The Stormont Papers
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Volume 2 (1922) / Pages 401 - 402
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Volume 2 / Page 401

tion to know and probably to judge more wisely than it is possible for us. But notwithstanding that fact the Treaty exists, and if it brings about peace I am sure it will have the blessing of every Member of this House. (Hon. Members: Hear, hear.) But we naturally feel it somewhat when every proposal of the opposition outside receives much more consideration than any suggestions from supporters of the Government. All the same there is one thing we cannot lose sight of, and that is the fact that the Prime Minister and the Government have accepted the suggestions and the proposals of the Roman Catholics outside. That proves that the Government of Northern Ireland are prepared to show their absolute impartiality so far as the mode of trial is concerned. That in itself, I think, goes a long way to ensure that 'fairness and justice are intended to be meted out by the Northern Government. If the case is once decided and these men found guilty, I hope they will be punished as they so rightly deserve.

Question, "That the Bill be now read a Second Time," put and agreed to.

Bill read a Second time, and committed. Civil Authorities of Northern Ireland (Special Powers) Bill.

Order for consideration of Senate Amendments read.

Motion made, and Question, "That the Senate Amendments be now considered," put, and agreed to.

Senate Amendments considered accordingly.

Clause 1.(Powers for preserving peace and maintaining order).

(4) All Regulations made as aforesaid shall be laid before both Houses of Parliament as soon as may be after they are made, and, if an Address is presented to the Lord Lieutenant by either House within the next fourteen days during the Session of Parliament after any such Regulation is laid before it praying that the Regulation may be annulled, the Lord Lieutenant may annul that regulation and it shall thenceforth be void, without prejudice to the validity of anything done thereunder, or to the power of making a new regulation; and regulations made as aforesaid shall not be deemed to be statutory rules within the meaning of section one of the Rules Publication Act,

1893.

Senate Amendment:

In page 2, line 15, leave out "during the Session of Parliament" (within the next fourteen days during the Session of Parliament), and insert "on which such House shall be sitting."

Agreed to.

Clause 3.(Trial of Offences).

(4) A court of summary jurisdiction when trying a person charged with an offence against the regulations shall be constituted of two or more resident magistrates, but one resident magistrate may act alone in doing anything antecedent to the hearing of the charge under this Act, or in adjourning a court or the hearing of a case, or in committing the defendant to prison or admitting him to bail, until the time to which the court has been adjourned; and a court of quarter sessions when hearing and determining an appeal against a conviction of a court of summary jurisdiction for any such offence, shall be constituted of the recorder or county court judge sitting alone.

Senate Amendment:

In page 3, line 43, after "court" (the court has been adjourned) insert "or case."

Agreed to.

Clause 5.(Special Punishment for certain offences).

Senate Amendment:

In page 4, line 31, at end insert the following new paragraph:

"(5) Arson, whether by common law or toy statute, and any offence punishable on indictment under the Malicious Damage Act, 1861."

Mr. BEST: I beg to move, "That this House doth agree with the Senate in the said Amendment,"

May I say that this Amendment is simply an amplification of those cases in which the whip may be used? There are certain cases under Section 5 in which provision is made that sentences of whipping may be applicable, and the Senate in this Amendment propose that "Arson, whether by common law or by statute, and any offence punishable on indictment under the Malicious Damage Act, 1861," shall also be made punishable by whipping. We know that a great many cases of arson are taking place, and we know that there is an organised conspiracy to burn down places of business, to destroy railways, and so on. We think whipping ought to be applicable, and the Senate has so amended the Bill.

Mr. M'GUFFIN: I really have no objection to a criminal in every instance receiving the most condign punishment, but I am afraid you are taking away from the special nature of the Bill by introducing this particular paragraph. It is directed against special offences, and you are introducing into it ordinary forms of crime and subjecting the criminal to a special form of punishment. I do not think that that should be the case, because, while I agree that in

 
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