THE IRISH POOR LAW. (Hansard, 5 June 1848)

§ LORD MONTEAGLE
rose to move for— A copy of the Circular of the Pool Law Commissioners of Ireland, dated the 23rd May, 1848, respecting the Administration of Relief to the Families of Parties retaining Possession of Land, contrary to the 10th and 11th Vict., c. 31, s. 10. He said that he had to complain of the extraordinary discretionary and almost legislative powers which were assumed by the Irish Poor Law Commissioners; and he begged to call the attention of the noble Marquess near him (the Marquess of Lansdowne) to this subject, because, under the recent Act of the Legislature, the Government were responsible for the administration of the poor-law. The Secretary for Ireland in that country, and the noble Marquess and his Colleagues in this country, were responsible to the House and to the public for the due administration of the poor-law. He (Lord Monteagle) wished to call the attention of the Government to an act on the part of the Irish Poor Law Commissioners which required explanation and justification. A provision was introduced in both the English and Irish Poor Law Acts, binding up families together, and making relief to the child relief to the parent, and relief to the wife relief to the husband. After considerable discussion a clause was introduced in the Irish Poor Law Act which provided that relief should not be afforded to any person who held more than a quarter of an acre of land; and, if a person so situated applied for relief, he could only obtain it on the condition of surrendering his holding, He was informed, however, that notwithstanding this express enactment, a circular letter had been addressed by the Irish Poor Law Commissioners to all the boards of guardians in Ireland, instructing them that it would he their duty to give relief to every member of the family of any individual holding land to any possible extent, who might apply for relief, notwithstanding the refusal of such individual to surrender his land under the provisions of the Act of Parliament. Now, by this circular the 330 Commissioners were setting aside the statute law, and substituting for it their own mere dictum, and he thought it was necessary that some explanation should be afforded on the subject.

§ The MARQUESS of LANSDOWNE
had not the least objection to the production of the paper for which the noble Lord had moved; but he begged to state that he had seen the circular to which the noble Lord referred to-day for the first time, and he was therefore unable at present to make any statement as to the grounds on which that circular had been issued. He (the Marquess of Lansdowne) must abstain from expressing any opinion until he had received some information from the Poor Law Commissioners on the subject.

LORD BROUGHAM
observed, that probably the opinions of the law officers of the Crown had been taken by the Commissioners; and if that were the case, he would suggest that their opinions should be appended to the return.

LORD CAMPBELL
considered that it would be a most objectionable proceeding to require that the opinions of the Crown officers should be produced. If their Lordships called for the production of such opinions as to the construction of an Act of Parliament, they might call for more confidential opinions given by the law officers of the Crown, as to the institution of prosecutions, or matters of that nature.

LORD STANLEY
would be glad to know if this most important circular, effecting a great alteration in the operation of the poor-law in Ireland, had been issued with or without the consent of Her Majesty's Ministers? The Government were responsible for the working of the poor-law, and for that alteration also; and he wished to know whether or not the Poor Law Commissioners in Ireland had taken upon themselves to direct such a change in the law, independently of Her Majesty's Ministers?

§ The MARQUESS of LANSDOWNE
was understood to say that the Government were still ignorant of the reasons which had induced the Commissioners to issue the circular; but that he had no doubt the Secretary for Ireland had given his consent to it, and would be able to state his reasons for doing so.