 80 cc2273-4
18. Sir WALTER NUGENT

asked the Chief Secretary to the Lord-Lieutenant of Ireland if his attention has been called to a recent judgment of the King's Bench, delivered in Dublin, under a Section long since obsolete, being part of the old penal laws left in the Catholic Emancipation Act of 1829, which denies to certain religious orders the right of appeal to the common law of the land on the ground that they are outlaws, being members of an illegal order; and whether he is now prepared to say what course he proposes to take in regard to this matter, which was brought to his notice by an appeal against some local taxes of the Franciscan Order in Athlone?

Mr. BIRRELL

Although I cannot discover any recent judgment in the King's Bench of Ireland in a rating case which denies to certain religious orders long established in Ireland the right of appeal to the Courts on the ground that the members of those orders are outlaws, it is the fact that in several cases where the question of gifts to those orders was at issue, it has been stated from the Bench that in consequence of the statutory provisions referred to in the question, these orders are proscribed and therefore incapable of legal recognition.

This state of things has given rise to great dissatisfaction and some misunderstandings which just now are much to be regretted, and I should be greatly pleased if the House would give me leave to introduce a Bill repealing these long since obsolete and wholly abandoned provisions of the law and would treat such a measure as uncontroversial. This would remove all grounds of complaint.

Whether this repeal will affect the liability to local rates of hereditaments used by these orders, it is not for me to say, as it will depend on the construction to be put by the Courts upon existing rating statutes, but the Courts will then undoubtedly be open to all suitors who seek to establish their rights or immunities.

Sir W. NUGENT

May I ask the right hon. Gentleman if he will introduce a Bill?

Mr. BIRRELL

I have got to make some preliminary inquiry, and I only hope the House will give me leave to introduce it.