HC Deb 12 February 1917 vol 90 cc269-70
52. Mr. DILLON

asked the Prime Minister whether the Irish Government have revived the Criminal Law and Procedure (Ireland) Act of 1887; and whether has attention has been called to the fact that the House of Commons has twice by large majorities decided in favour of repealing that Act, and that Governments of which he was a member have pledged themselves against the use of that Act?

Mr. DUKE

The Prime Minister has asked me to answer this question. Nothing has been done by the Irish Government which alters the situation with regard to the Act named by the hon. Member; the Section of it relating to the trial of persons charged with riot or unlawful assembly is at all times in force. Certain Proclamations would be required to revive the Act generally, and no such Proclamations have been made. In 1894 and in 1907 Resolutions in favour of the repeal of the Act were carried in this House.

Mr. DILLON

Might I ask two questions arising out of his reply: Whether the House of Commons did not decide twice by large majorities not to use the Act, and whether this Government has not now put the Act in force?

Mr. DUKE

I do not think the House of Commons by any number of Resolutions could do away with the Act. So far as the enforcement of the Act is concerned, I am aware of several cases within the last year in which persons charged with unlawful assembly have been tried in accordance with the provisions of the Section to which I have referred, and so far as I know no sort of injustice has occurred.

Mr. DILLON

Is it not a fact that the Prime Minister himself twice voted for the repeal of the Act, and that if the Act had been repealed these special Courts would not have been in force?

Mr. DUKE

It may be. I do not know how my right hon. Friend has voted, but the votes or wishes of individual members of the Government cannot affect the responsibility of the Executive as to the administration of the law.

Mr. DILLON

No wonder the Irish people have no faith in the Government.

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