CRIMINAL APPEAL (NORTHERN IRELAND) BILL [Lords], (Hansard, 23 July 1930)

§ The UNDER-SECRETARY of STATE for the HOME DEPARTMENT (Mr. Short)
I beg to move, "That the Bill be now read a Second time."
This Bill is introduced at the request of the Northern Ireland Government, and its purpose is to set up a court of criminal appeal in Northern Ireland similar to that which exists in this country and also in Scotland. We are adopting the same procedure in connection with the court to be set up in Northern Ireland as that which exists already in Scotland.

§ Mr. KELLY
I want to draw attention to Clause 17. This Bill is intended to give to Northern Ireland a court of criminal appeal, but, at the same time, it is giving an opportunity for appeals to be lodged by those who have already suffered through decisions of certain of the courts. While they are given that opportunity, there is one outstanding case, which was mentioned in the Northern Ireland Parliament, which is going to be ruled out if this Bill is passed in its present form. Clause 17 says that, under the powers conferred on the Minister, he may, at any time after 31st March, 1931, exercise them as if the sentence had been passed after that date. It refers, however, to Clause 19, which provides that it shall apply only to persons convicted on indictment. I am referring to the case of Mrs. Whan and her son, which is well known in the North of Ireland. I am not going into the merits of the case, but I feel that the whole matter should go for appeal to the court which is now being set up. If the case had been tried on indictment, the Minister would have had a right to 2368 allow it to go to appeal, but where the case has been before sessions or petty sessions there will be no appeal, and, consequently, this woman will find that this court is of no advantage to her at all. I ask that this Bill, which is going to have a retrospective effect, should have it in a right and full sense, and should apply to every case coming before sessions, and I ask that it should have further consideration before this matter is passed and a grave injustice done to this lady.

§ Mr. SHORT
The hon. Member for Rochdale (Mr. Kelly) is correct when he says appeals will now arise in connection with indictments as far as this Bill is concerned. It is not proposed to go further than that. That is all that takes place in connection with the Courts of Appeal in this country and in Scotland. It is true that we make no provision for an appeal which arises out of a conviction at petty sessions, but no such appeal exists in this country. The appeal can go from petty sessions to quarter sessions, and that right, I am advised, exists in Ireland. In connection with the case mentioned by my hon. Friend, the lady in question did not exercise her right to take her appeal to the quarter sessions. We have, however, provided in Clause 17 (2), for a case of this character to be dealt with, and I am happy to inform my hon. Friend that the case he has mentioned has been brought to the attention of His Majesty's Government. Communications have taken place between my right hon. Friend the Home Secretary and the Northern Ireland Government, and we have received an assurance from the Northern Ireland Government, from the Secretary to the Cabinet, that when this Bill is passed they will raise no objection. That is to say, that if the friends of Mrs. Whan press her case, they will raise no objection to the procedure of the Courts being exercised to enable her case to receive consideration at the hands of the Court. The letter is in the following terms: The Northern Government desires to give an assurance to the Secretary of State that, in the event of the Bill passing into law, with the general Amendment added thereto, and in the event of representations being made by those interested in Mrs. Whan, such steps as may be proper will be taken to refer the case to the new Court of Appeal. 2369 In such circumstances, I hope my hon. Friend will be satisfied.

§ Mr. KELLY
I have often read of cases where the Judge says, "That is not in the Act, but in the letter." Will the Judge accept that being in the letter as sufficient?

§ Mr. SHORT
That is for the Court to decide, but it is clear that there will be no obstacle placed in the way of Mrs. Whan reaching the Court of Appeal, whatever the Court decides. As to that I cannot answer.