I asked the Minister for Lands to-day if it was his intention to proceed with the acquisition of the lands of Killeendowd, the property of Mr. George W.K. Gilliland, Barry House, Colehill, County Longford, upon whom notice of intention to acquire was served as far back as 12th January, 1938. The Minister, in the course of his reply, said that such a notice was served, pursuant to Section 23 of the Land Act of 1927, that the Land Commission had not taken further steps in the matter, and the case, with many others, was now governed by the emergency restrictions, which prevented the undertaking of fresh commitments, except in special circumstances. He then went on to say:—"There is no question of withdrawing proceedings which have not yet been instituted, or of communicating further with the owner at present."
I want to make it perfectly clear that I advocate, have advocated, and will continue to advocate the acquisition of this holding. It is suitable for the purpose, and could be divided amongst a great number of people in the way of allotments for some and of new holdings for landless men and others. I want the Minister to say that he will acquire it now or, if not, that he will be fair to the owner and occupier by telling him that he does not propose to acquire it. The Minister says that proceedings were not instituted. I respectfully submit that statement is incorrect. The serving of notice of intention to acquire a holding on the owner means the initiation of proceedings for acquisition. The owner cannot appeal so far as that notice is concerned. It is only when further steps are taken that he can appeal. Therefore, I submit that in this particular case this man has been treated unfairly, and neither the Government nor anybody else has the right to treat a citizen of the State unfairly. The owner in this case, as well as the applicants and others expecting some of this land, have been, I think, treated unfairly. Speaking here on behalf of the majority of the applicants for parcels and plots of land on this holding, I want the Minister to say (1) that it is his intention to proceed with its acquisition, (2) that the serving of the notice on the owner was the first step in the institution of proceedings for its acquisition, and (3) that the holding is not exempt under the Emergency Powers Order. If the Minister does that he will be doing a good day's work and will be serving the interests of a very large number of people who are anxious to till that land as their own.
This land has been set in parcels. I hold that the tillage on it is not being as well done by the present owner and those to whom part of it has been set as it would be if it were divided and given out by way of permanent allotments to the applicants for it. In the present emergency, and especially when the owner is willing, I submit that its acquisition should take place. The question of price, of course, would arise, but that could be settled afterwards. That is not a matter for the Deputy for the constituency or the Government either. It is one for the Land Commission and their valuers. What I resent in connection with this case is that, prior to the 1934 General Election, Land Commission inspectors—of course the usual resolutions were passed by the local Fianna Fáil club—came down and inspected the lands. The same thing happened in connection with the 1937 and the 1938 General Elections. On the 12th January, 1938, this notice of intention to acquire was served. Therefore, I hold political use was made of this farm. One would be inclined to say that the present is an opportune time to send down a fresh batch of inspectors. The Minister, in my view, has put the case in an unfair way in the last paragraph of his written answer to the question where he says: "There is no question of withdrawing proceedings which have not yet been instituted, or of communicating further with the owner at present." I submit that once notice of intention to acquire land is served the land is no longer the property of an owner. He cannot do anything with it. In fairness, therefore, to the owner, if the Government are not going to allow the Land Commission to proceed with the acquisition of this land, that notice should be withdrawn. I want the Minister to do either one or other of these two things.