asked the Minister for Lands if he will state the reasons why the Irish Land Commission took proceedings, at Wexford District Court, on September 18th, 1946, against Thomas Coleman, Prospect House, Clonard, Wexford, for possession of nine acres of land at Cotts (Map No. 6), Tacumshane, County Wexford; if he is aware that the letting in this case appears to have been created in June, 1937, and that other lettings of a permanent nature were made on the same occasion on the same estate; if, in view of the fact that the district justice, in giving his decision, commented unfavourably on the nature of the letting, and that a stay of execution until 1st January next was put on the decree for possession to enable the Department to review the matter, he will now reconsider the propriety of proceeding any further with the claim for possession; and if he will arrange to have this nine years old temporary letting put on a permanent basis.
Ceisteanna—Questions. Oral Answers. - Wexford District Court Proceedings.
Mr. Boland
Mr. Coleman, a railway employee, was given a temporary letting of some accommodation land at Cotts in June, 1937. Other allottees on the same estate were given their parcels on a permanent basis. It is the ordinary Land Commission practice to differentiate in this manner in allotting land and the wisdom of the commissioners' procedure is exemplified by this particular case. Mr. Coleman retired from the railway service left the board of health cottage near which the accommodation plot was given him and went to reside on a farm he bought nine miles away. From his own evidence he was unable to work the plot at Cotts and attempted to sublet it.
On discovering this state of affairs, the Land Commission terminated Mr. Coleman's letting on 1st May, 1946, but he declined to give possession. Legal proceedings thus became necessary and the Land Commission have been given a decree for possession with a stay of execution until 1st January next.
The Land Commission fully considered this case before deciding to terminate the letting and see no reason for altering their decision. This House has enacted legislation prescribing, in certain circumstances, the recovery of allotments even when held on a permanent basis, and Deputies are well aware of the need for close supervision of the use being made of lands distributed by the Land Commission.
Is the Minister aware that in the year in which Mr. Coleman tried to let his land it was at a time when there were difficulties with regard to tilling? That was the only time at which he attempted to let. He was unsuccessful in letting in that year and he actually worked the farm with the help of his son. Is the Minister also aware that it could not be sworn, when this case was before the court, that he had got any notice from the Land Commission that his working of the land was unsatisfactory or that he was going to be required to give up the land until he got a notice to quit from the Land Commission?
Mr. Boland
I am afraid I am not sufficiently familiar with this matter myself. Unfortunately the Minister concerned is not here, and I cannot add anything to the answer which I have already given. If the Deputy wants any more information the only thing the Deputy can do is to raise the question again.
Deputy Keating is here and perhaps he could raise it on the adjournment.
Mr. Boland
Unfortunately the Minister is not able to be here.
On behalf of Deputy Keating, I would like to ask the Minister if he will consider withdrawing these proceedings and postponing a decision in the matter for another 12 months in view of the general atmosphere surrounding this case in the courts?
Mr. Boland
I will have the Deputy's remarks conveyed to the Minister. That is all I can do in the matter.