§ Order of the Day for the Second Reading, read.
THE DUKE OF RICHMOND AND GORDON,in moving that the Bill be now read a second time, said, it was a measure of the greatest importance to Ireland, which had already passed through the other House. It was based on the recommendations from a Select Committee of the House of Commons that sat in 1874 to inquire into the jury system in Ireland, and its object was to give effect to such of those recommendations as had not been embodied in a previous measure, which was passed through both Houses of Parliament at an earlier period of the present Session. The noble Duke concluded by moving the second reading of the Bill.
§ Moved, "That the Bill be now read 2a"—(The Lord President.)
497§ LORD O'HAGANI desire to offer my best support to the measure introduced by the noble Duke. It is a supplement to the Bill which I carried through your Lordships' House in 1870. I have therefore felt much interest in it, and I have considered its provisions. It fairly fulfils the recommendations of the Committee of the House of Commons, and will be of signal advantage to the public. The Act of 1870 has been the subject of much hostile criticism and some unscrupulous assaults. It has been attacked as to its principle and as to its details, especially as to the amount of the jurors' qualification. Now, on that matter I may say a word. The Bill of 1870, as introduced into this House, was framed with a desire to make the rating qualification, although only a very rude and insufficient measure of intelligence, as high as might be consistent with the supply of a sufficiency of jurors. After long consideration it was passed unanimously by your Lordships; but, when it went to the House of Commons the qualification was reduced, and the Bill must have been lost if the reduction had of been accepted here, so that, if injury arose in that regard, and it became necessary to make such an alteration as has now been effected, the fault was not with the action of this House or of the author of the measure. As to the principle of the Act, I congratulate the Government on the firmness with which it has been maintained in its full integrity. I never dreamt that the measure was perfect or hoped that it would work perfectly at once. I knew that the English jury system, although coeval with the Constitution, accordant with the genius of the people, and cherished by them as one of their proudest national possessions, is still admitted by them to need great improvement, and that year after year Parliament has been endeavouring to improve it. The experiment in Ireland was novel as it was difficult. The Act of 1870 wrought, in a sense, a social revolution. It opened the jury box to classes who had for generations been jealously precluded from any interference with the Courts of Justice. It took away the mischievous discretion with which official persons had been accustomed, sometimes honestly, sometimes capriciously, and sometimes corruptly, to manipulate the panels at their good pleasure, and put an end, for ever, to 498 the notorious packing which so often made trial by jury a scandal and a farce. A change so great could not be accomplished without exciting susceptibilities, arousing prejudices and alarming vested interests, and, accordingly, there was an outcry, loud and long—an outcry, official and political—which found a pretence of justification in the conduct of jurors for the first time called to discharge one of the highest, as it is one of the most difficult, functions of a free citizen, and in some instances necessarily committing errors and absurdities from which even the training of centuries does not enable their brethren of England always to escape. Of these absurdities and errors the most was made. Ridicule, abuse, exaggeration, were employed without measure or mercy, and the real effort was to reverse the principle of the law. All this has failed. The Government have done well and bravely in refusing to touch that principle or permit the licence of the sheriff again to bring justice into suspicion and contempt. They have amended the Act by raising the qualification and adopting administrative changes which experience has shown to be desirable, and which all reasonable people approve; and, with the help of this measure, there is every reason to hope that the Act of 1870 will work efficiently and satisfactorily. I need not particularly refer to the provisions which have been clearly summarized by my noble Friend; but I specially approve those by which I trust jurors of station and wealth in Ireland will be compelled to do the duties which, in spite of repeated remonstrance and rebuke from the bench, they have too much abandoned to their humbler colleagues. This is a great public evil and the redress of it will go far to rectify any shortcomings of the present action of the law; of which I had hoped that one of the results would be the harmonious combination of men of various classes in the discharge of a great public trust—of equal interest to them all—with beneficial consequences to the order of society and the administration of justice. I trust your Lordships will give a second reading to this Bill.
§ Motion agreed to.
§ Bill read 2a accordingly, and committed to a Committed of the Whole House on Monday next.