§ Mr. T. P. O'CONNORI beg to ask a question in regard to the privileges of the House, of which I have given you private notice, Mr. Speaker, and also private notice to the Home Secretary. The question of privilege arises in this way: On Friday, 23rd June, 1922, three young men were killed in Cushendall, County Antrim. A statement was made that these young men had been murdered, and, in contradiction of this, that they were killed in attempting to ambush a party of specials. Mr. Churchill, in replying to a Question by Mr. Devlin, then Member for West Belfast, said:
His Majesty's Government have decided to institute an inquiry into this case, and Sir James Craig, while not desiring himself to initiate the inquiry, has intimated his willingness to give all possible facilities."—[OFFICIAL REPORT, 27th July, 1922; col. 664, Vol. 157.]Shortly afterwards, Mr. Churchill appointed a distinguished barrister, Mr. Barrington Ward, as commissioner to inquire into the question. Mr. Barrington Ward supplied his Report. On the 11th of this month I put a question to the Home Secretary, asking whether the Report of the Cushendall inquiry had been presented to the Government, and when it would be published. The Home Secretary replied:The reply to the first part of the question is in the affirmative. As regards the second part, this inquiry was instituted by the British Government, because it was alleged that British troops were involved in an attack upon the inhabitants of Cushendall. The result of the inquiry shows that this allegation is unfounded, and as the Report, apart from the allegation in question, relates solely to matters within the jurisdiction of the Government of Northern Ireland, it is not proposed to publish it unless by the request of that Government."—[OFFICIAL REPORT, 11th April, 1923; cols. 1238–9, Vol. 162.]Several questions of a like character were put by the hon. Member for the Newton Division of Lancashire (Mr. R. Young) who received similar answers 46 from the Home Secretary. The point I submit to you, Mr. Speaker, is that this refusal of the publication of this Report is in violation of the privilege of the House of Commons. The Commissioner was the appointment of an Imperial Minister—Mr. Churchill, then Colonial Secretary, and then in charge of Irish affairs. It was in that sense an act of the Imperial Parliament, and I submit that, as such, the Report ought to be submitted to the Imperial Parliament. The suggestion of the Home Secretary that this is unnecessary is justified by the statement that British troops were involved in an attack upon the inhabitants of Cushendall, that this allegation has been proved unfounded, and that the Report thus relates solely to matters within the jurisdiction of the Northern Parliament. I submit (1) that, admitting the statement that British troops were acquitted—which I have no desire to deny—it is due to them that their acquittal should be submitted to the Imperial Parliament, to which they are responsible; (2) that the special police who took part in the tragedy are paid for by this Imperial Parliament and that, therefore, their conduct is a legitimate subject of discussion by the House of Commons; (3) I ask you to apply to this statement of the Home Secretary the well-established rule that no public document should be quoted by a British Minister without insisting on its full publication to the House of Commons. In case your ruling is in favour of these views, I shall immediately ask leave to move the adjournment of the House on the question.
§ Mr. SPEAKERI have given careful consideration to the question of which the hon. Member was good enough to send me notice, reaching me this morning, and I am quite clear that no question of privilege arises. The action of a Government in publishing or postponing publication of a Report of an inquiry is a matter for criticism in the House on the appropriate occasion, but certainly it cannot be held to be a question of privilege. I am bound to rule against the hon. Member on that point.
On the second point, I may point out that no quotation from the document referred to has been made in this House. The purport of part of the Report has been given, but that has never been held to constitute a quotation from a docu- 47 ment which would entail the compulsory laying of the document on the Table of the House.
§ Mr. O'CONNORMay I call attention respectfully to the fact that you have not answered the second reason which I gave. I submit that the special police who have played a large part in this matter are paid for by funds provided by the Imperial Parliament, and therefore their conduct is a legitimate subject for discussion in the House of Commons.
§ Mr. SPEAKERThe hon. Member no doubt will be aware of the ruling which I gave last year on that point. It will be the duty of the Chairman of Ways and Means to give a ruling when the matter is in Committee of Supply; but, speaking generally, I may say that it is obvious that, where funds are provided by this Parliament, the use of those funds is open to consideration by the House in Committee.
§ Mr. O'CONNORMay I therefore make the plea that the Home Secretary should be obliged to reply to the question, and in view of the ruling which you have given that, as the cost of the special police is paid by the Imperial Parliament, their conduct is subject to discussion by the Imperial Parliament, that you, Sir, in the assertion of the privileges of this House which we still retain, should insist that the Home Secretary should publish the Report.
§ Mr. SPEAKERThat is not a matter of privilege in which I can intervene. The Home Secretary will be open to criticism upon it. That is all that I can say.
§ Mr. O'CONNORAs this involves three lives, and, I think that the Report will confirm my belief that this was an act of murder by forces paid for by this Parliament, am I to take it, as a Member of this House in which that part of Ireland is represented by Members who have the right to take part in all its proceedings, that three of my countrymen can be butchered by persons employed by this Imperial Parliament, and that I have no power of bringing the matter forward and getting redress?
§ Mr. SPEAKERThey are certainly not employed by this Parliament. The responsibility for law and order rests entirely with the Government of Northern Ireland. The fact that some contribution 48 is made by this House would, as I have said, on the proper occasion give the hon. Member his opportunity of raising the matter.
§ Mr. O'CONNORMay I ask your ruling in regard to a Motion which I now propose to make: To call attention to a definite matter of urgent public importance, namely, the refusal of the Home Secretary to publish the Report with regard to the events and to the three deaths at Cushendall on 23rd June, 1922, which Report was prepared by a Commissioner appointed by a Minister of the Imperial Parliament, and was presented to His Majesty's Government, and refers to the conduct of a force paid for by the Imperial Parliament.
§ Mr. SPEAKERI am sorry that I cannot accept that Motion. The publication of these Reports, which is a matter constantly referred to in this House, is a question for which the Government have responsibility, and for which, no doubt, they are open to criticism on the proper occasion, but I cannot accept it as furnishing adequate grounds for a Motion under Standing Order No. 10.
§ Mr O'CONNORI accept the ruling of the Speaker with that respect for his authority which I hope I always show, and I beg to give notice that on the appropriate Vote I shall call attention to this matter, and expose these attempts to hush up a very criminal action.