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Dáil Éireann debate -
Tuesday, 3 Oct 1944

Vol. 95 No. 1

Labourers Bill, 1944—Second Stage (resumed).

Question again proposed: "That the Bill be now read a Second Time."

On the last occasion, when speaking on this Bill, I was dealing with the effect that the Bill would have on local finances. When one makes a comparison of this Bill with the 1936 Act, one finds that a great financial responsibility or liability has been placed on the various county councils throughout the country. Under the 1936 Act, rents were reduced by 25 per cent., and I think I pointed out, on the last occasion, that the county councils had still to arrange their balance sheets in regard to the payments that were outstanding on loans advanced for the erection of those cottages. Now, if this Bill passes the House, becomes an Act, and is put into operation, it will mean that the rents of these cottages will be reduced by a further 25 per cent. If that can be done, without imposing any extra burden on the finances of the county councils, well and good; but as I said on the last occasion, I am a member of the Louth County Council, and I cannot see why the baby of financing this Bill, if it becomes law, as we have been financing the Act of 1936, should be passed over to us. Of course, I realise that the farmers' annuities have been halved, and the money that used to go across the water is now being retained here; but that is a very different thing. That whole matter is arranged through the central authority, but in this case the finances are going to be arranged through the county councils. Take the case of Louth, for instance. Roughly speaking, I think that in County Louth we have something like 1,600 cottages, of which 1,000 were built prior to 1922. The remainder were built since 1922. One can readily see at a glance what extra burden, if the rents are to be further reduced, that will place on our finances. These moneys were to be paid into the Exchequer in order to pay off this loan. So far as the farmers are concerned, there was a reduction of 50 per cent. in the amount of their annuities, and that money has been held here in this country, instead of being sent across the water. Now, the argument, from the point of view of the agricultural labourer is this: Why, if the farmers get a 50 per cent. reduction in their annuities, should we not also get a reduction in our rents? I think that from the point of view of ordinary equity and justice, there should be a similar reduction there, and I also think that the amount payable by the various county councils should be reduced to an equal extent —that is, 25 per cent. If this Bill passes into law, then the amount of our repayments may be reduced by something like 50 per cent. That is what it will amount to if this Bill becomes law, and I would ask the Minister to make a full statement in connection with this matter of the payment of outstanding loans.

I can see, of course, the great value of the building of cottages for agricultural labourers, but I want that question to be related to the cost of the erection of those cottages now, as compared with a few years ago. I also want the Minister and the House to bear in mind the rents to be charged for these cottages, which, it seems to me, would require a payment of about 90 per cent. by the State. At the present moment, the rent of these cottages would amount to 4/- or 5/- a week, and I cannot visualise Pat Murphy, let us say, paying 4/- or 5/a week when he realises that his neighbour, across the road, is getting a cottage for about 9d. a week. That is the situation that exists at the moment, and there is no getting away from it. That is the kind of thing with which public bodies in this country will be confronted when it comes to a question of the provision of houses for agricultural labourers, who have no houses at the moment, and who are anxiously waiting for them. It will not be an enviable position for any public body to be in. It is a situation that will create difficulties, not alone for this House, but for every public body in the country.

Take the case of cottages that, in or about 1923, were built at a cost of £120 or £130. There was an appreciable rise in costs of building after 1922, and I have no doubt that after this emergency the cost of building such a cottage will amount to anything from £400 to £450. In addition to that, the tendency will be to ask for better houses and better accommodation in these cottages, to suit the agricultural labourer and his family.

Now, with regard to this question of a loan and the section of the Bill dealing with the matter of succession, or what the tenant of the cottage will do with his cottage, the provisions in that regard were rather vague in the 1933 and 1936 Acts, and I am afraid that that question will also be rather vague so far as this Bill is concerned, if it is passed into law. I suppose it may be assumed that, to all intents and purposes, the tenant of such a cottage is its absolute owner, although it may take some years to pay off the loan that was granted for the purchase of the cottage. I think that, legally, it is held that such a tenant is the absolute owner of that cottage. That was so, although I admit that it was left rather vague under the 1936 Act. It appears to me now, however, that there is a provision in this new Bill which seeks to change that, affecting the right of the owner of a cottage to will, give or pass on to his lawful successors the ownership of that cottage. I understand that, under the old Act, the man concerned could even will his cottage to a millionaire, although he might not actually be the owner of the cottage at all.

Under the 1936 Act, and under this Bill also, the suggestion is that he must be resident and must also be an agricultural labourer.

Or have been.

Yes, but they must give good reasons for withholding their consent, and although the Bill states that the person concerned must be an agricultural labourer and resident in that cottage, he can go out and get work with a farmer and stay there. That is my opinion, and I may say that it is the opinion of certain men who, by profession, are entitled to give an opinion on this matter.

In this Bill we have the words "lawful successor", which again deal with the question of relative. I would like to have a definition of the word "relative" in the 1936 Act. "Relative" could mean anybody living in the house of the cottage owner. It might be, as we say, a thirty-first cousin who had returned from America or England. Under the law a man can will his house to anyone he likes, and that person will be his lawful successor. In fact, the lawful successor need not be an agricultural labourer at all; he could be a man of means. But, while the man of means might, in such circumstances, get the cottage, the genuine agricultural labourer who was possibly waiting for it cannot get it and may have to wait for years until a new cottage is built for him.

The more one studies these Acts the more bewildered one becomes. The 1936 Act was rushed through before an election. At the time we had people with glib tongues going through the country telling the agricultural labourers that they were going to get houses for nothing. I do not know if that was good from the moral point of view, but it certainly was done. Now, they are going one better, and saying that they are going to get their rents down to 9d. When the time comes for fixing the rents of the new cottages there will be a lot of sport in the country, I think, over all this.

If all that can be done, well and good, but, as a public representative, I would be slow to favour anything that would impose any extra burden on the financial resources of the people in the various counties. We must also relate this to what our future plans will be. It is being said that we are considering great schemes of reorganisation for the building of houses and hospitals, and for drainage. These schemes are all very good in their own way, but they all tend, in the ultimate, to increase the rates, including the rates which agricultural labourers will have to pay for the cottages they occupy. That is the difficulty that I feel in considering this Bill.

It was argued by Deputy Norton and others that the reason why so few people took advantage of the 1936 Act was that the terms in it were not favourable. I think they were not bad, and in support of that I point to the fact that over 550 tenants in the County Louth thought the terms so favourable that they were induced to make application to become owners of their cottages. I think that a great many more tenants will do the same. I have no objection to this Bill, nor had I to the 1936 Act. What I do ask is that the Government should take over the baby and not be handing it on to the county councils. We on the county councils have enough trouble under these Acts as regards the cost of vesting. The Minister has pointed out the great difficulty there is in the matter of proving title. The average cost of vesting, in the case of these cottages, runs from £2 to £3 per cottage. If you multiply 60,000 cottages by £2 or £3, the cost of vesting runs into a very big figure. In my view, that money could be more profitably spent in other ways. A lot of it goes in coming up to Dublin and searching through musty files to try to get title for those plots. We all know that it is very difficult to prove title in the case of some of these cottage plots. The Minister told the House that some of these cottages had been built for 40 years. Under the old-fashioned system, a farmer probably gave a bit of land for the building of the cottage, and there was no trouble taken at the time about title. The cottage was built. But now we have engineers going around measuring up and trying to trace these bits of land on maps, so that the whole thing is becoming very costly so far as the county councils are concerned.

There is no analogy whatever between these Labourers Acts and the annuities which are the concern of the central authority. I am, naturally, sympathetic with the position in which agricultural labourers find themselves to-day. Yet I must relate this Bill, and the previous Acts, to the future, especially as regards the building of cottages and the rents at which they can be let, and compare those rents with present rents. The man who cannot pay 1/- or 9d. a week for a cottage cannot pay anything. If men are not able to do that, then it certainly is no great tribute to the economic position in which they find themselves.

We have then the question of repairs. Even when the cottages are vested under the 1936 Act their repair is still the responsibility of the county council. Let us suppose that a cottage is owned by a poor widow who is living in the house by herself. If the roof is blown off in a storm and she has not the means to do the repairs, the county council is bound to do them under the 1936 Act. I presume the same will apply under this Bill. If the county council is not able to recover the cost of the repairs in court, the most it can do is to add a little extra per week to the rent. I could quote numerous examples where it would be utterly impossible for poor tenants, such as a widow or an old man living alone in a cottage, to meet the costs of repairs. The county council will have to do them and then try, as best it can, to recover the cost from the tenant. But how can one expect to recover from people who may have no means except perhaps 5/- per week outdoor relief? They may not have even the old age pension.

These Bills are all right on paper, but when they are put into operation the provisions in them present great difficulties to the officials and members of county councils. When the county managers are preparing their estimates of rates they have to make provision for a sum to meet the deficiencies arising under various cottage schemes. The county manager has to get the money. That is the position that the county councils find themselves in at the moment. In view of the fact that there is practical unanimity amongst all members of the House and the people of the country on the question that anything that can be done should be done to better the position of the agricultural labourers, I cannot see why the responsibility should devolve on the Leader of the Labour Party or of any other minority Party in this House to introduce a Bill of this nature.

I think that should be the duty of the Government, and I think that if they were to do it they would have the support of all Parties. I do not think it is a correct procedure—and in saying this I mean no offence to Deputy Norton—for the leader or members of any minority Party in the House to introduce a Bill of this type, and then hand it over to the Government to have it put into operation. I think that, before such a thing is done, the matter should have careful consideration. I am prepared to do anything I can to uplift the agricultural labourer, but as a public representative, as a member of the Louth County Council, I do not think it is fair or just that the county councils should have to carry the added financial responsibility that will be imposed on them when this Bill becomes law. To a lesser extent, the same responsibility was put on public bodies by the 1936 Act. When the rents were reduced by 25 per cent., our repayments of the loan charges were not proportionately reduced.

The speech which we have just listened to from Deputy Coburn is the sort of speech which I should have thought would have been made by the mover of the resolution to give this Bill a Second Reading. It was a speech which indicated the difficulties which are embedded in this problem. He pointed out the very serious considerations which would have to be taken into account before effect could be given to the provisions of this Bill. Unfortunately, until Deputy Coburn spoke, the House was left under a very grave disadvantage. The mover of the resolution to give the Bill a Second Reading took no pains at all to inform the House as to the real content of the measure, or the scope of the proposals. And yet this Bill is not a simple Bill. It does not deal with trifles.

The provisions of this Bill affect valuable properties, numbering almost 62,000 cottages, representing an original capital investment of almost £11,000,000. The properties, of course, to-day are worth considerably more than that. They are properties which belong to the ratepayers, to the local authorities. They are properties which have been built for the purpose of ameliorating the living conditions of a very large class of our population. If full effect were given to the provisions of the 1936 Act, which has already become law, the result would be to transfer from the community to private individuals the ownership of these properties. Whether that is a good thing or a bad thing is not in issue at the moment. What is in issue is whether equity and justice will be done as between one section of the community and the community as a whole.

If this Bill were to become law, the effect would be, within a very brief period, to strip the local authorities of all the assets which arise out of this original investment of £11,000,000 and to leave them a considerable burden of liabilities. Surely, if the leader of a Party with a social programme puts a proposal of that kind before the House, we should hear a reasoned speech in support of that proposal. Yet I would refer any Deputy who is listening to me now, and was not listening to Deputy Norton, to read the report of his speech in introducing this Bill, when it appears in the Parliamentary Debates, and he will not find in that speech one factual statement in support of this Bill. All that was said by the Leader of the Labour Party in support of the Bill was that it was designed to reduce the heavy burdens now imposed on the tenants. He said nothing of the additional burdens which would be imposed upon the already burdened ratepayers, ratepayers who, we are told by members of Clann na Talmhan, by members of the Fine Gael Party and by members of the Labour Party, are already overburdened. We will find on the Order Paper motions, in the names of responsible members of Clann na Talmhan, urging the State, urging the central authority and urging the general body of the community, to accept responsibility for burdens which are already imposed by law upon the ratepayers as a section of the community.

If there is any justification for the proposals that are contained in this Bill, if the contention is that the ratepayers as a body are in a position to accept the additional burdens which the provisions of this measure would impose upon them if it became law, what justification is there for the resolutions which will shortly come before this House asking us to relieve the ratepayers of burdens which they are already called upon to bear? These people cannot have it both ways. If the ratepayers are unable to bear the cost of the roads, if they are unable to bear the cost of the mental hospitals, if they are unable to bear the cost of providing additional houses for the people, what justification is there for saddling them with the additional burdens which the provisions of this Bill would impose upon them?

We had better look at these proposals in a realistic way. There is no justification for getting up here and making vote-catching speeches. We all of us must realise that the exigencies of the past five years, the need to maintain ourselves free and at peace, have involved this State in heavy commitments, commitments which will have to be discharged during and within the next 20 or 30 years, commitments which will have to be met each year out of taxation until they have been redeemed.

To build the 60,000 cottages, which would be affected by this Bill, the local authorities and the State between them have already accepted a liability for capital sums amounting almost to £11,000,000. When these cottages were built, there was an understanding that the cost of them would be borne by three interests, by the tenants, by the local authorities and by the State. In order to meet the view that it would be socially advantageous if tenants of existing cottages were enabled to become owners the Act of 1936 was passed; it enabled any tenant of a cottage who fulfilled the qualifying conditions of the Act to become the owner ultimately of any cottage in fee simple by the payment of a very modest annuity. The conditions prescribed assured to the tenant purchaser who was then paying rent an immediate reduction of cash payment of 25 per cent.

In the majority of cases, and in the case of over 40,000 of the cottages, the weekly rent averaged 1/2. Under the provisions of the schemes which have been approved since 1936, instead of a weekly rent of 1/2 which did not give the tenant one tittle of ownership in the house in which he resided, he is in the fortunate position, if he has applied to purchase his cottage, and if vested, of having an immediate reduction of 25 per cent. in the weekly payment of 1/2. Instead of paying a rent of 1/2 he pays a terminable annuity of 10½d. which, in the course of time will make him the owner of the cottage in fee simple. Surely it cannot be contended that a scheme which gives to the tenant an immediate reduction of that sort is unfair or unjust to him. At the same time, his purchase increases the obligations of local authorities. Bear that in mind. Of course when that reduction was given the local authority had to accept increased responsibility for meeting the charges on the loans. In circumstances such as these, no person can reasonably contend that that scheme was unfair or unjust to the tenant or imposed onerous burdens on him.

According to Deputy Norton, however, it is reasonable to say that a proposal which gives a tenant of a house an immediate reduction of 25 per cent. in cash payments is unfair and unjust. I think if most of us could to-morrow enter into an agreement to purchase our houses upon terms which would enable us to secure an immediate reduction of one-fourth in our cash outgoings, we certainly would not regard such a scheme as unfair or unjust, or imposing a heavy burden upon us. In that connection we must also remember that the houses which are being purchased under the 1936 Act have considerably appreciated in value since they were built. If you wanted to buy a house equivalent to one of these cottages to-morrow, you would pay very much more than £180 or £200 for it. These are the houses, 40,000 of them, that under the conditions of the 1936 Act, can be bought out for a payment of 10½d. a week, for as short a period, in some cases, as eight or nine years, but, in no case, running for longer than 29 years, even in the case of houses built immediately prior to 1923. The majority of our people are reasonable and fair minded and notwithstanding the statements which we hear from the Labour Party, few of them are going to accept the contention of Deputy Norton that the terms which have been approved of in a purchase scheme covering 58,000 of these cottages under the 1936 Act are unfair or unjust to the tenants. So much for Deputy Norton.

Deputy Murphy's case for the Bill was even more extraordinary. He said plainly that he did not believe in this purchase scheme at all, that he thought it much better for these houses to remain the property of local authorities. There might be something to be said for that view. At least, we know this, that as long as the houses remain the property of local authorities they are likely to be available for the class of people for whom they are built. That is another issue with which we are not concerned at this stage. I think Deputy Coburn is one who takes Deputy Murphy's point of view. So insincere and such a sham is the whole of this agitation for a reduction in the annuity payable under the cottage purchase scheme that while Deputy Murphy supported the Bill, he did so, not because he believed in it, but only because he felt the Act had become a dead letter. Here is a Deputy who declares he does not believe in the proposal he is advocating, yet he wants that principle to become effective, and to make the Act which he says has become a dead letter a live reality, an effective instrument for the transfer of the houses from the ownership of local authorities to the ownership of the tenants. In order to prove that the scheme was a dead letter, Deputy Murphy adopted a most extraordinary technique. Unlike his leader, Deputy Norton, he did put some figures before the House, but the figures he put before the House were highly selective.

The Deputy had been well supplied with statistics. He had, as I have, a tabular statement giving details of the transactions which have taken place in every county in Ireland under the Act of 1936. I know that the table is in three heads. One shows the number of cottages in the purchase schemes submitted by the boards of health; the second shows the number of applications made for purchase; and the third, the number of cottages vested. Deputy Murphy, in his endeavour to prove that the Act was a dead letter, gave the House very full information under two of these heads. He referred to West Cork first. West Cork being his own constituency, he was naturally most familiar with it. He told us that the number of cottages in West Cork covered by the schemes was 1,421 and that the number vested was nil. He also, however, in that connection rather significantly indicated that, so far as the members of the board of health of which he was a member when the 1936 Act became operative were concerned, they did not believe in the thing at all, so that when people wanted them to adopt purchase schemes and made applications to purchase, they thought it was a needless and unnecessary thing to have to make inquiries into title. He certainly gave me the impression that, so far as West Cork was concerned, everything possible had been done by the local authority there to discourage people from coming forward to make applications under the Act.

He went on to refer to Cavan and said that, in Cavan, 1,201 cottages were covered by the purchase scheme and that 918 cottages had been vested. The number of applications to purchase—they were 976—he did not give. If we take Cavan, we find that almost 80 per cent. of the cottages in the county under the control and in the ownership of the Cavan County Council have become the subject of applications to purchase and that of all the cottages in the ownership of the county, over 75 per cent. have been vested. That does not look as if the Act had become a dead letter in County Cavan. The same is true of a considerable number of other local authorities.

Monaghan was, I think, one of the other counties the Deputy referred to. In Monaghan, he said, the number of cottages covered by the purchase schemes was 555 and the number vested nil. I pressed him in relation to Monaghan and the other counties to give the really significant figure, that is, not the number of cottages vested but the number of cottages in respect of which applications for purchase have been made. No cottage can, or should be, vested until the tenant purchaser is in a position to get clear title. Is there any Deputy who would challenge that principle? Would Deputy Murphy, who laid so much stress on the fact that after a number of years only about 3,400 cottages had been vested, want a local authority to enter into a purchase agreement with the tenant of one of its cottages, and the tenant to bind himself by that agreement, and then to find that it was not in a position to give the tenant clear title and good title? Do Deputy Norton, Deputy Murphy and those who made so much play with the fact that so few cottages have been vested want local authorities to sell these cottages under false pretences to the tenants, to sell them when they themselves had not got the title to them?

The real reason why so little progress has been made is not that the terms of the Act are not attractive. The mere fact that nearly 10,000 tenants have already applied for purchase, even in the circumstances which have existed since 1939, shows that the terms are attractive. But there is, of course, this great difficulty, that a very large number, two-thirds, of these cottages were built prior to 1914. The agreements which were entered into between the farmer who had the land and the local authority which wanted to build a cottage thereon were so nebulous and so unbusinesslike, if you wish, that, in respect of the great majority of these cottages, title has not been registered and the local authority has no clear title at all. That is why there have been so few vestings.

On the other hand, there have been, as I have pointed out, a considerable number of applications to purchase. Let us consider the record in that regard. This Act became law at the end of June, 1936. Regulations were issued at the end of March, 1937, but it was found necessary to amend these regulations, and the regulations governing the submission and adoption and general administration of purchase schemes were not made definitive until 8th August, 1938. That is when the 1936 Act really began to operate. What has been the history since? On 31st March, 1940, within 19 months, if my hurried computation is correct, after the regulations had been made in final form, no fewer than 6,666 applications to purchase had been made.

In 19 months, 6,666 people had made applications to purchase. That does not look as if the Act was a deadletter, and it certainly does not look as if the terms were unattractive to the tenants. That was the position on the 31st March, 1940. On the 31st March, 1941, the number of applications to purchase had gone up to 7,156, and, remember, that at this time the emergency had well developed. Everybody knew that it would become difficult to get building material. Everybody felt that, perhaps for a time, it might be better if somebody else had the responsibility for maintaining your house rather than yourself. That was, as I said, the position as it had come to manifest itself on the 31st March, 1941. On the 31st March, 1942, the number had risen to 7,828. On the 31st December, 1942, nine months later, the number of applications to purchase had increased to 8,421. On the 30th September of last year, the number had gone up to 9,131, and on the 31st March this year the figure of 9,453 had been reached.

Mark the continuous increase over this whole period of the emergency when most people would have been glad to have allowed others carry responsibility for maintaining their homes in a habitable condition. Yet, notwithstanding the fact that every person who made an application to purchase was aware of the fact that, if purchase became effective, if the cottage were vested in him, he would have to accept responsibility, in this time of difficulty and in this time of high prices, for keeping his house in repair, and was aware, too, that, if he did not keep his cottage in repair, the local authority would, as Deputy Coburn has pointed out, come in and repair it for him, repair it, if you like in spite of him, and recover the cost from him. Over the four years since 31st March, 1940, the number of applications to purchase had gone up by nearly 3,000, or 50 per cent. over what it had attained in the 10 months immediately after the passing of the Act. I contend that, in the light of these figures, it is just ridiculous to say that the Act has been a dead letter, that the Act has not been attractive to the purchaser. On the contrary, the figures prove undeniably —for it is a denial of common sense and intelligence to contend otherwise— that the terms have been attractive and that the Act has been effective for the purpose for which it was designed.

Now consider the other side of the case. I have already pointed out that purchase schemes under the existing Act give to the tenant purchaser an immediate reduction of 25 per cent. in his cash outgoings on his weekly payments. They do not do that, as I have said, without transferring that burden somewhere else, and that burden will be transferred to the backs of the ratepayers. Because Deputy Norton and Deputy Murphy were at pains not to put the full facts of this matter before the House, and because Deputy O'Higgins, in speaking on this measure, pointed out how serious were the disadvantages which he laboured under owing to neglect on the part of those who were sponsoring this Bill to put the relevant figures before the House, I have circulated a statement here to-day which I hope will be of assistance to the House and will help them to appreciate what really is involved in the measure.

The first thing I want to point out is that, whereas, prior to the 1936 Act, the total amount that would have been payable by the tenants was £243,000 a year, under the 1936 Act, if every tenant availed of its terms, the aggregate cash payment of the tenants would be reduced to £182,000, but on the other hand, the liability to be borne by the local authorities would increase to £307,000 a year. If this Bill were to go through and full effect were to be given to its main provisions—there are two serious provisions in it: one, that the annuities should be reduced by 50 per cent., and the other, that upon the terminable annuity there should be an overriding limit of 50 years—then the position of local authorities would be that there would be 10,000 houses in respect of which they would not be paid one penny. Is there any justification for that? Is that anything short of expropriation? Does it matter very much whether the property to be expropriated belongs to a local authority or to a private citizen? Once you accept the principle of expropriation, where is it to end? If it is to be the cottage belonging to a local authority to-day, who knows what it will be to-morrow? Whose farm is it to be, whose land is it to be, whose business is it to be, once you accept the principle of expropriation? And the principle of expropriation is embodied in this Bill——

Mr. Corish

Do not talk nonsense.

——because if effect were to be given to the terms of the Bill, the immediate consequence would be that no less than 10,000 houses would be taken from the local authorities and given to individuals without the payment of a further penny piece on the part of those individuals. Is there anything just or equitable in that? Yet, that is the sort of proposal that the Labour Party brings forward.

Mr. Corish

If we took notice of your speeches 13 years ago——

Even if you have landed yourself in this mess, keep your temper.

Mr. Corish

I will keep my temper.

If you are going the whole hog in the matter of expropriation, even if you are going the whole way to Moscow, keep your temper.

You should be locked up and chained.

That is not the end of the story.

On a point of order. Are you aware, Sir, that the Minister's shouting can be heard at the Victoria monument?

Why should I not shout? Would not proposals like yours make Heaven cry out? If there is any justice in the country this will finish you. They know that I have just a minute more. I want to say that that is not the end of the story. If full effect were given to this Bill, the burden of the local authorities would be not £307,000 but £437,000. However, I think I have detained the House long enough.

Indeed you have.

I am certain that on reflection those who may have been disposed to vote for this Bill because of the rather misleading way in which it was put before the House will reconsider their attitude and treat the measure as it deserves.

Mr. Corish

I move the adjournment of the debate.

Debate adjourned.
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