HC Deb 19 October 1916 vol 86 cc715-6
Mr. LUNDON

(by Private Notice) asked the Attorney-General for Ireland whether instructions have been issued to resident magistrates in Ireland to the effect that in all cases under the Military Service Act no local justice of the peace is to be allowed to adjudicate?

The ATTORNEY-GENERAL for IRELAND (Mr. J. H. Campbell)

No such instructions have been issued. The question, so far as I know, has never arisen except in one case which is actually now pending and sub judice, therefore I must decline to say anything further about it.

Mr. LUNDON

May I ask whether it is not the fact that in the particular case to which the right hon. Gentleman refers instructions were given to the resident magistrate a fortnight ago that he was entitled to try the case himself, and as a result of these instructions the local justices have been unable to act?

Mr. CAMPBELL

I have nothing to add to what I have said. Inasmuch as the case quoted is sub judice, I do not propose to refer to it any further.

Mr. DILLON

Is the right hon. and learned Gentleman aware that this question has arisen and been the subject of dispute in previous cases; and is it not the duty of the executive Government to lay down, for the guidance of magistrates, what is the law in this matter, without its being fought over in the local Courts between the magistrates?

Mr. LUNDON

Will the right hon. Gentleman answer my question: Whether instructions were issued to the local resident magistrate in this case not to allow the local magistrates to act?

Mr. SPEAKER

The hon. Member has dragged that in very improperly. That is not an urgent matter. It is a matter which has gone by.

Mr. HAZLETON

As we are told by the Attorney-General that this case is pending, would he say why in a case which is sub judice he has issued these instructions that justices of the peace of the district are not to be allowed to adjudicate?

Mr. SPEAKER

That is exactly the question which I have ruled is not urgent.

Mr. CONDON

It is urgent in Ireland.