HC Deb 12 April 1911 vol 24 cc583-5W
Mr. FETHERSTONHAUGH

asked the Chief Secretary whether his attention has been called to the fact that within the past four years over 30 licensed publicans have been appointed to the commission of the peace in Ireland, and of these only one has been required to get rid of his licence, which he did by assigning it to his son; is he aware that during the ten years 1895 to 1905 only three persons holding licences were appointed to be justices of the peace in Ireland, and they were required, as a condition of their appointment, to allow their licences to lapse, and this condition was rigidly enforced; and will he suggest to the Irish Government that a return to the older practice in this matter is very desirable?

Mr. BIRRELL

It is not possible, unless by examination of the papers connected with every appointment to the magistracy in Ireland during the periods referred to by the hon. Member, to say how many licensed publicans have been appointed to the Commission of the Peace. The number of licensed publicans appointed is believed to be very small, and the general practice in such cases has been to require an undertaking to transfer the licence, and in nearly every case such transfer was made. It is not correct to state that only one such person has been required to transfer his licence. I have no power to make the suggestion indicated in the last paragraph of the question to the Lord Chancellor.

Mr. FETHERSTONHAUGH

asked whether Mr. John M'Hugh, of Pettigo, licensed publican, has been recently appointed a justice of the peace for Donegal county; what were the special reasons for his appointment, as there are in the small village of Pettigo, with a monthly petty sessions, already two justices resident, Messrs. Aiken and M'Crea, and five other justices resident within two miles; is Mr. M'Hugh to be allowed to continue to hold his public-house licence; and is he the thirty-sixth licensed publican appointed to be a justice of the peace in Ireland since the present Government came into office?

Mr. BIRRELL

The Lord Chancellor is informed that Mr. John M'Hugh, of Pettigo, county Donegal, is not and never was a licensed publican, but is a farmer and auctioneer. He has not been appointed to the Commission of the Peace for county Donegal, but for the adjoining county of Fermanagh, in which county the larger portions of his farms are situated.

Mr. FETHERSTONHAUGH

asked the Chief Secretary to the Lord Lieutenant of Ireland whether it is intended that Mr. John Sweeney, J.P., licensed publican. Burton Port, county Donegal, should continue to act as a J.P., and also as com-missioner for taking affidavits for the High Court of Justice, in Ireland, and if he is continued in both capacities will he be entitled to charge a fee for taking affidavits as a commissioner which he would take gratis as a justice, and is the taking of affidavits on licensed premises regular according to the rules of the Lord Chancellor dealing with commissioners for affidavits?

Mr. BIRRELL

The Lord Chancellor informs me that he has now obtained full information as to the case affecting Mr. Sweeney, heard at Dungloe Petty Sessions on 21st February, and having regard to all the circumstances he does not think it necessary to take any further action in the matter. Mr. Sweeney, on his appointment to the magistracy, was informed that he should not charge any fee as Commissioner for the taking of affidavits or in respect of any other act which in his capacity of magistrate he might be empowered to do. It is not the practice to sanction the taking of affidavits on licensed premises.