This morning I gave notice that I would ask the Minister for Defence the following questions: If he would state (a) the reasons for the urgency, (b) the necessity and (c) the circumstances, under which the Emergency Powers Act was utilised to evict Mr. Strevens, his wife, two children and his father-in-law and mother-in-law from his house in Carnagh, Kiltoom, and if he is aware that the family is now homeless and dependent on getting shelter in neighbouring houses. I want to draw the special attention of the House to this matter. I shall try to be as accurate as possible and I shall utilise the information that has been put at my disposal. It appears that this citizen, Mr. Strevens, held a house and farm of land from Lady Eaton at Carnagh, near Athlone, that he carried on a farm and had also a market garden for the production of vegetables, fruit, etc. He had, amongst other things, an acre of strawberries. It appears that the Department of Defence have agreed to purchase the farm and house from Lady Eaton but my information is that the sale is not even yet complete or at least that possession has not actually been got from Lady Eaton. It would appear also that the Department and the Minister invoked the Emergency Powers Act for the purpose of getting possession of the house from this man, thereby removing him from the effective control of his garden and farm. While it is true to say that no forcible eviction took place, there was what one might call an eviction by intimidation—by a statement being made to him that possession was being taken under the Emergency Powers Act and that he had only until 12 o'clock midnight to get out.
The important point and the urgency of this question is that the Emergency Powers Act is invoked against a citizen at this time when, as far as anyone can see, there is no real emergency. I could understand the Emergency Powers Act being invoked in 1939 or 1940 but I want to know why it is invoked at this particular time considering that the rights which the citizen has are something like these: that he was ten years in possession of this house and farm, that no matter what the nature of the tenancy was, under the ordinary civil law a proper notice to quit within the terms of his agreement would have to be served on him, that he would have to be taken to court and an order of the civil authority obtained for possession. That would have enabled him to make the case to the presiding justice or judge that, owing to the circumstances in which he found himself, he should get a reasonable, time to vacate the premises. My experience of judges of this State is that they have always been reasonable, and that, where a case is made by counsel or a solicitor for a client, the judge grants a stay of execution upon the decree to enable the tenant to wind up in a reasonable way the business in which he is engaged.
My information is that there were two requests made to the Department: (1) that as the land was being required only for the purpose of a rifle range, there was no military necessity for the occupation of the house and that having regard to the fact that this man was engaged for ten years at this type of market gardening business, the house and place should be left to him to enable him to carry on that business and thereby earn a livelihood for himself, his wife and family and his parents-in-law. The second request was to the effect that if that were not granted, reasonable time would be given to enable him to harvest the acre of strawberries, which has been valued at about £1,000, and on which it was estimated the net profit would be in the neighbourhood of £100, or perhaps more. The solicitor acting on his behalf made the applications direct. Both applications were refused. It appears that a notice was served under the Emergency Powers Act, dated March 24th, for evacuation by April 24th. In between these periods, my information is that representations were made that either or both requests should be granted.
On April 24th this citizen was approached by the military authorities, and informed that he must get out. They did not throw him out, but I think the only word that I can use is that he was intimidated into acquiescing in the demand for possession. The only facility granted this citizen was that they would allow him to lock up the furniture in two rooms in the house. He is now left in the position of having to go to neighbouring houses for shelter for himself and his family. It is in my opinion a matter of grave public importance, that the Executive should not utilise the powers that this Parliament granted it for the purpose of protecting the rights and liberties of citizens, against the interests of citizens. I ask the Minister to tell the House if there is an emergency in Athlone peculiar to Athlone; if some situation is likely to arise at this time, so that it is absolutely essential that we should take this land and house for a rifle range; if the safety of the State would be in danger by waiting until July, August or September to acquire the property; and if he will tell us the circumstances under which this case came about. I do not want unduly to stress the matter until I hear what the Minister has to say, and what assurance he can give concerning a rectification of the situation.
