HC Deb 05 June 1919 vol 116 cc2187-8
64. Mr. MacVEAGH

asked the Lord Privy Seal whether his attention has been called to the fact that the Master of the Bolls stated in the High Court of Justice in Ireland on 27th May, in the case of O'Reilly v. Finlay, that the conduct of the Attorney-General in that case had been indiscreet; whether his attention has been called to the animadversions by other judges of the High Court in the two other cases of habeas corpus motions; whether he is further aware that the Court of King's Bench has quashed the convictions in the cases of Mr. Flavin and Mr. Fitz-Gibbon, two newsagents of Listowel; whether the Irish Law Officers advised in all these cases; and whether, in view of the fact that the law is thus being broken in Ireland by those who are charged with its administration, he will state what action the Government proposes to take?

Mr. HENRY

The answer to the first part of the question is in the affirmative. I am informed that the case was one dealing with a local government election in the county of Cavan, and counsel, on behalf of the Attorney-General, as a matter of courtesy, attended and informed the Court of the fact that the Local Government Bill (Ireland)), dealing with these elections, was pending in this House. It has since become law. The Attorney-General did not intervene in the action or ask the Court for any order. In reference to both the habeas corpus motions referred to, civil proceedings are now pending, and I must decline to discuss these cases. In the case of Messrs. Flavin and FitzGibbon, the magistrate's order was quashed on technical grounds as to the form in which it was drawn up. The cases referred to were dealt with by the Law Officers, and came before them in the ordinary discharge of their duty.

Mr. MacVEAGH

Can the hon. and learned Gentleman say whether it is true that the Master of the Rolls, in giving judgment in this case, said that the conduct of the Attorney-General was as bad as anything that had been seen in that country since the days of the Stuart Kings, and that even an Attorney-General ought to know that the Bill of Rights has not yet been superseded?

Lord H. CAVENDISH-BENTINCK

What about Oliver Cromwell?

Mr. HENRY

My attention was not called to this observation of the learned judge.

Mr. MacVEAGH

You do not seem to read the newspapers.