HL Deb 29 June 1880 vol 253 cc1105-8
LORD ORANMORE AND BROWNE

, in asking Her Majesty's Government, What orders are issued to the Royal Irish Constabulary when sent out to protect persons in exercise of their legal rights; and, whether, in consequence of the disturbed state of Ireland, they intend to introduce a measure to allow substitution of service in case of all notices of ejectments, civil bill processes, &c?—said, he did not ask the Question as an attack upon the present Government, because some of the facts to which he would refer had occurred in the time of the last Government. In reference to the first part of his Question, the maintenance of peace and order in Ireland depended, he was sorry to say, upon the action of the Police Force, and all must be perfectly aware how difficult it was for that Force to act if they did not know how far they ought to go. He would not refer to the present sudden change in the policy of Her Majesty's Government from that which they announced at the beginning of the Session in what they were now proposing, but he thought it must tend to increase lawlessness; because, whatever might be the motive, there was no doubt that the result would be that the yielding to the demands made by a Party whose demands were almost unlimited in the way of revolution and disorder, would tend to make those people more than ever inclined to evade the obligations of law and order. He would give their Lordships an instance of what, unfortunately, so frequently occurred in Ireland. The process-servers were protected by considerable bodies of police, and he knew one instance where a process-server was attacked by a number of women and children who got hold of the process-server, ill-used him, and took the processes away from him, the police retiring without doing anything. Now, there were plenty of instances of rowdy women in St. Giles' with whom the English police had to deal, and they were always able to preserve peace and order. If proper instructions were given to the Irish police, he could not help thinking that the rowdy women of Ireland could be equally properly dealt with. The people thought they could act as they liked, perfectly irrespective of the police, and it also had the effect on the police themselves of demoralizing them if they were not allowed to use proper means to repel force by force. In support of this, he should like to refer to the case of Mr. Acheson, which occurred the other day. The police went to protect him in the exercise of his undoubted legal right. A great mob assembled, several shots were fired, and the police were mobbed. The police, instead of using their side or firearms to protect Mr. Acheson, put their arms around him. The people tried to thrust at him with pitchforks; and that gentleman, not trusting to the police, ran away. Mr. Acheson was pursued; he was outrun. He turned in self-defence, and, unfortunately, shot a man. What happened? The people stopped almost immediately, and there was no difficulty, after the man was killed, in protecting Mr. Acheson. He (Lord Oranmore and Browne) believed the police came up again afterwards. He believed that if the people had thought that the police could do their duty in protecting Mr. Acheson, that life would never have been lost. But there was no doubt that where the police were sent to protect persons in the exercise of their civil rights, the oftener they were defeated the more the country people would believe that they were instructed not to use the arms that were put into their hands, and they would say that it was all a sham. If the same course was continued from day to day, it would be more and more impossible for the law to be carried out at all in Ireland. He was told that in his own neighbourhood, within the last few months, one process-server had resigned or been turned off after another, because, from the treatment the former process-servers had received, they were afraid to fulfil their duties. With regard to the second part of the Question, it was a most important matter, and the suggestion contained in it came from one of the many Land Judges in Ireland. It was now possible to substitute service of process by posting up the notices upon certain market-places or chapels, subject to the previous sanction of the Assistant Barrister. However, a short Act of Parliament might be passed to enable all processes to be served through the Post Office, subject to the approbation of the Assistant Barrister. At any rate, something more than mere words from the Government were necessary to enable the authorities to enforce the law in Ireland.

EARL GRANVILLE

regretted that, owing to the short Notice which the noble Lord (Lord Oranmore and Browne) had given of his intention of bringing the subject forward that evening, the noble Lord the President of the Council (Earl Spencer), who usually answered Questions of this nature, was not present to reply to the one under Notice. He (Earl Granville) would, however, endeavour to answer it in his absence. With regard to the first part of the noble Lord's Question, he had to state that there had not been sufficient time since the Notice had been given to communicate with Dublin and to obtain the information which the noble Lord asked for. With regard to the second part, he had to state that he was not aware that it was the intention of Her Majesty's Government to introduce any new Bill on the subject this Session. He believed it was the fact that, under the Civil Bill Courts Act, 16 & 17 Vict., the 17th clause taken in connection with the 65th clause, did very much to remedy that which the noble Lord desired to see remedied, and he (Earl Granville) did not know himself why it had not more frequently been put into practice. He could only repeat what had been so often said before, that Her Majesty's Government were determined to enforce the law as it existed.

VISCOUNT SHERBROOKE

pointed out that certain processes could now be sent through the Post Office, and asked why they should not make this system compulsory, and then a stop would probably be put to these procedings? If the processes were sent through the Post Office, they would not require the assistance of process-servers. He hoped that the Government would consider the subject.

House adjourned at a quarter before Seven o'clock, till To-morrow, Eleven o'clock.