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Dáil Éireann debate -
Thursday, 22 Nov 1951

Vol. 127 No. 7

Ceisteanna—Questions. Oral Answers. - Listowel Tolls.

asked the Minister for Lands whether his attention has been drawn to a letter which appeared in recent newspaper issues with regard to the tolls payable to Lord Listowel on fairs and markets in the town of Listowel; and, if so, whether he will say (a) if Lord Listowel has paid to the Irish Government the rent of 3/4 for each fair and 6/8 for each market which was formerly payable to the British Crown; (b) if the collection of such rents is now carried out by the Attorney-General; (c) if Lord Listowel has not paid these rents whether it has been decided that he has lost his patent rights to the tolls, fairs and markets in Listowel, and (d) what steps he proposes to take to prevent the collection of tolls on the public streets.

asked the Minister for Lands if the question has been investigated as to whether (a) the agent for the Listowel estate has the right to collect tolls taken up at fairs and markets in the town of Listowel; and, if so, whether he has authority to sell these rights; (b) the duties formerly payable to the British Crown on these tolls have been paid to the Irish Government; and, if so, how much is paid annually, and (c) the right to collect tolls has lapsed if these duties have not been paid; and, if so, whether it is proposed to take any action in the matter.

With the permission of the Ceann Comhairle, I propose to take together Questions Nos. 48 and 49.

It appears from records in my Department that the exclusive right to hold fairs and markets at Listowel, County Kerry, was granted in the 17th century by two patents. The right was upheld in the courts early this century in favour of the Earl of Listowel in proceedings initiated by him against the Listowel District Council. I am advised that the right can be sold or leased and that no rent has been collected over a long period of years in respect of it. No rent is now collectable. It would appear to be a matter for the courts to decide whether the right continues to be enforceable.

Apart from the fact that certain records are in my Department neither the Minister for Lands nor the Land Commission has any administrative or statutory function in this matter.

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