§ MR. FLYNN (Cork, N.)
asked the Chief Secretary to the Lord Lieutenant of Ireland, If he can state why the Mayor of Cork, Chief Magistrate of the City, was tried before two Resident Magistrates under the Criminal Law and Procedure (Ireland) Act for a petty assault on a policeman on the 14th instant, and not tried before the ordinary Petty Session Bench of Magistrates which sits every day, or made the defendant in a civil action; and, whether this departure from the ordinary practice was taken with his sanction?
§ THE PARLIAMENTARY UNDER SECRETARY (Colonel KING-HARMAN) (Kent, Isle of Thanet)
(who replied) said: As already stated, the assault was by no means a petty one, but a gross interference with a policeman in the discharge of his duty. The practice is to try under the recent statute charges of assault on the police when the section dealing with such charges is in force in a district where 866 the alleged assault occurs. There was no reason for departing from this practice in the case in question.
§ DR. TANNER (Cork Co., Mid)
asked, Whether it was a fact that Sergeant Knox, who had brought the accusation against the Mayor of Cork, had been promoted to the position of Head Constable—had, in fact, been rewarded?
§ COLONEL KING-HARMAN
said, he had no information whatever upon the subject; but with regard to the Question of the hon. Member for North Cork (Mr. Flynn), he believed that the answer he had given was quite correct.
§ MR. T. M. HEALY (Longford, N.)
Who decides whether a case of assault is to be tried by a Crimes Act magistrate or is to be withdrawn from the jurisdiction of the Justice of the Peace?
§ COLONEL KING-HARMAN
I do not know. If the hon. and learned Gentleman would ask the Solicitor General perhaps he will be able to tell him.
§ MR. T. M. HEALY
I beg to ask the Solicitor General if he can state whose province it is to decide when the jurisdiction of the ordinary magistrate should be withdrawn in assault cases and the matter dealt with by Government magistrates?
§ THE SOLICITOR GENERAL FOR IRELAND (Mr. MADDEN) (Dublin University)
If the hon. and learned Member will give me Notice of that Question I will inquire.