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Dáil Éireann debate -
Tuesday, 28 Mar 1950

Vol. 120 No. 1

Land Bill, 1949—Committee Stage (Resumed).

I move amendment No. 14:—

In sub-section (1), page 4, to delete paragraph (f) and substitute the following paragraph:—

(f) the determination whether a tenant or proprietor would be or would not be entitled to require the Land Commission to acquire the whole of his lands and provide him with a new holding and the determination of the new holding to be provided for a tenant or proprietor whose land is resumed or acquired by the Land Commission.

This proposes to delete paragraph (f) —one of the excepted matters in Section 10—and substitute a wording of a wider sweep than that first introduced. Paragraph (f) as introduced followed the wording of the 1933 Act closely and experience has since taught that that section needs a wider scope, since otherwise certain matters might fall into the jurisdiction of the Minister which it would be much more desirable to have in the hands of the commissioners.

The Minister says it has a wider import. It may have a narrower import for the owner of the land. Is it true that a man from whom land has been acquired or resumed in a congested district has been entitled to an alternative holding; and, if so, does this prevent him from getting such a holding?

How can the Deputy say that?

I am asking the Minister.

It depends largely on how the land is being used.

As I see it, it gives the Land Commission power to refrain from giving a man a holding who might be entitled now, because of certain circumstances which make it desirable to refuse him a holding. Is that the import?

Such was always the case. Whether the Land Commission would give a man a holding or not in exchange for land which they were acquiring or resuming was always an excepted matter for the commissioners.

Amendment agreed to.

I move amendment No. 15:—

In sub-section (1), page 5, line 4, to insert "the amount of" before "any".

This is a drafting amendment.

Amendment agreed to.

I move amendment No. 16:—

In sub-section (1), after paragraph (n), to add a new paragraph as follows:—

"(o) The determination of all matters decided at public sittings."

It has been the practice of the Land Commission, as far as I know, to decide many matters other than excepted matters, at sittings of the commission. Obviously, these decisions dealt with matters which were regarded as of more than ordinary importance. If it has been the practice of the commissioners sitting in court to decide certain important matters which are not ordinarily excepted matters, I would like that procedure to continue. There may be certain matters with which the Minister could not be fully informed or which could not be fully inquired into and which would require discussion and debate in a court before there could be a real decision.

I want to press nothing new on the Minister. If it has been the practice, as I believe it has been, for the Land Commission in court to decide certain matters other than those specifically excepted in the 1933 Act, I want that practice to continue.

It seems that in the drafting of Section 6 of the 1933 Act it was sought to clarify the powers of the commissioners and the Minister, in other words, to separate them. I believe the Minister and the Dáil at the time, all with the exception of the late Deputy Roddy, believed it would do so; but practice down through the years has proved that there is a certain amount of doubt or, at least, want of clarification, between the two. The commissioners did determine certain matters that they were to hear at public sittings. I want to make it clear that I want this House to clarify the position and to determine what the commissioners shall decide and what they shall not. In other words, I want to clarify the power between the Minister and the commissioners. I am doing my best in this Bill to do so and I suppose it remains to be seen whether the Bill will achieve that object or not. The Deputy will admit that this amendment would only lead to confusion and, probably, to disagreement amongst the commissioners themselves.

I want the House to set down what shall be the commissioners' functions and what shall be the Minister's functions and so clear the air once and for all. The Deputy is well aware that that was not clear up to this. This amendment will not do it because it is quite possible that some commissioners would be in favour of deciding that the matter of fixing a pump in Donegal or Wexford would be a matter to be heard at a public sitting, while other commissioners would go against that. This amendment will not get us anywhere and, possibly, would lead to further confusion instead of clearing the air.

I would not want to hold up the work of the Land Commission by dealing with minor works of that sort, no matter what any commissioners would say, but I would wish the Minister to inquire if there have been certain important matters which came up for judicial consideration before the courts and on which decisions were made and, where that has been done, I would ask that the precedent would be followed. I quite realise that it would be very wrong to make the position of the Minister and the Land Commission indecisive. It should be something clear-cut. Possibly the Minister does not cover everything in the added powers he is giving to the Land Commissioners. I wish the Minister would inquire into the matter and see if there are any precedents of court decisions. Even though they have not been included in the actual excepted matters of the 1933 Act, it would be wise to follow them, I think.

Section 3 of this Bill merely repeats a section that is included in most of the Land Acts, that is, that rules and regulations are made by the Minister and by certain other persons with whom he is in consultation. I understand that the matters to be heard at public sittings are decided under these rules and regulations because it would be most undesirable to have the Minister determining what matters would be heard at public sittings. It would be equally undesirable to have the commissioners determining what would be heard at public sittings. The rules and regulations to be made under Section 3 of this Bill are made in consultation with the Incorporated Law Society and several others who are better qualified than the average lay person to have a say in these matters. It is under these rules and regulations that the matters to be heard at public sittings are decided, not by the Minister alone.

The whole structure of this particular section is out of line with what was attempted to be done in the 1933 Act, because the Minister is taking back powers from the Land Commission which it was thought proper to leave to the Land Commission with a judicial tenure of office. Surely, if the Minister wants to have certain matters not subject to a decision in open court by the commissioners, that can be arranged. The whole point is that, if the Land Commissioners meet and decide a matter at a public sitting, it should not afterwards be reversed by the Minister's decision in private. All the parties involved have a right to state their case at the public hearing; the Land Commissioners give the decision; and I think it is only right that the matter should be left there and should not be reversible by the Minister in private.

Where in this Bill can the Minister reverse any decision come to by the commissioners sitting in public?

If the Minister is now going on to another leg and is claiming that the Minister cannot, in fact, reverse a decision which has been arrived at by the commissioners in public sitting, then he should accept this amendment. The 1933 Act gave broad indications as to what were to be excepted matters. We know that in practice, ever since 1933 up to 1948, there were other matters which were not specifically set out in detail that were treated as excepted matters as between the Minister and the Land Commissioners. The Minister did not interfere and all we are asking the Minister to do in future is not to interfere, that when the Land Commissioners have had a public sitting and have heard all the evidence on both sides in public, he should not afterwards reverse that decision in private.

No. There is no danger of that. The Minister cannot, unless this House gives him power under this Bill to do so. That power is not sought here and, therefore, the House will not be giving it. There is no possibility whatever of the Minister reversing any decision come to by the commissioners. While the Minister has not the determining of matters that the commissioners shall hear in public sittings, I think it is equally undesirable that the court themselves should have the determining of what they would hear. Even the civil courts, I understand, are governed in the same way, both in regard to procedure and the matters that come before them. They have not the determination of it. This amendment, in my opinion, seeks to establish a new departure and a new line of action that is not granted even to the Supreme Court.

Amendment, by leave, withdrawn.

I move amendment No. 17:—

In sub-section (1), after paragraph (n), to add a new paragraph as follows:—

(o) the sanction of all improvement expenditure exceeding £50 in any case.

There is a vast expenditure on improvements. Sometimes it has reached the amount of £750,000 in a year, and it has never been less than £250,000. It is very desirable that there should be a definite check on such huge expenditure. It may be, of course, just as desirable in the matter of making spot decisions that an inspector should have authority to spend a certain amount. It seems to me that in any case a sum of about £50 should be quite sufficient for an inspector to have at his disposal to arrange or rearrange any particular matter in dispute between allottees or between, shall I say, congests. If it is desirable that the fixing of the price of land should be in the hands of the Land Commission, if we accept paragraph (h), sub-section (1) of Section 10, it is also desirable that we should have a definite check on this huge expenditure of improvement money. I do not want to go back on what has been done before, but it does seem to me that (e) of sub-section (1) and (h) of sub-section (1) are definitely contradictory. The Land Commission have the determination of a standard annuity and on the other hand the Minister can fix the price of lands. I think it is wholly undesirable that the Minister should fix the price of lands, and I think it most desirable to have a definite check on improvement expenditure which reaches £750,000 in some years and has never been less than £250,000. I am not tied to £50, but I think that the Minister should accept a definite sum as the maximum which is allowed freely to be spent by an inspector of the Land Commission if necessary in making immediate agreements between congests.

I would ask the Deputy whether he can recall the limit established by regulation on inspectors when he was Minister for Lands?

I have no notion.

Would it surprise the Deputy to know that it was £80?

Let us have £80 then.

I think I am safe in saying that a line of procedure has developed in the Land Commission which has not produced very good results through the years, that is, that men up to the higher executive officer rank have not been given any responsibility, good, bad or indifferent, all through their lifetime. I believe that has had serious repercussions on the volume of work done by the Land Commission, and in no other Government Department does that practice obtain. I understand what the Deputy is at. Fifty pounds, I take it, is his shot in the dark, but that would be most undesirable. While officers in other Departments have very wide powers you have never heard of a single instance of their abusing those powers. On the contrary, every Deputy on the Government and on the opposite side during the period of this Government and of the last blames officials for being niggardly rather than generous with public money. In the case of inspectors who will get a certain amount of freedom in improvement expenditure I have no doubt that the officials of the Land Commission are as honest and as trustworthy as the officials of any other Department. Take the other limb of the Department of Lands, the Department of Forestry, where you have acquisition officers agreeing to prices. In the case of very big acreages of plantable lands with buildings in good repair and with standing woods, forests coming to maturity, they have the fixing of pretty huge sums. I blame them for chiselling over pence and halfpence, and, in my opinion, they often let good offers slip through their fingers. They miss the bus for the sake of a few pence, and miss good bargains too. There is no danger. This amendment says in effect that the Land Commission officers are not worthy of being trusted, that it would be dangerous to trust them, and I do not hold with that. As time goes on you will find that they will be too niggardly and slow to do things simply because of a few shillings.

There is not an analogy between the work of the Forestry Department and the work of the Land Commission.

Indeed there is and a good deal.

The amount of land purchased for forestry during the past year was a very minor amount.

The price, £4 per acre, is not going to delve deeply into national finance. The Minister must not say: "I have got the baby in my arms, do not hit me." Nobody is attacking the Civil Service. Maybe we would like to now and again but we do not. I doubt very much if the Minister is right in saying that the higher executive officers do not get responsibility. I would be very much surprised at that. I take it this way: the Minister is most interested in dealing successfully with congestion, particularly of course in County Mayo. I do not blame him for that.

There are worse areas than County Mayo in which I am interested.

The Minister in his desire for results might feel that he was right in the great generosity of his big heart in using whatever moneys he could use to get a solution of the problem. The Minister might treat it in a military fashion. In a war we do not count the cost but we look for success and it has been said from the Government side of the House that certain activities of the Government should be handled from a military point of view. I do not think that the results of such a proposal would be commensurate with the expense. I think that there should be a very definite curb on expenditure. Up to now of course the commissioners were in control of the moneys to be spent for land and they finally decided.

And will be now.

Of course we can all read.

All right.

The Minister will determine the price at which land is to be sold to any such allottee. That is (e) and sub-section (1) (10). I am not questioning the honesty of the Minister or the high honour and integrity of the civil servants at all. I am questioning the generosity of the Minister and his desire for a successful solution of congestion. In his desire for a solution for congestion he may on the spur of a generous moment spend any amount of public money, which is not desirable. There must be a check. Why not get money in the ordinary way and if there are spot decisions to be made give the inspector £100 or increase whatever he was getting? Give him enough money to solve immediate problems—they are generally small problems—and later on he can get the Land Commission to sanction the expenditure.

The Deputy speaks of a check. The Committee of Public Accounts is the most searching check we can have.

Locking the stable door. The money is spent.

I know that the money is spent but the Minister is there to face the music.

The Minister is there to face the music but the Minister comes into this House and no matter how ill-advised the action he has taken he has the full support of the majority of Parties in the House. We have all experience of that. Criticism of the Minister after the work is done is little use in this House. That is my experience. In all reason, to have a check is good financial procedure. There should be a check on money spent, not a year afterwards by the Public Accounts Committee, but when the money is being spent by an official of the Civil Service. When an official spends money on the solution of congestion under the instructions of the Minister, surely the Minister can defend any action he then takes before the House with a majority behind him. In fairness and justice, why not agree to a definite amount of money being placed at the disposal of the inspector to enable him to deal with any immediate problem that arises? As I said, there will not be big problems. They will consist of minor adjustments of three, four or five acres as between one tenant and another. The sum involved in that would not be a very large one.

I think it is most undesirable to change the proposals in this Bill. The Deputy must be well aware that these are some of the things which have contributed to failure in the past.

I do not admit any failure. I think the Land Commission has been very successful.

Several of the Deputy's own rearrangement schemes fell by the wayside while the Deputy was Minister for Lands because of these drawbacks.

The Minister will not get over it that way, either.

The point is not whether or not the inspector should not have £50 or £80. The point is whether the Minister or the Land Commission should decide where an improvement costs more than £50 or £80. Is it the Minister who should decide that public money should be spent in that way or is it the Land Commissioners who should so decide? In this particular Bill, the Minister is taking power from the Land Commissioners. I do not think this is a power the Minister should have. The question of deciding whether or not a sum over £50 should be spent on improvement should be one for decision by the Land Commissioners and not by the Minister.

I think the Minister would be well advised to give some indication to the House as to the general type of expenditure which will be involved in these cases. As Deputy Moylan has pointed out, the control of this House over expenditure is exercised through the annual Estimates. That is the only way in which Dáil Éireann or the taxpayer has any real control. It is not, of course, a real check, except to the extent that, if some very scandalous malpractice of extravagance occurs, it may come under the notice subsequently of the Public Accounts Committee. Surely the Minister will admit that it is very important, even from the point of view of the reputation of the Minister for Lands and of the Land Commission itself, that there should be some regulation as to the amount of expenditure to be allotted in these rearrangement schemes. The amount is very substantial. Deputies representing constituencies in which these moneys are spent are only too anxious to have as much money as possible made available. Nobody objects to the money being made available if it is profitably spent in the solution of the problem of congestion and if it gives a good return to the country as a whole. I think there ought to be some check. Whether or not the Minister accepts this particular amendment, he should give the House some indication of the type of expenditure involved in these rearrangement schemes. Something in the region of £200,000 is expended annually in the western counties mainly on this type of rearrangement work. If the Minister agrees to some regulation controlling the amount of expenditure on particular schemes, I think he will save himself in the end. The figure of £80 may have been there in the past, but circumstances have altered and it may well be that that amount will have to be increased. The Minister is taking advantage of the fact that he has a majority in this House. He refuses to be cribbed, cabined or confined in any way as to the discretion he will have. We all believe that he should have a legitimate discretion. From his own point of view, I think he is unwise in refusing to accept any suggestion of limitation on expenditure in particular cases.

I resent that remark of Deputy Derrig's. He says I will not accept any amendment because I have a majority behind me. I do not think that is a statement a responsible Deputy should make. It clearly implies that the Deputies sitting behind me are just so many wooden sticks that they will do whatever they are told or go wherever they are carried.

Sure, they do.

Perhaps the Deputy may have had that experience himself. I never had it. Neither would I like to have it. This amendment seems to have been motivated by the mistaken idea that this refers to the rearrangement schemes, and that the Minister will have complete control over expenditure in such schemes. On the Second Reading, I clearly pointed out to the House that where rearrangement schemes are concerned the commissioners would, as at present, first fix the general outline of each scheme by sanctioning the money to be spent on improvement works, and by determining the total purchase money to be charged for individual holdings. I think that should clear the air sufficiently.

Major de Valera

Arising out of the Minister's last remarks, might I ask how what he himself said in an earlier debate is related to this sub-section?

It is related to Deputy Moylan's amendment.

Major de Valera

I have already, when dealing with another amendment, pointed out that, in the framework of this particular section, unless the exception of a power is explicitly made in the section, then the Minister has all the powers in his own hands that the lay commissioners normally have. I think I am right in that. If that is so, it seems as if the Minister has power to determine everything in connection with rearrangement schemes as the section stands. I do not want to go over the entire argument again.

At present we are on amendment No. 17.

Major de Valera

I appreciate that. Amendment No. 17 purports to substitute in sub-section (1) of Section 10 after paragraph (n) thereof, a further exception; in effect, that is a further reservation of powers to the Land Commission as distinct from the Minister. Unless that reservation is put in the sanction of all improvement expenditure, it will be vested in the Minister. It is immaterial that it may be concomitantly or concurrently a power exercisable by the Land Commission. There are a number of Deputies who think that it would be wiser, from the point of view of the Minister and from the point of view of the public, for the Minister to preclude himself from certain powers, both from the public point of view and from the Minister's own point of view by way of protection for himself. All that has been dealt with already and I do not propose to elaborate it at this stage. From both these points of view it is desirable that the Minister not only should not take the powers, but should preclude himself from taking them. In this particular case, we are pressing an amendment which would have the effect of precluding the Minister from having the power to sanction, save in a case where the expenditure is under £50.

As I stated on other amendments, I am not taking it upon myself to judge the expediency or the merits of this particular matter. I was merely prompted to get up and make this reference because of the Minister's final remarks before he sat down. It appears to me that, as the section stands, the Minister would have these unrestricted powers in regard to improvement expenditure if this amendment is not adopted. I am not dealing with the merits, but if the Minister can show us—and I would ask him this—in any other part of the code which I have not examined, or for any other reason, that those powers are not, in fact, available to him at the moment or will not come into his hands under this particular section, we would be glad to hear him, and I may say that it would help very considerably to hasten this discussion. Otherwise, restricting myself severely to merely the face of this Bill, I am inclined to think—in fact, I put it to the Minister —that if this amendment is not adopted, whether he likes it or not, willy-nilly, he will have complete power, it may be concurrently, with the Land Commission over such expenditure.

I think the best reply I can make in regard to this amendment is to quote a particular case. I do not believe that it is known to many Deputies but it is known to a few at least. In the month of February, 1942, a gale or something of that kind blew a breach in an embankment in a place called Calinafercy, County Kerry. At the time the local inspector was limited to an expenditure of £80 under a regulation by the Minister. I am told that about £120— I am not very sure of the figure but it was either £120 or £220—would have been sufficient to repair that breach the next day or a few days immediately following the occurrence. The matter was duly reported and Deputies of all Parties interested themselves in it. The breach occurred in February, 1942, but nothing was done to repair it then. As time went on, whereas in the beginning there was only one breach let us say of ten or 12 yards wide which a couple of hundred pounds would have set right, the matter was allowed to get worse until shortly after the present Government came into office. Deputy J. Flynn, Deputy Palmer and, I am sure, Deputy Kissane probably know all about this matter. To cut a long story short, last year the estimate —which was sanctioned—for the repair of the damage was £7,700. I would point out that six years elapsed since the breach occurred before sanction was given for its repair. If the inspector in question had had power to sanction the couple of hundred pounds which were required to repair the breach in the first instance the taxpayers of this country would not have had to bear the cost of all that £7,700.

In Clare, a short time ago, there was a similar occurrence and, by a superhuman effort, steps were taken inside a week or ten days of the making of the breach in the embankment. That is only one instance I am quoting.

Major de Valera

The Minister will appreciate that that is really a case on the merits—that that is really a case on whether it should or should not be so. I may have taken the Minister up wrongly and if I did I shall be obliged if he will put me right. I understood him, at the end of his remarks some minutes ago, to imply that the Minister would not have power to sanction improvement expenditure of himself and that it would not be exercisable by him. That is a quotation from the Minister himself. Did I take that up wrong?

I am afraid the Deputy did.

Major de Valera

Would I be troubling the Minister too much to ask him to read that quotation again?

The quotation is from the Official Report of the Dáil Debates of the 16th November, 1949, column 900. It is as follows:—

"For these rearrangement schemes, however, the commissioners would, as at present, first fix the general outline of each scheme by sanctioning the money to be spent on improvement works and by determining the total purchase money to be charged for the new holdings."

Major de Valera

I appreciate that. That is what the Minister would want to have done. My point is that, alongside the powers of the Land Commission in this matter, the Minister will have under this section complete power to deal with it in his purely ministerial capacity. In other words, he can short circuit all the machinery. He can deal with improvement expenditure and everything else off his own bat, so to speak, if he wants it. My point is that he will have that power, and some Deputies think that it would be desirable to limit that power by way of a reservation.

No. There is no change in the system. I believe that the Minister had the same power in the past. Even though that power may be in the Bill, I cannot conceivably see the Minister ever using it. He would not have the requisite expert knowledge to go into a case like that.

I would not advise the Minister to accept this amendment. We know that from the very outset the Minister's idea in this Land Bill has been to try and speed up rearrangement. What on earth good is £50 to any officer of the Land Commission who is trying to deal with some little extra matter in a rearrangement scheme?

What matters would they have to deal with, for example?

It might mean the expenditure of, say, £20 more on the reconstruction of a house. There might be the question of the erection of a pump.

O.K. Have it.

It might mean £30 or £40 more for a road or for some other matter. Are we, then, to limit an official of the Land Commission who is there on the spot and who knows the amount of money needed for any particular scheme or plan? I am sure that Deputy Moylan will agree that over the past 30 or 40 years the amount of money required and asked for in respect of any scheme was granted.

It is never changed.

Who are the commissioners to know, and how can they tell or question the amount sent up by the engineer?

Unless they go down and inspect the works themselves it is a physical impossibility.

And then find that they are not nearly as competent as the official in charge.

Hear, hear!

It would be throwing a spanner in the works in so far as the aims of this Bill are concerned. I think that every Deputy who knows anything about congested areas and about what congestion means realises that there is a certain moment in a certain day in a certain week when a lot can be done if the official is there. It may be that after a fortnight, because of delay in the Land Commission, the whole scheme is upset. If we were to take into consideration the amount of travelling expenses paid to officials to go into the congested areas to try to bring about resettlement— and resettlement that could have been brought about while they were there— and, because people had time to change their minds afterwards, the whole thing was upset, we would not stint any official to £50. Deputy Moylan seems to be afraid that money will be thrown about here, there and everywhere, and that officials of the Land Commission who look after rearrangement and resettlement schemes will be rather flush with the taxpayers' money. There is also the Committee of Public Accounts. We have the Comptroller and Auditor-General to look into things like that.

And the Minister for Finance.

And the Minister for Finance also. There are, unfortunately, too many to check up on the activities of the poor Land Commission official. I do not see any reason to tie him down any further.

I think the amount of money mentioned in the amendment by Deputy Moylan is merely a nominal figure but, in my opinion, there should definitely be some limited amount mentioned. From our knowledge of inspectors, we know that they are merely human beings and that they are capable of making mistakes. We all know of a number of instances where they made mistakes in carrying out improvement works. Take the case of a young man coming out of the university with degrees who is sent to supervise one of these works. He might have the best intentions in the world but he would lack practical experience in the type of working he was carrying out. He would carry out a scheme and be done with it but at a later stage it might be found that he had gone quite in the wrong direction. There would be nothing to stop him while the work was in progress. Even the inspector in charge might not like to let him down, knowing that he had plenty of money to spend and that there was no check on him. I think that this is a very sensible amendment. The amount of money set out by Deputy Moylan may be too small but, at the same time, there should be some amount fixed now so that if there is any extra amount required the attention of the Land Commission would be drawn to the matter. While it is left in this unlimited way, there is a danger that some unjustified expenditure will be carried out.

Surely to goodness Deputy Beegan, as a Deputy who has always interested himself in the relief and resettlement of congests, knows that an inspector who goes to any locality to rearrange holdings will closely inspect any scheme before it is allowed to proceed? Deputy Beegan should know that if there is any tendency to reckless expenditure, if, say, £200 is suggested for some work that in the opinion of the chief inspector for the area is unnecessary, or if the amount suggested is too much, the chief inspector is not such a fool as to let that pass. It is all right to say that we have young inspectors coming out of the universities with plenty of qualifications but lacking in experience. So far as my area is concerned there would be very little done if it were not for the assistance we got from these young officials.

Why seek to establish by statute a fixed limit for inspectors now when there was never a limit fixed by statute before?

What about the £80?

It was done by regulation.

It was within the Minister's power to make regulations, and a regulation was fixed in respect of expenditure over £80, but I may tell you that that was the cause of the breakdown of many good rearrangement schemes and the consequent loss of all the expenditure involved in the preparation of maps and other details in connection with the scheme.

This applies to all farm improvements.

Let me repeat that I have full and perfect confidence in the Land Commission officials not to play ducks and drakes with the taxpayers' money.

The Minister says he has full confidence in the Land Commission and their officials. What we are trying to do in this amendment is to leave a matter which the Minister says was in the hands of the Land Commissioners still in the hands of the commissioners—power to fix the sum that should be allocated for improvements. The Minister in the quotation he read out there stated that even in these rearrangement schemes the first thing that would happen would be that the Land Commissioners would fix the amount of expense on improvements, and he used the phrase "as at present." We are not asking him to put any limit on the sum of money the Land Commissioners may at their discretion spend upon improvement works in any scheme. There is no limit of £50 on the Land Commission, so that this amendment would not operate to cut down the Land Commission's discretion to works costing £50. It would operate to cut down the Minister's discretion directly. I think that if the Minister nominates an official directly to do a certain piece of work, £50 is enough to put at the sole discretion of the Minister. If the amount is over £50, it should be a matter for the Land Commission. We have in this whole land legislation taken great powers over the property of individuals. The State has no such right over people who have other forms of property. It is only right that such extraordinary powers should be exercised only by people who have no political axe to grind in arriving at a decision, and the taxpayers will be anxious if a Minister, subject to all the pressure to which a public man is subject, has a discretion to spend an unlimited amount of money on improvement works. We believe that it is only right in the interests of the taxpayers, as well as in the interests of people who have land, and who are going to let land, that the decision in regard to improvement works on which it is proposed to spend more than £50, should be taken by the ordinary Land Commissioners rather than by a politician in office for the time being.

It now emerges that the apprehension of the Opposition is that there is some sinister political significance in the Minister's seeking this power. I want to say to the Minister that if this power will get rid of the hiatus that is caused by officials going back and forth, the shuttle-cock period of the time when communications are passing between the Land Commissioners and the inspectors in charge, by all means let the Minister have this power. I think that Deputy Beegan, whom I rate as an extremely honest person, even though he is sometimes a bit confused, has possibly defeated, by his arguments, what would be his own genuine conception of how to solve this problem. We are inclined to impute a degree of recklessness in these matters which no Comptroller and Auditor-General could overlook, a degree of recklessness which no senior official could possibly overlook to the junior inspectors whom the Minister may send down.

Surely the Comptroller and Auditor-General will not go down and inspect it?

Is the Deputy suggesting that the same officials who operated under the Government that was run for so long by his Party are suddenly going to become reckless and lose all sense of proportion and balance —that the senior officials, accountable as they are for the use of public moneys, are going to become reckless in their support of the actions of other people? That is a nonsensical argument. If that is the basis of the Deputy's argument, the sooner this shadow-boxing on the section stops the better it will be for the congests whom the Deputy is supposed to be seriously interested in.

Even though I may be regarded as a critic of the Land Commission in many respects, I do not think it is fair to impute a recklessness to responsible officials of the Land Commission as would seem to be suggested in the arguments of the Opposition on this amendment. If this is going to help in any way to reduce the cost of postage and the time lag between an inspector in the country and a decision of the commissioners in Dublin, by all means take that power and take it quickly.

The operative word in Deputy Collins's speech is the word "if". If it is going to expedite the work or rearrangement—that is the Deputy's line. I do not think it is.

Why not give it a chance?

My motive in putting down this amendment was to improve the Bill.

The Deputy need not think that I would ever credit him with the motives with which I would credit Deputy Aiken.

I always know that Deputy Collins thinks the best of me. My motive in putting down the amendment was to try to improve the Bill, and I think it will be an improvement. I am in entire agreement with Deputy Commons that there should be a certain amount of money that could be used loosely—if I may use that term—for the immediate settlement of disagreements and small problems. But Deputy Commons did not make up a list that would amount even to £50. Surely, in the lay-out of a rearrangement scheme, there should be some arrangement for the provision of water, even if that meant the sinking of pumps. It might be necessary that a pump should be sunk 50 feet further than was originally intended on account of the depth of the water level. In that case, I would be anxious that there should be in the hands of the inspector £50 or whatever such sum as might meet a problem of that sort. I am not bound to £50.

Deputy Commons did make some sort of case, but the Minister made no case. There was a bridge over the Brown Flesk at Dick's Grove in County Kerry, one of the busiest creamery districts in all Kerry. A flood swept the bridge away, and it took four years before it was replaced by the Kerry County Council. So it is not merely in the Land Commission that these things happen. Whatever the bridge was like at Calinafercy that was washed away—as the Minister told us—we have had, every day in the House for some years, during the régime of the present Government and certainly for five or six years of the last Government, questions raised about the repair of embankments at Calinafercy.

I could match the Minister's statement in regard to the sweeping away of the bridge at Calinafercy, the original estimate of the repair and the final cost of doing the work. I know that near Cork City, on the Lee, certain portions of an embankment were swept away and two farms were destroyed. The original estimate of repair work when the breakage occurred was £300. The Land Commission refused to carry out the repair work. This Bill contains no section that might tend towards making the Land Commission decide as to whether or not they would take over the repair of embankments. In regard to the Calinafercy bridge, the Land Commission took up the same attitude as they are taking up with reference to embankments everywhere. They claim that they are not their responsibility, but by the force of public opinion they have to take over repair or improvement work now and again which they claim is not their responsibility. What the Minister talked about—the repair of the bridge at Calinafercy or the rebuilding of a bridge there—has nothing to do with improvement work; there is not the shadow of an analogy.

It is out of the Improvement Vote it comes.

What the money is wanted for in rearrangement schemes is something like this. It may be necessary to go beyond the agreement made with the congests in order to add a room to one man's house; it may be necessary to dig a well deeper than was intended; it may be necessary to provide a portion of a road not originally estimated for. There is not a shadow of reason why the inspector, in order to do these things, should not have at his disposal some money to deal with them on the spot.

£50 would hardly be enough.

All this is concerned with is a spot decision. If there is a difficulty between two congests that can be settled by the expenditure of a certain amount of money on the authority of the inspector, whether it is the building of a room to a house, the making of a small portion of road, the digging of a well or the making of a fence, I agree that the inspector should have a fairly wide discretion. I am not tying myself to £50. I think the commissioners should have the control of the original estimate. The money needed for the general carrying out of the work should be controlled by the commissioners. If there is money needed for a spot decision, put that money at the disposal of the inspector. Let us know what the amount he needs is.

I think the Minister should agree to accept this proposal. There is no other motive in moving the amendment than what I have outlined, no attempt to curb the Minister's success with this measure. I am as anxious as he is to have a solution for congestion. Even though the Minister suggested Deputy Derrig was wrong in what he said, I submit that Deputy Derrig was not wrong. The Minister is adamant against any suggestions. He told us a few weeks ago that he did not care a snap of his fingers for the Opposition.

Oh, no, I said I did not care a snap of my fingers for what the Opposition does.

I want to put it to Deputy Collins that the study of the law gives so much ability for driving a coach and four through the law that very often a good lawyer is not a good legislator. Nevertheless, I would accept the viewpoint of Deputy Collins as a good lawyer. This legislation is going to be the law and it may come before the courts for a decision as to what it means. On what will the judges in court base their interpretation? On the words of the Act. They will read the Act and will not come to the Library in Leinster House to read in any particular volume of the Dáil debates what promises the Minister may have made. The judges, in deciding the law, would regard that as so much rubbish. I suggest to the Minister that he should have a little bit of common-sense, that there should be a little bit of give and take on his part, a little bit of reason. We are not confined to the £50 in this amendment. Let the Minister take as much money as he wants to for spot decisions and for no other purpose.

I can see the significance of the point that is put forward in support of the amendment. It still maintains very considerable control over public expenditure. Any case made for the control and the use of public funds must receive very serious attention; but, on the other hand, the Minister resists the amendment on the grounds that, if it were carried, it would hamstring him in the administration of this Bill when it becomes an Act. We are asked to make up our minds from a practical point of view as to which is the better way of dealing with this.

I believe that this principle of the control of public funds has been allowed to run amok for a great number of years, and that there gradually has grown up the practice whereby nothing can be done by anybody within a reasonable time. When the matter of expenditure arises, plans have to be prepared and submitted. They are then sent along to some person, we will say in this case to the Land Commissioners, with a recommendation from the man on the spot. That man is on the spot because he has been found to be a competent and capable official; he is generally a man of many years' experience; he has reached the position he is in after long years of experience and because of his ability and competency. My experience, and I think the experience of quite a number of Deputies, has been that when such a report is received in the section of the Department dealing with it, it is, in the first instance, examined probably by a very junior official. He finds some snag in it, something that is contrary to some instruction or precedent, and that is recorded by this particular official. A letter is then sent to the senior official on the spot asking for his observations. When he sends them along some official, a little higher up than the first official, will examine them, and will find some other ground for objection. The report goes back again to the official on the spot for further observations from him. That procedure, which has grown up over the years, is enough to tear the heart out of any conscientious official who is trying to do his work down the country. I am sure that Deputy Moylan, and other Deputies who have spoken, must know that to be a hamstringing procedure, and that if we can get rid of it and so help to speed up the doing of work, that then we will have done something useful.

We are passing this Land Bill not for the purpose of having it a plaything for officials but rather for the purpose of abolishing, in so far as we can and in as quick a time as we can, the evil of congestion. If, after our experience of a quarter of a century's administration, we can help to speed up matters, then I think we would be doing a good day's work. I believe that, if you have a competent, capable official, he should have considerable discretion, and that if he has, and is encouraged in the exercise of it, work will be done. But if we are passing a Bill now which will have no other object than to prevent officials doing anything, then we are not going to help in the abolition of congestion. I think that, in the long run, it would be better not to accept the amendment. It may be that some official may be injudicious or that he may be reckless. That is in the ordinary way of human nature. We may run across that type of inspector, but I do not think we shall do so very often. If, however, that sort of official appeared, I think ways and means would be found for dealing with him. There are ways and means of replacing him and putting a competent official into the position to do the job. For that reason, I support the Minister, Deputy Commons and Deputy Collins in resisting this amendment and ask Deputy Moylan, now that he has made every conceivable case that he can possibly make in favour of the amendment, to withdraw it and let us get the Bill passed and get down to the work of dealing with this problem of congestion.

My opinion is that, while rearrangement of those rundale holdings is of the greatest importance, the problem of congestion cannot be solved without securing large tracts of land outside the congested districts to which people from these congested areas will be transferred, thus making more land available in order to strengthen our economy generally and, apart from that, making more land available for the particular idea of better rearrangement. Deputy Moylan has explained, I think, quite clearly that there is no objection on this side of the House to spending whatever amount may be required to secure that proper rearrangement schemes are brought about. Once the Dáil passes the improvement expenditure in the annual Vote for the Land Commission, they have no control over the matter after that.

It is ludicrous to pretend that the Comptroller and Auditor-General, the Committee of Public Accounts, or any other machinery that exists can satisfy the House that such expenditure is carried out in the most advantageous, economical and efficient way. That has to be left to the Administration to decide. All that the officers responsible for checking the expenditure are allowed to satisfy themselves upon is that the money has been expended in accordance with the intentions of the Oireachtas. Once it is so expended, either with or without the sanction of the Department of Finance, according as that may or may not be necessary, in fact these bodies and the Comptroller and Auditor-General have very little power, except perhaps to call attention to the size or the unusual character of some transactions.

We are spending these large sums in the western counties; we have been spending them for many years past. Deputy Commons says that he has not seen any good resulting until these young officers or inspectors came into those areas. I think the officers who were trained—there are very few of them left—under the Congested Districts Board or the inspectors who were trained by these in turn ought to have a better understanding and experience of this problem than young men who have even greater abilities or capacity, but who have not got that experience. I think the House will recognise that it is very unusual, as well as this power of determining the nature of a rearrangement scheme, to delegate to the local officer, whatever his experience may be—whether he is a senior inspector of long experience or the type of man that Deputy Commons speaks of, who comes into an area full of enthusiasm and anxious to work hard and give of his best in the service which he represents—the actual allocation of expenditure without, so far as we know, any control whatever or any limitation upon the discretion of the inspector. I presume that, as in the past, if the Minister is going to regulate these matters, he will have to issue instructions of some kind, he will have to issue some headlines. He may even have to issue definite instructions as to the lines upon which these inspectors are to carry out those duties. What is the objection, therefore, to informing the House, if the Minister is not in a position to accept the amendment, what are the lines upon which he proposes to go and what is the type of control which will be exercised over the inspectors? It has been admitted, even by those who think the amendment is going too far, that they may not be men who have long experience and that they may very well make mistakes.

The Minister emphasised very strongly that these rearrangement schemes were the schemes of the tenant. In reply to objections from this side of the House, he was very emphatic and repeated more than once that the scheme has to be agreed upon by the tenants, that they have to give their consent. It seems to me that, if the inspector is dealing with these tenants of the Land Commission and trying to secure their consent, knowing that he must get their signature to the scheme in order to make it operative or otherwise all his trouble and his many visits to the area will have gone for nought, he may be possibly inclined—it is not outside the bounds of reason—to go further than he should go. If the tenants know that he has complete discretion in this matter as the Minister's representative, that there is no control, no limit to the amount of expenditure he may make in improving the hereditaments of the rundale holders or otherwise spending money to try to improve matters for them, it is surely not going to help the solution of this problem if they feel that all they have to do is to prolong the agitation, refuse their consent, and demand better terms.

When I was in the Land Commission, one of the reasons, I was told, why more progress was not made in this matter of dealing with congested tenants was that under the old Congested Districts Board the rundale tenants knew that they had to deal with the inspector and that he was their friend. They did not always recognise that. But, in the long run, I think due to the efficacy of their work and their knowledge and experience and the bonds that grew up between them and the people, these inspectors were able to persuade the tenants very often to take the necessary jump and put their signatures to these schemes. According to the information given to me by one of these inspectors when leaving the service—I did not ask him for this information; he gave it—when an Irish Government came in they thought that by going to the T.D. over the inspector's head they would do better.

"Now," he said, "after a long period of time during which they have been trying to go to the T.D.s over the inspector's head to try to do better than they thought the inspector was doing for them, they have recognised that the inspector is as good a friend of theirs as anybody else, that he is trying to do his best for them, and I think they are reaching the position that they recognise that the inspector ought to be allowed to do what he considers right and just without having any political pressure."

Undoubtedly, once the Minister comes into all these matters of rearrangement, in spite of the assurance he has given that there will be no change, with the adjustments he has made in the matter of the powers of rearrangement he is going to have, I cannot reconcile his statements with a complete exclusion of the Minister from matters of expenditure.

I firmly believe, as I have already said, that he would be saving himself a great deal of trouble, if, whether he can accept the amendment or not, he would give the House some indication of the lines on which he proposes to work and some more substantial assurance than he seems prepared to give that there will be effective control in this matter, and that local officers will not be subjected to a species of undue pressure in order to make them inclined to accept very unreasonable demands.

I think it might help the passage of the Bill if the Minister were to adopt the course which I now suggest. While I do not subscribe to some of the arguments advanced by Deputy Moylan, I feel that there may be something which needs investigation with regard to what the ultimate administrative difficulties are in relation to the section, and I suggest to the Minister that, without accepting the amendment, he should get his Department's view on it between now and the Report Stage—a course which, I am sure, the Opposition will accept— and if it were found necessary, with a view to making the Bill better, to make any changes, he could make these changes on Report and so cut short this shadow-boxing and elongated type of discussion which is leading us nowhere. Deputy Moylan has said that the £50 is a notional figure, so far as he is concerned, and if the Minister feels that there is any foundation for Deputy Moylan's views, I suggest that he can have the matter examined between now and Report and allow us to get on with the Bill. Whether there is any merit in the case made by Deputy Moylan and his colleagues or not, it may be worthy of a certain amount of reinvestigation, and I suggest that the Minister gives it that examination between now and Report, and we can then have the matter out again on Report.

A little reason coming from the Government Benches is strange and, as a stranger, I give it welcome. If the Minister will examine the matter and bring in his own proposals on Report Stage, I have no doubt he will be able to go a long way towards satisfying me. Again, I say that my motive in putting down this amendment is to make the Bill more workable. Deputy Cowan, a well-known lawyer and a very fine debater on most subjects, seems to be completely astray in regard to this problem. Will the House try to accept this point of view, that we are not dealing with the question of the arrangement of land, but with human nature, acquisitive human nature? It seems to me that most of the people who talk about cutting red tape and speeding up matters have never lived in rural Ireland and know nothing of the problems of rural Ireland or the mentality of the people there. They have been completely ossified in their suburban life.

I want to make a complete distinction in relation to expenditure between the estimate for the work to be done and any deviations from that estimate which will necessarily arise. It is not with the estimate for the cost of the work we are dealing. What we are dealing with are the deviations from that estimate. Wherever expenditure has to be made which needs to be made swiftly, we must give the inspector as wide powers as are necessary for him. Is there anything unreasonable in that? I can see that, instead of speeding up a solution of this problem, it will delay it, because, human nature being as it is, acquisitive, and particularly so when people are in very poor circumstances, we must not bring our judgment to bear on their methods at all but on their needs, and people who are in dire need will struggle to get out of that condition.

If it is known that, in relation to any congested farm which needs rearrangement, the inspector has unlimited power to spend money, that there is no statutory check on his expenditure, pressure will constantly be brought to bear on him by people whose needs are greater than their—I will not use the word "honesty" as it is a word I do not like in this context. We must take their needs more into consideration than their methods and their method will be to try to bring all the pressure they can to bear on the inspector. They know the inspector wants to solve the problem and they can put so many kinks in the procedure that they can hold him up to ransom time and again. They will do it and I do not blame them; but if it were made manifest to them that the inspector had at his disposal for his free expenditure only a certain amount, an amount with a limit on it, it would tend towards speed rather than delay. I am not confined to £50—I really do not want to curb the inspector in any fashion which might delay the work he has to do. Give him sufficient but put a limit on it. Again, I want to emphasise that I am not discussing the general estimate of expenditure in relation to any rearrangement scheme, but the deviations from that estimate which will cause the trouble.

I would, perhaps, agree with Deputy Moylan if we could have a situation in which a rearrangement scheme in Mayo or Galway was held up because of the main estimate for the work being too little by £300 or £400, and the local inspector could then apply to the inspector for the area who would get in touch, by phone or by post, with the commissioners and secure a guarantee that the extra money would be sent down within a week or a fortnight. If we could get that agreement, I have no doubt that, if such a scheme were presented to the commissioners, they would not stop good work because of a few hundred pounds. But did we ever get that? We never got it since the days of the old Congested Districts Board.

Three-quarters of a million pounds were spent in one particular year and maybe in many years. The expenditure was never less than £250,000 any year. If it is known amongst these people that inspectors have at their discretion the expenditure of improvement money without control, whether it is £250,000 or £1,000,000, it will slow up all progress. Deputies living in congested areas, and knowing the mentality of these people and knowing their needs, can very well visualise the methods they will utilise to cure their condition.

Let me tell the Deputy as against that——

The Minister is most disorderly. Deputy Commons is in possession.

I cannot have three Deputies speaking at the same time. Is Deputy Commons giving way to the Minister?

I am speaking, and——

I merely wanted to warn the Deputy that the Minister had control of £750,000. Deputy Moylan says he had not.

When a crowd of workmen under the supervision of a local ganger, and he in turn under the supervision of the Land Commission inspector, are in an area doing good work to bring about a resettlement of a land problem, I want to make sure that before the workmen and the ganger leave the area the amount of work to be done will be done. We know it has happened time and again that a divisional inspector gets in a "tear" with the Department. We know what the Land Commission officials are and, in fairness to them, it would be impossible for the officials of the Land Commission to deal with 200 or 300 similar applications with similar amounts that would come in within the same week. I dare say the porter carrying the files around would take something like two or three days to locate the exact office in the Department to go to with them, let alone putting the signature to them—a signature for something that could very well be done on the spot, or at least in the locality, the division or the county in which the work was being carried out.

I agree with Deputy Moylan that it is the nature and the habits of the people you have to understand more than anything else, and that on many occasions one inspector in an area can bring about a much better resettlement scheme with a much lesser amount of money than another because he understands the people; but how much more successful would he be if he could finish the work on the spot, rather than have to wait over and maybe see the whole thing broken up because there were a few hundred pounds short.

In fairness to Deputy Moylan, he should understand the Land Commission and if any Minister spends long in the Land Commission he gets affected by the type of procedure that is used over there. That is what is beginning to worry me, and I am very anxious to keep on the heels of the present Minister in case the rot should set in with him as it has with others. There were several Ministers for Lands on the Fianna Fáil side. There was one ex-Minister in particular, a Deputy from my own county, Deputy Ruttledge. What did he tell us here on the Second Reading of the Bill? He said it is not Land Bills or Land Acts we want in this House any more, it is a reorganisation of the Land Commission.

This section deals with improvement and rearrangement.

This is part of an attempt at reorganisation. It is not making the fog a whole lot clearer, but it is worth a trial. Deputy Moylan and every other Deputy, no matter on what else we may disagree, will agree that land congestion problems should be settled. This should get a trial to see where it will lead. It may not do great things, but it may do something.

Will the Minister not tell us something about it?

How many more times does the Deputy want me to do that?

Question put: "That the proposed new paragraph be inserted."
The Committee divided: Tá, 36; Níl, 64.

  • Aiken, Frank.
  • Allen, Denis.
  • Bartley, Gerald.
  • Beegan, Patrick.
  • Boland, Gerald.
  • Bourke, Dan.
  • Brennan, Thomas.
  • Briscoe, Robert.
  • Burke, Patrick.
  • Butler, Bernard.
  • Corry, Martin J.
  • Crowley, Honor Mary.
  • Derrig, Thomas.
  • De Valera, Eamon.
  • De Valera, Vivion.
  • Flynn, Stephen.
  • Gilbride, Eugene.
  • Gorry, Patrick J.
  • Harris, Thomas.
  • Hilliard, Michael.
  • Kennedy, Michael J.
  • Kilroy, James.
  • Kissane, Eamon.
  • Kitt, Michael F.
  • Lemass, Seán F.
  • Lydon, Michael F.
  • Lynch, John.
  • Moylan, Seán.
  • O'Grady, Seán.
  • O'Reilly, Matthew.
  • Ormonde, John.
  • O'Rourke, Daniel.
  • Rice, Bridget M.
  • Sheridan, Michael.
  • Traynor, Oscar.
  • Walsh, Richard.

Níl

  • Beirne, John.
  • Belton, John.
  • Blowick, Joseph.
  • Browne, Noel C.
  • Browne, Patrick.
  • Byrne, Alfred.
  • Byrne, Alfred Patrick.
  • Coburn, James.
  • Cogan, Patrick.
  • Collins, Seán.
  • Commons, Bernard.
  • Connolly, Roderick J.
  • Corish, Brendan.
  • Cosgrave, Liam.
  • Costello, John A.
  • Cowan, Peadar.
  • Crotty, Patrick J.
  • Davin, William.
  • Desmond, Daniel.
  • Dillon, James M.
  • Dockrell, Maurice E.
  • Donnellan, Michael.
  • Doyle, Peadar S.
  • Dunne, Seán.
  • Esmonde, Sir John L.
  • Fagan, Charles.
  • Finucane, Patrick.
  • Fitzpatrick, Michael.
  • Flanagan, Oliver J.
  • Flynn, John.
  • Giles, Patrick.
  • Halliden, Patrick J.
  • Hickey, James.
  • Hughes, Joseph.
  • Keyes, Michael.
  • Kyne, Thomas A.
  • Larkin, James.
  • Lehane, Con.
  • McAuliffe, Patrick.
  • MacEoin, Seán.
  • McGilligan, Patrick.
  • McMenamin, Daniel.
  • McQuillan, John.
  • Mongan, Joseph W.
  • Morrissey, Daniel.
  • Mulcahy, Richard.
  • Norton, William.
  • O'Donnell, Patrick.
  • O'Gorman, Patrick J.
  • O'Higgins, Michael J.
  • O'Higgins, Thomas F.
  • O'Higgins, Thomas F. (Jun.).
  • O'Leary, John.
  • O'Reilly, Patrick.
  • Palmer, Patrick W.
  • Reidy, James.
  • Reynolds, Mary.
  • Rooney, Eamonn.
  • Sheehan, Michael.
  • Sheldon, William A.W.
  • Spring, Daniel.
  • Sweetman, Gerard.
  • Timoney, John J.
  • Tully, John.
Tellers:—Tá: Deputies Kissane and Kennedy; Níl: Deputies Doyle and Kyne.
Amendment, by leave, withdrawn.
Amendment negatived.

I move amendment No. 18:—

In sub-section (1), after paragraph (n), to add a new paragraph as follows:—

(o) the determination of all applications for sub-division or sub-letting.

Rearrangement is the chief headache of the Land Commission. The consolidation into economic holdings of a number of unrelated plots and sub-division, to my mind, tend to recreate a problem for which a solution has been found at great expense and great trouble. The sub-division of farms, to the national detriment, is, to my mind, a very evil thing and a very urgent thing and should not be permitted without very grave consideration of all the surrounding facts. Sub-division for the applicant is always desirable, always urgent. He has always very good reasons to advance as to why the Land Commission should agree to his proposals.

I think the Minister would be well advised to make this an excepted matter so that, if it merely is dealt with by his Department in the ordinary way or from his own office, he will, as a result of transferring it to the Land Commissioners, be relieved from the always urgent pressure that is brought to bear in matters of this sort.

I have a particular reason for desiring that there should be clarity in regard to this particular matter. There have been statements made here that unjustifiable sub-division was put through in the Department of Lands as a result of ministerial submission to political influence. That statement has been made here time and again. I am not accusing the Minister. I have been accused, as a matter of fact, and other Ministers have been accused, of agreeing to sub-division of certain holdings as a result of political pressure. Certain sub-divisions that went through the Land Commission are wholly undesirable. It is to prevent happenings of that sort again that I would like that the commissioners should have complete control. There are several cases in which sub-division was agreed to during recent years which, to my mind, should never have been agreed to. They did not come to the Minister's office. They did not require ministerial sanction.

And if they had, perhaps, they would not be granted?

If they had, they would not have been granted by me.

Very good, and the same thing applies to me. They would not be granted by me, either.

I want to know, if the Minister does not accept this amendment—I hope he does—what the procedure is so that, when Deputies come into this House and make protests against a particular case that they regard as undesirable, we shall have full information as to how that sub-division was made. I have never been able to find out who was responsible for these particular sub-divisions against which my own face was set. It would be far better for the Minister and for the Department if the question of sub-division was made more difficult even though it would cause inconvenience to a number of people because the whole question of agreement to sub-division is in complete conflict with rearrangement. You are trying to create economic holdings on the one hand and you are permitting uneconomic holdings to be created on the other. I think that if that were made an excepted matter it would be wholly desirable and a really good method of dealing with this particular problem.

Would the Deputy be agreeable that things like the sub-letting of part of a holding for a specific purpose or giving a rood or two for the building of a house should be capable of being dealt with by the Administration as distinct from the lay commissioners?

I would have no objection to providing enough ground for a house to be built on, but the sub-division of small farms is recreating the system of rundale that all this debate is about.

I want to say straight to the Minister that I feel that the case made by Deputy Moylan, who is leading for the Opposition on this Bill, was made on a two-fold basis, interest in the improvement of the land code and an attempt to be helpful to the Minister. I feel that the Minister may have a problem that he wants to deal with rapidly on an administrative basis, a problem such as I have envisaged in the question I put to Deputy Moylan. I do feel—and I am saying this quite openly in this House—that unless we can come to an understanding and try to improve the Bill in a genuine way, we will not get this Bill through in anything like a reasonable length of time. I would suggest to the Minister that he should outline to the House in a specific way the type of problem which he feels should not be an excepted matter and the reasons why. When the House had heard all that, I think it would be a question of compromise or reconsideration on the part of the Department to frame a section which would not curtail these powers regarding the sub-letting of part of a small farm near a village for the building of a house. We would then have an Act with specific exceptions in the interests of all concerned with which the Administration should deal leaving other problems in the hands of the lay commissioners with residual powers left to the Minister to prevent this nauseating system continuing whereby unwarrantable sub-division allows the creation of rural slums and uneconomic farms.

I do not know why Deputy Moylan hit on sub-letting. I presume he is referring to the sub-letting of land——

I have not talked of sub-letting.

It is in the amendment.

I think the Deputy refers to the user of land in the occupation of the Land Commission pending allotment. Is that right?

No, I am concerned completely with sub-division.

I take it that the Deputy is not too particular about sub-letting. That is more or less automatic and is done by an auctioneer in most cases, except in very congested areas——

Is the Minister referring to conacre letting? This is sub-letting which can only be done by the tenant. Conacre is completely different.

The question of sub-division opens a particularly big field. While I am quite well aware that sub-divisions were granted by the commissioners in the past, which I would not have granted and which, I am sure, Deputy Moylan would not have granted, it has never been defined up to this. Sub-division was never an excepted matter.

No, I do not think it was.

It became the function of the commissioners because the Minister had not the power of performance.

They are doing it.

The principal thing I am interested in with regard to sub-division is that I do not want to see sub-division recreating uneconomic holdings or what Deputy Collins described as rural slums. Also, I think that sub-division will enter very largely into the forestry programme. I do not think it is wise to give the commissioners power of veto, because if they were so minded I am afraid that they could destroy the whole forestry programme, because they could refuse sub-division, and most of the land which the Forestry Department will be asking for is commonage or poor land attached to a holding requiring sub-division. If Deputy Moylan will accept it, I will have the whole case reexamined between now and Report Stage to see whether we can arrive at a solution and eliminate the danger of recreating congestion on the one hand and safeguard the forestry programme on the other.

There is a problem which most solicitors have found from time to time where application is made for building sites which, if it were granted, would not materially reduce the size of the farm or make it uneconomic. Nine out of ten applications, apart from forestry, are for building. The question of giving half an English rood, a statute acre or sometimes a couple of acres for use as a building site should be left in the hands of the local inspector. He should be allowed to say "Yes, that is all right." I will have the whole thing examined between now and the Report Stage to see whether anything can be done along the lines I have suggested.

By some inadvertence, I did not include in the amendment everything I desired to have in it. If the Minister in examining the question in order to deal with sub-division—and I have no desire to curb the Forestry Department in getting their 25,000 acres per annum. I would love to see them doing it——

It will be done, do not worry.

Let us hope it will be done.

——would the Minister examine the question of men who got allotments of land and who for one reason or another were given permission to sell? This proposal is quite allied to the amendment. I am not at all satisfied that the method whereby permission is secured by those who get holdings from the Land Commission and are subsequently permitted to sell these in the open market is controlled as effectively as it ought to be controlled. I have in mind a number of cases. Have I permission to pursue this matter? I think it is related to the amendment.

I am afraid it is a very distant relation.

Perhaps it is a distant relation, but I am thankful to the Chair because this is a very important matter and I omitted it through inadvertence. A good deal of trouble has been caused by the giving of allotments to men who were subsequently permitted to sell those allotments within a few years. In effect, those men were given the equivalent of a £1,000 gift from the public purse and I think that is indefensible. If there is acceptance in the future of a right to sell, I think that should be examined to the nth degree. I think the Minister would be wise in making it an excepted matter in the hands of the Land Commission. If he is prepared to do that, I shall be more than grateful to him.

May I make just one remark in reply to that? I am afraid that making it an excepted matter will not achieve the end Deputy Moylan and I would like to achieve. We shall have to twist our brains a little bit more in an effort to find some other method of making it watertight. It was as good as an excepted matter in the past by virtue of the fact that the Minister could not agree to sub-division and, because of the Minister's lack of power, it became a matter for the commissioners. In practical effect, that made it an excepted matter. It must be admitted that things with which we did not agree and which were in direct conflict with governmental policy did happen.

And the Minister and his Party shouldered the blame.

What Minister?

Whatever Minister happened to be there.

The Minister knows the point he has to consider.

May I say this——

Yes. May I suggest that the difficulties can be solved? The Minister has suggested that it may require more mental effort to reach a solution, but something readily presents itself to my mind, and perhaps Deputy Moylan would consider my suggestion in the non-contentious atmosphere we now have. A possible way of circumventing the difficulty would be to specify a certain period during which an allottee will not be permitted to resell his farm.

That was done successfully in England where, in order to combat the black-market, the buyer of a new car is now prohibited from selling it during a certain statutory period.

The Chair now sees how foolish it was in allowing Deputy Moylan to travel so far.

With regard to the amendment in particular, we all realise that there is a problem. Perhaps the Minister, Deputy Moylan and I might be able to direct our minds to finding an effective solution to it between this and the Report Stage.

There is one aspect which has not been adverted to by any speaker. Sub-division can do the greatest damage in those areas where we are most anxious to relieve congestion. There is a type of person coming in here and buying sites in remote rural areas for the purpose of constructing residences on them. An application for sub-division where the area involved is only a couple of acres is almost invariably refused. What happens then is that the individual who wants to buy the site finances the redemption of the entire annuity.

In certain cases.

The land then becomes fee simple and the division goes through. That problem is not dealt with in this particular Bill. I believe it is one that requires attention. I do not suggest that this practice occurs to any appreciable extent, but I do know that it has happened.

What is happening to amendment No. 18? Is the amendment withdrawn?

As the Minister is so compliant and you have been so good, I wonder could we change the amendment slightly. Would the Minister consider: "The determination of all applications for sub-division and permission for sale"? Permission for sale is much more important than sub-letting. It is really the kernel of the whole matter.

Would that mean the commissioners would have the determination in all cases?

Not necessarily.

Nobody can interfere where the land is vested because it is the owner's property. In the case of unvested land, it is the property of the Land Commissioners and they are naturally interested in the new tenant coming in.

But if a person wished to sell an unvested holding and if he has to apply to the Land Commission for permission to sell, is it the commissioners who make the decision?

Then there is no need for this amendment at all.

The land is the commissioners' property and it automatically becomes an excepted matter. I suggest that we leave this now and put our heads together between this and the Report Stage in an effort to devise an amendment to meet the situation.

Is amendment No. 19 governed by the decision on amendment No. 13?

No. That is a different matter altogether.

It is the deletion of a definition. I will have to have the definition.

But not this one.

Definition of what?

Rearrangement.

I move amendment No. 19:—

In sub-section (1), page 5, to delete lines 24 to 28, inclusive.

I move this amendment in the hope that even now the Minister will see the wisdom of maintaining in the hands of the Land Commission the determination of the selection of allottees and the price to be paid for land.

That was decided in amendments Nos. 12 and 13. It cannot arise now.

I would ask the Deputy to leave me the definition, so long as 12 and 13 have gone overboard. The definition has to remain, otherwise the two previous ones have no sense.

What is the meaning of "whether with or without the distribution of other lands".

I think we went very fully into that before.

Does it not arise under amendment No. 21?

If what has been debated already controls that matter, why have we got it in the Bill? Surely every point in the Bill may be argued and discussed?

Amendments Nos. 18, 19 and 12 were governed by decisions on amendments Nos. 2 and 13.

May I submit that it is not? Sub-paragraphs (d) and (e) set out the excepted matters—the determination (other than any determination arising in or being part of a rearrangement scheme) of the persons to be selected as allottees of any land. Then, in the next sub-paragraph we read—

"...of the price at which land is to be sold".

When a scheme is decided by the Minister to be a rearrangement scheme, the words which Deputy Moylan proposes to delete from the definition of rearrangement scheme give the Minister very much more power than to rearrange the land in the rundale.

That is a resumption of all the arguments we had before.

The Dáil decided that the Minister was to have the power over rearrangement schemes.

All we could oppose was the giving to the Minister of that power under sub-paragraphs (d) and (e). This gives the Dáil an opportunity to declare that the Minister will not have power over other lands which these words will give him power over.

All that can be discussed on amendment No. 21. The Deputy can raise the matter in which he is interested at the moment on that amendment, as far as I can see.

Amendment No. 21 covers it completely.

It seeks to delete practically everything.

It will come on amendment No. 21.

Amendment No. 19, by leave, withdrawn.

I move amendment No. 20:—

In sub-section (1), page 5, line 25, to delete "framed or".

It involves the deletion of two words.

That would be an awful loss.

What is the reason for deleting these words?

It comes under another amendment. The officer who will frame a rearrangement scheme will not have the approving of it. That will be a matter, in most cases, for a much higher officer. It seems that the draftsmen have come to the conclusion that the word "framed" in that particular instance is not a correct term to use.

It has a particular connotation across the Atlantic also.

It will not be correct to interpret it that the scheme will be framed by the Minister and approved by an officer?

Amendment agreed to.

I move amendment No. 21:—

In sub-section (1), page 5, to delete all the words after the word "plots" in line 27 to the end of the sub-section.

I move this amendment as a last and final appeal and in the hope that the Minister may see reason and may see the wisdom of maintaining in the hands of the Land Commission the determination of the selection of allottees and the price at which land is to be sold to them. While he has argued that he is dealing merely with rearrangement schemes, all these schemes involve the dealing with quite a good deal of land other than the particular rundale farm. In the manner in which the section is framed it gives the Minister, as far as I can see, complete power over all land. One of the things the Minister said was that none of these schemes is really framed by the Minister or by the Land Commission; the framers are the allottees— and, I suppose, they are pretty good at it—but this, it seems to me, is hardly sustainable. No matter how good a framer you are in framing schemes inside a rundale farm, you must have framed a good deal of land outside of it whereby you will, by some method of framing or other, get out one of the migrants or allottees to make room for the others. Therefore, if the Minister were merely dealing with rundale farms as such and with no outside land, there might be some reason in it.

Rearrangement is one of the most difficult problems handled by the Land Commission. All of us know that now, having had this discussion. It is encumbered with private jealousies and local intolerance and suspicion. Deputy Cowan, or the suburban satellites here in the Dáil, have no conception as to what the conditions are in congested areas. They know nothing of rural Ireland. It is quite clear from the eloquence of Deputy Cowan—his beautiful method of solving all the problems of the Land Commission with a wave of the hand—that he has not any conception of the mentality of the people with whom the Minister is dealing. Of course, because the Minister's mentality is so allied to that of the people with whom he is dealing, he is so close to the trees that he cannot see the wood. We who stand slightly outside, and with a judicial outlook, realise that there is a good deal of unwisdom in this "with" or "without"—particularly the "without". The whole purpose of this is to try to retain the merits of (b) (1) of Section 10—the determination of the actual lands to be acquired or resumed—as an excepted matter and that the Minister or any of his officials shall not create a position whereby that particular part of (1) of Section 10 is to be destroyed. That really is the point at issue. I think the Minister is most unwise. I think it is a bad thing that he should do it.

I move to report progress.

Progress reported; Committee to sit again later.
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