I move that the Bill be now read a Second Time.
This short Bill deals with one matter only, namely, the retiring age of lay commissioners of the Land Commission.
As Deputies probably know, the Land Commission consists of a Judicial Commissioner, who is a judge of the High Court, and four lay commissioners. Until the passing of the Land Act, 1950, lay commissioners had lifetenure. By Section 15 of the 1950 Act, it was enacted that lay commissioners subsequently appointed would cease to hold office at the age of 65 years. By Section 16 of the 1950 Act, the retiring age of the lay commissioners who were then serving and who enjoyed life-tenure was fixed at the age of 72. Two lay commissioners have been appointed since the 1950 Act was passed. Neither of them has yet retired.
Section 1 of the present Bill proposes to amend Section 15 of the Land Act, 1950, by permitting lay commissioners appointed after the passing of the 1950 Act to continue in office until they reach the age of 67 years, that is, for an additional period of two years beyond the age-limit of 65 prescribed by the 1950 Act.
Under the Land Acts, the lay commissioners are charged with important functions affecting the ownership, user, acquisition and resumption of agricultural land throughout the State. Over a wide range of matters within the field of land tenure, the jurisdiction of lay commissioners is independent and final, subject only to the right of appeal to the Appeal Tribunal and the Supreme Court, mainly on questions of law and price. The office of lay commissioner is thus a very important one. It is analogous in some respects to the judicial office and calls for similar qualities—in particular, ripe experience and sound judgment.
When the 1950 Act was being debated, different views were expressed on the wisdom of imposing a rigid age-limit of 65 years on future lay commissioners. As a possible alternative some Deputies suggested that lay commissioners should continue in office until the age of 70. It was suggested by other Deputies that future lay commissioners ought to be permitted to continue in office from year to year, between the ages of 65 and 70, subject to the Minister being satisfied on the question of their fitness and suitability.
I feel certain that a system of annual extensions from the age of 65 onwards, would prove inadvisable and unsatisfactory, as it would tend to undermine the independence of the lay commissioners, which, on account of its fundamental importance, the statutes have gone to great pains to establish. On the other hand, there was clear need in 1950 to get away from the unsatisfactory position of life-tenure which had prevailed up to then.
It seemed appropriate in 1950 to apply the normal Civil Service retiring age of 65 to lay commissioners, but in the light of further experience, it is now considered that the best solution would be a midway point between the ages of 65 and 70 years. Hence the proposed new age-limit of 67 set out in Section 1 of the Bill.
The remaining section of the Bill contains the usual legal provisions to be found in every Land Act.
I feel that this short Bill should give general satisfaction and I commend it to the House and as the enactment of this Bill is a matter of urgency I would ask the House to be good enough to give me all stages of the Bill to-day.