ILLICIT DISTILLATION IN CLARE AND DONEGAL. (Hansard, 16 February 1865)

THE EARL OF LEITRIM
moved— That an humble Address be presented to Her Majesty for, Return of the Names of such and so many Officers as The Lord Lieutenant of Ireland has considered it necessary and proper to appoint for the Purpose of carrying into effect the Provisions of the several Acts for the Suppression and Prevention of illicit Distillation in Ireland within the Counties of Clare and Donegal, under the Provisions of the 20 AMP; 21 Vict. c. 40, s. 4 The noble Earl proceeded to state at some length his views as to the arbitrary man- 281 ner in which the police conducted themselves towards any of the peasantry suspected of illicit distillation, and asserted that the constabulary were in the habit of entering and searching houses without sufficient legal authority.

§ EARL GRANVILLE
said, he would not follow the noble Earl through his legal argument. He believed the construction which the Government, by the advice of their Law Advisers, put upon the Act as to the employment of the constabulary in the capacity of revenue officers was quite correct. He could not accede to the Motion; because to give the Return asked for would be to publish the names of the entire constabulary force, for they were all qualified to act as revenue officers for the suppression of illicit distillation.

THE EARL OF LEITRIM
said, he would relieve the noble Earl of all difficulty in the matter on the understanding that he would bring it under the notice of the Irish government.

§ LORD CHELMSFORD
would not say that the Government were wrong in their interpretation of the Act; but he doubted whether it was the intention of the Legislature that the whole of the constabulary should be appointed to perform revenue duties. His (Lord Chelmsford's) view of the Act was, that the word "constabulary" was inserted in the statute by mistake; and that the real intention of Parliament was that there should be a separate class of officers, though borne on the constabulary force, appointed for the duty of searching for private stills without a warrant. This view was confirmed by a clause towards the close of the Act, which contained a provision that as applicable to the constabulary was absurd, but which would be very appropriate to a separate body of officers. He thought that the present state of things ought not to be allowed to continue; and he ventured to suggest to the Government that the intention of the Legislature might be reconciled to the language of the statute by the appointment of a special body of the constabulary expressly and solely for this duty.

§ EARL GRANVILLE
said, he was very much obliged to the noble and learned Lord. With all submission to him, he preferred to ascertain the meaning of an Act of Parliament from the words of the Act rather than from some presumed intentions of the Legislature. Moreover, he perfectly recollected when the Act was under discussion similar observations to 282 those of the noble and learned Lord were made by Lords Donoughmore and Mont-eagle, the discussion showing that the House understood the Bill in the sense which had been put upon it by the Irish Government. The object of the Bill was to introduce greater economy and efficiency in the revenue service in Ireland. He believed it had been very successful; but there certainly would have been no economy if a special force had been created for the purpose.