HC Deb 11 March 1912 vol 35 cc918-9W
Mr. NANNETTI

asked the Chief Secretary to the Lord Lieutenant of Ireland, with reference to the case of Mr. P. T. Daly and to his statement that there were many precedents for the course pursued in that case by the magistrates, whether his attention has been drawn to the following remarks of Mr. Justice Gibson, in the course of the trial of Mr. Daly, that the old authorities laid down that a man could be bound over between the period when he was committed and the period of his trial, but to overreach the period of his trial was unusual and, so far as he knew, without precedent; whether the Law Officers of the Crown in Ireland suggested the action of the magistrates thus pronounced on the highest judicial authority to have been unprecedented; and whether the Government intend to take any further action in the matter?

Mr. BIRRELL

I have seen a newspaper report of the remarks of Mr. Justice Gibson referred to The Attorney-General informs me that Mr. Daly, on being committed for trial by the magistrate, was ordered to find sureties for the peace, and in default to be imprisoned for three months. Mr. Daly refused to be bound to the peace, and incurred the sentence of imprisonment. His trial took place within the period of three months, so that the imprisonment overreached the time of his trial. In the opinion of the Attorney-General the order was strictly legal, and he is not aware of any authority to the effect that when an accused person is sent for trial and ordered to find sureties for the peace the period of imprisonment awarded in default of his so doing should not overreach the period of trial. The action of the Crown in applying to have the accused bound to the peace was in accordance with precedent, but the fixing of the term of imprisonment was the act of the magistrate, not done on the suggestion of the Law Officers. The only object of the Crown was to prevent breaches of the peace pending the trial, and, as this object has been accomplished, the Attorney-General is prepared to advise the Lord Lieutenant to remit so much of the term of three months' imprisonment imposed by the magistrate as will remain unexpired at the expiration of one month's imprisonment imposed by the learned judge.