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Dáil Éireann debate -
Tuesday, 10 May 1949

Vol. 115 No. 6

Ceisteanna—Questions. Oral Answers. - Occupation of County Clare Farm.

asked the Minister for Lands if he is aware that portion of the O'Callaghan Westropp farm at Lismehane, O'Callaghan's Mills, which it was decided to allot to Mr. Patrick Maher, Lismehane, several years ago, and on which there is a vacant Land Commission house for several years past, is still in the beneficial occupation of another person; further, if he is aware that the decree for possession granted on July 15th, 1948, has not operated successfully against the present occupant, and if he will state definitely what action he proposes to take in the matter.

I indicated in reply to a previous question by the Deputy that there were legal difficulties in this case. Arrangements are now being made with the county registrar to execute the decree for possession obtained in July, 1948.

Does the Minister fully realise the gravity of the salient feature of this situation? Does he realise that a body with competent jurisdiction made an order evicting this man on July 15th, 1948, and that in May, 1949, he was still in possession? Does he realise that the fact that one man can hold up the machinery of the law is bringing the law into contempt and disregard in the whole county?

Such is the case. A decree for possession was obtained, but the delay the Deputy complains of is not the responsibility of my Department. Every pressure has been brought to bear on the appropriate Department to have the eviction carried out at the earliest possible date.

I am not satisfied with the way this matter has been handled, and I give notice that I intend raising it on the Adjournment.

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