§ 31. Sir W. DAVISONasked the Prime Minister whether his attention has been called to a statement made by Sir James Craig, as Prime Minister in the Parliament of Northern Ireland, that the 22 release of the Derry prisoners by the Lord Lieutenant before trial or sentence was not on the advice nor with the consent of the Government of Northern Ireland; if he will inform the House on whose advice the Lord Lieutenant, as representing His Majesty the King, acted in this matter; and, if on the advice of His Majesty's Ministers in the British Parliament, will he say why they departed from constitutional precedent in order to tender advice to His Majesty's representative with regard to the release of prisoners in an area which has its own duly constituted Government which is responsible for the administration of law and order within such area?
§ The SECRETARY of STATE for the COLONIES (Mr. Churchill)In reply to the first part of the question, Sir James Craig, as Prime Minister of Northern Ireland, informed the Lord Lieutenant through me that the Attorney-General for Northern Ireland had issued instructions to the Crown Solicitor that the prisoners referred to were not to be prosecuted. His Excellency thereupon directed the release of the prisoners. The second and third parts of the question do not arise.
§ Sir W. DAVISONThat is not a reply to my question at all. I asked if there was any constitutional precedent for His Majesty's representative not acting on the advice of the Parliament in the area where an independent Parliament had been set up; I should like a reply to that part of the question—it is on the Paper.
§ Mr. CHURCHILLCircumstances in Ireland at the present time are very peculiar.
§ Sir W. DAVISONWhy, under the circumstances, is the only constituted Government of Northern Ireland continually flouted by His Majesty's Ministers, whilst the slightest suggestion from the Provisional Government receives the most instant attention?
§ Mr. CHURCHILLI believe that to be a complete misrepresentation of the actual situation.
§ Sir J. BUTCHERIf the prisoners were not prosecuted or convicted, why was it necessary for the Lord Lieutenant to act at all?
§ Mr. CHURCHILLThe position was this: that the prisoners were in gaol. 23 They had been called to the Assizes, which were not due to begin for some weeks. The Northern Attorney-General arrived at the conclusion that there was no ground for prosecuting these men—on a calculation of the evidence and on general grounds. He instructed the Crown Solicitor for the county of Tyrone accordingly. In the ordinary course those men would have been admitted to bail, brought up formally at the next Assizes, "No Bill" would have been presented, and they would have been immediately discharged. These men, however, refused to apply for bail. [An HON. MEMBER: "Why?"] I am only stating the fact. Apparently it was their intention to remain contumaciously in gaol, for some reason, at the public expense— The upshot was that the Lord Lieutenant took the action he did in directing their release, and they were accordingly ejected from gaol.
§ Sir W. DAVISONWhy was the Government of Northern Ireland not consulted before these men were ejected from gaol: it was at the expense of the Northern Government that they were kept there?
§ Mr. CHURCHILLThe Government of Northern Ireland were frequently consulted, but their responsibility in the matter was limited to authorising their Attorney-General to instruct the Crown Solicitor not to proceed with the case.
§ Sir J. BUTCHERIs there any precedent for this—
§ Mr. SPEAKERcalled upon Lieut.-Colonel Guinness to put Question No. 32.—(See col. 28.)