§ 10. Mr. BRIANTasked the Chief Secretary whether Mr. Emmet Fox, of 10, Chester Street, S.E., was arrested on Sunday, 15th May; if he has since been deported to Ireland; if in the search made of his home, any incriminatory documents or articles were found; if he will be given an opportunity of meeting 289 any charges made against him; has he been informed of the nature of the charges, if any; and what steps are taken to prevent the wrongful imprisonment of persons so arrested?
§ The SECRETARY of STATE for the HOME DEPARTMENT (Mr. Shortt)My right hon. Friend has asked me to reply to this question. Mr. Fox was arrested on the 15th instant, and has been sent to Ireland for internment. No incriminating documents or articles were found in the search referred to, but there are ample grounds for dealing with him as a person suspected of acting, having acted, or being about to act in a manner prejudicial to the restoration and maintenance of order in Ireland. The internment Order, a copy of which has been served on him, indicates that he is interned on that ground, and that he may, if he so desire, make representations against the Order to the Advisory Committee presided over by one of His Majesty's Judges.
§ Mr. BRIANTDo I understand that a person can be arrested and deported before he has an opportunity of rebutting the charges made against him? Was he informed of the charges before he was deported?
§ Mr. SHORTTYes. He is deported, and he has the right to appeal to an Advisory Committee presided over by one of His Majesty's Judges.
§ Mr. BRIANTThat is not the question that I asked. I asked if a man could be arrested and deported before he has an opportunity of rebutting any charges made, and if those charges are made on arrest or not.
§ Mr. SHORTTHe was served with a full statement of why he was arrested, and told that he had the opportunity of appealing to this Judge. He was taken into custody, but he could have appealed to the Advisory Committee at once.
§ Major MACKENZIE WOODOn what authority was he arrested?
§ Mr. SHORTTHe was arrested on my authority.
§ Captain W. BENNUnder what power conferred on the right hon. Gentleman does deportation take place?
§ Mr. SHORTTUnder the powers of an Act of Parliament passed by this House.
§ Captain BENNTo what Act of Parliament does the right hon. Gentleman refer?
§ Major WOODIs it the Aliens Act?
§ Mr. SHORTTNo, it is the Act relating to Ireland.
§ Captain BENNDoes the right hon. Gentleman say that the Restoration of Order in Ireland Act confers on him power to arrest and deport people in this country?
§ Major WOODAnd send them to Ireland?
§ 15. Mr. KENNEDYasked the Chief Secretary if Patrick O'Reilly, of Crooked-wood, Mullingar, who was tried and acquitted on the 11th April on a charge of being in possession of a rifle bullet, is still in custody; whether the alleged rifle bullet found in his possession proved on examination to be a bullet-shaped lead pencil; whether the witnesses for the prosecution failed to produce the lead pencil at the trial, but produced in its place a new rifle bullet which they swore was similar to the one found in O'Reilly's possession when arrested; and if any disciplinary action has been taken with regard to the evidence given by the witnesses for the prosecution?
§ Sir H. GREENWOODPatrick O'Reilly is still in custody, an internment order under the Restoration of Order in Ireland Regulation Number 14 B having been made against him. The statements in the remainder of the question are without foundation. The article found in O'Reilly's possession which was produced at the summary of evidence was a live round of service rifle ammunition which had been adapted to form an improvised detonator. The detonator was mislaid before the trial and no cartridge or any other exhibit was produced at the trial. There would not therefore appear to be any ground for disciplinary action.