PRIVATE BUSINESS. - LAND BILL, 1927—FROM THE SEANAD.

The Dáil went into Committee.

I move: That the Committee agree with the Seanad in amendment 1:—

Section 2, sub-section (2). The words "by that person" deleted in line 40.

As amended, the sub-section will read:—

Any sum added to the purchase money of a holding in respect of compounded arrears of rent shall be paid out of the purchase money to the person who would have been entitled to receive such compounded arrears of rent for his own use provided that the income tax, if any, due in respect of the holding shall be deducted from such added sum on the distribution of the purchase money.

The insertion of the words "by that person" was an oversight. It will mean that the income tax is transferred from the land to the person.

Question put and agreed to.

Mr. HOGAN

I move: That the Committee agree with the Seanad in amendment 2:—

Section 7. After sub-section (6), a new sub-section inserted as follows:—

(7) Where a holding or part of a holding which is excluded from the operation of the Land Act, 1923, solely by reason of or on account of its potential or actual value as building ground is held by the tenant under a lease containing no provision enabling the landlord to resume possession of such land for building purposes, then notwithstanding the absence of such provision the landlord may at any time during the period of five years mentioned in the foregoing sub-section, or such extended period as the Judicial Commissioner may fix as aforesaid, resume the holding, or the part of the holding so excluded, for the purpose of building.

There was a period of six years during which a landowner might resume ground for building purposes. In the case of a lease, the period ran from the expiration of the lease. When the lease contained no provision for the resumption of land for building—for instance, it was a lease for 60 years—the landlord could not resume during that period for building. There was an amendment moved in the Seanad that this period of six years should run from the end of the lease; that at the end of a 60 years' lease the landlord should have the right for six years longer to resume the land for building ground, and that during the whole of the period the land should not be purchased. As a compromise, this amendment was passed. The amendment confers the right of resumption on the landlord, a right which he would not have in the ordinary way until the expiration of the lease. It enables him to resume in the next six years for building if he thinks it right to do so, and it puts the tenant in the position that at the end of the six years he will know where he stands. Unless the land is resumed within that period he will have the right to purchase.

Question put and agreed to.

Mr. HOGAN

I move: That the Committee agree with the Seanad in amendment 3:—

Section 11, sub-section (3), after the word "Act" in line 63, the words "as well as to the security afforded by the parcel for such superior interests" inserted.

This is merely a declaration of the law as it exists.

Question put and agreed to.

Mr. HOGAN

I move: That the Committee agree with the Seanad in amendment 4:—

Section 20. After the word "case" in line 39 the following words inserted:—"but not exceeding the amount of the purchase money arising from the lands which the Land Commission certify will be substantially benefited by such expenditure."

The Land Judge has the power to set aside a certain amount of money for drainage or embankment works and repairs. This amendment provides that the amount set aside shall not exceed the total purchase money of the lands which are benefited by the drainage or by the embankment works, as the case may be.

Question put and agreed to.

Mr. HOGAN

I move: That the Committee agree with the Seanad in amendment 5:—

New section. Before Section 23 a new section inserted as follows:—

23.—When the Land Commission have caused lands to be inspected in order to ascertain such particulars thereof as may be required for the purposes of the Land Purchase Acts, they shall, after considering the reports of their inspectors and within such time as may be prescribed, notify the decision come to by them to the person who appears to be the owner of the lands.

This amendment speaks for itself. It merely makes it mandatory on the Land Commission to notify the owner of the lands whether they are going to take them or not within a time to be prescribed by the Land Commission itself.

Question put and agreed to.

Mr. HOGAN

I move: That the Committee agree with the Seanad in amendment 6:—

Section 23. The word "and" deleted in line 60, and the following words substituted therefor:—"Provided that if the owner shall within fourteen days after the service of such notice serve notice on the Land Commission of objection to the withdrawal stating the grounds of such objection and that the Judicial Commissioner shall consider the objection reasonable, then the notice of withdrawal shall become void and of no effect. Where the Land Commission have withdrawn from the purchase or resumption, then."

This amendment merely sets out that where the Land Commission withdraw from a purchase it shall be open to the owner to appeal to the Judicial Commissioner, who will have the final say as to whether they should withdraw or go ahead.

Question put and agreed to.

Mr. HOGAN

I move: That the Committee agree with the Seanad in amendment 7:—

New section. Before Section 34 a new section inserted as follows:—

34.—No parcel of land purchased by an evicted tenant under the Land Purchase Acts, and no farming stock or other chattels provided for an evicted tenant by means of a grant or loan under the Land Purchase Acts, shall be made available in any bankruptcy or by any other process or proceeding of law to pay, satisfy or discharge, in whole or in part, any debt contracted by or incurred by such evicted tenant prior to the date on which the parcel of land became vested in him other than a debt due to the Land Commission.

It would be absurd to give an evicted tenant a holding of land and a grant, say, to purchase stock and at the same time to leave the stock liable for seizure by a judgment creditor. That is the law as it stands at present, and it is repeated in this Act.

Question put and agreed to.

Mr. HOGAN

I move: That the Committee agree with the Seanad in amendment 8:—

Section 36, sub-section (1). After the word "Health" in line 51, the words "if he approves of the purpose for which the lands are being acquired" inserted.

This is the old county council section again. It deals with the right of a county council to purchase land if they wish. It sets out that the Minister for Local Government must approve of the purpose for which the land is purchased.

Question put and agreed to.

Mr. HOGAN

I move: That the Committee agree with the Seanad in amendment 9:—

Section 38, sub-section (2). The words "if they think fit, may make such payments" deleted in line 42 and the following words substituted therefor:—"other than the Judicial Commissioner or the Judicial Commissioner on appeal from the Land Commission shall award such compensation."

Question put and agreed to.

Mr. HOGAN

I move: That the Committee agree with the Seanad in amendment 10:—

Section 40, sub-section (1). The words "residing in the neighbourhood of the lands" deleted in line 4.

It was suggested that these words meant nothing and has been thought better to delete them.

Question put and agreed to.

Mr. HOGAN

I move: That the Committee agree with the Seanad in amendment 11:—

Section 40, sub-section (1). The word "person" deleted in line 9 and the word "persons" substituted therefor.

Question put, and agreed to.

Mr. HOGAN

I move: That the Committee agree with the Seanad in amendment 12:—

Section 40, sub-section (1). After the word "Bonds" in line 11, the following words inserted:—"which in any case shall not, without their consent in writing, be less than the amount, if any, remaining due and payable to the persons mentioned in sub-section (2) of this section in respect of any principal sum or sums of money which may have been lend or secured by them, together with all interest which shall have accrued thereon since the date of the loan, or subject as aforesaid."

This amendment represents a distinct advance on the position as it was before the Bill went to the Seanad. It sets out that the party lending money, whether banks or other people, shall get the money in full. It sets out as a consideration for that that the bank shall take the money in bonds at their face value—that it shall accept the bonds as a complete liquidation of the debt for the nominal amount of the bonds.

Question put and agreed to.

Mr. HOGAN

I move: That the Committee agree with the Seanad in amendment 13:—

Section 40, sub-section (2). The following words inserted at the end of the sub-section:—"and all such claims whether they were previously charged on the lands or not shall be payable in Land Bonds of equal nominal value as if they were claims attaching to the purchase money of lands sold under the Land Purchase Acts and the provisions of Section 4 of the Land Bond Act, 1925 shall apply accordingly."

This goes with the last amendment. What I said about the bonds applies under this.

Question put and agreed to.
The Dáil went out of Committee.
Reported: "That all the amendments from the Seanad have been accepted by the Committee."
Question—"That the Dáil agree with the Committee in its report"— put and agreed to.