§ 26. Mr. SEDDONasked the Chief Secretary for Ireland whether his attention has been drawn to a prosecution against a soldier for exceeding the speed limit, in the course of which Major Ball, an official of the Chief Crown Solicitor's office, stated that he was authorised by the competent military authority to object to a civil tribunal trying the case under the Defence of the Realm Regulations, and refused to give any special reasons for making such a claim; and whether such a claim was recognised or approved of by the Irish Government, and how many Irish officials are entitled to claim such immunity from the law?
Mr. HENRYI can only refer the hon. Member to the reply given to a similar question yesterday by the Financial Secretary to the War Office in reply to the hon. Member for East Donegal (Mr. E. Kelly). I desire to call my hon. and gallant Friend's attention to the fact that Major Ball is an official not of the Chief Crown Solicitor's, office but of the War Office.
§ Mr. MacVEAGHCan he say whether this claim was recognised or approved by the Irish Government, and if the Irish officials are entitled to such immunity?
Mr. HENRYSo far as that part of the question is concerned, the claim is not recognised or approved by the Irish Law Officers, and so far as I am concerned no Irish official is entitled to claim such immunity.
§ Mr. MacVEAGHCould my right hon. Friend say if it is not approved by the Irish Law Officers how a claim of this kind for immunity for soldiers who break the law is recognised by any Irish Court, acting under the authority of the Irish Government?
Mr. HENRYIt is recognised in this case by the divisional police magistrate who acts as a judge, and over whom we have no control.
§ Mr. MacVEAGHCan proceedings not be taken to override that decision, seeing that the Law Officers think that decision is illegal?
Mr. HENRYI ask my hon. and learned Friend to wait until the person representing the War Office answers the question, and at the appropriate time I will see that steps are taken.