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Dáil Éireann debate -
Thursday, 2 Jun 1955

Vol. 151 No. 5

Committee on Finance. - Vote 47—Lands (Resumed).

Speaking here before Question Time, I mentioned the undue length of time that has been taken in completing acquisition proceedings in numerous cases. I also mentioned that the expedition of acquisition proceedings was not of so much importance unless allocation was carried on in a much more expeditious manner than it has been done for a number of years. I mentioned a number of cases where estates had been taken for five or seven years. In some instances schemes were prepared and houses built. In one instance holdings were pointed out away back in 1948 to three migrants; since then the houses were built but not until last November was one of the three houses occupied; two houses still remain to be occupied and a considerable amount of the same estate yet remains to be dealt with. I mentioned another estate which was taken over in 1949 and which was let in conacre—by way of tillage, hay and grazing—for the past five or six years and there does not seem to be any sign of the Land Commission proceeding to deal with that estate either.

I mentioned some cases in my own area. It is not an area now where the question of land acquisition and division is so acute, because of all that was done in previous years. Nevertheless, when you find cases such as I have mentioned, it is difficult to understand why the Land Commission are so slow. I put a question to the Minister some weeks ago about one estate and he told me the delay was due to the more important work the Land Commission had to do. He did not mention even an approximate date when they might undertake the preparation of a scheme for the division of that estate. That is all very disappointing and very unsatisfactory. If it is lack of staff that is causing that delay and if the Minister comes here for permission to recruit the staff necessary, I am sure that those on this side of the House will gladly give it to him.

There are other instances I cannot understand. For example, there is one case where the Land Commission notified the owner of intention to acquire or resume the holding. At the time the notice was served, the holding was untenanted. Since then the owner has taken up occupation there. The area of land would be in the neighbourhood of 350 acres. According to a reply I got here from the Minister almost 12 months ago, the Land Commission now require only 21 acres. I cannot understand a decision of that kind. If they require only 21 acres out of 350, it must be for a few special people. I believe there would be a number of people within a mile limit of that estate who would required enlargements to their holdings. This matter will also create considerable dissatisfaction in the neighbourhood, if the Land Commission proceed to take 21 acres out of a holding of 350 acres. An action of that kind does not make sense to me.

The Land Commission would be well advised to shorten the period of acquisition. I know that the individual owners have their rights, that they have the court to go to in regard to various aspects of the case. They can object to acquisition or they can object on price. I cannot understand, however, why it should take three, five, seven or even ten years to come to a final decision. No one can understand that and it would be very difficult to explain it away. It is unfair to those who are living in the hope that they will get land there. It is unfair also to the owner himself because, while that threat is over his head, that nearly all his land or a considerable portion of it may be taken, he will not have the interest he otherwise would have in cultivating and improving that land.

Land division has been going on for about 52 years. We should have come to the time now when the Land Commission would be in a position to make a statement giving the approximate area still available for acquisition. It should be possible for them also—and I am sure they would have the figures available—to tell us the number of congests. For instance, they could take those under £15 level or under £10 level. If we could have that statement from the Minister, we would know what the available land could do to relieve the number of congests that there are. If we have only 500,000 acres— and I expect that would be as much as we would have at the moment—and if you give a 33 acres holding to a migrant, you would give new holdings to about 10,000, I except. If you were to give an average of 10 acres extension to existing holdings of others, I suppose you would relieve 17,000. That would be 27,000 in all. I believe that the number of landholders under £15 valuation is much greater than 27,000. Consequently, land division alone will not solve the congestion problem. It will undoubtedly relieve congestion, but it certainly is not and cannot be a final solution for it.

I put a question to the Minister, I think it was on the 27th April, regarding the Shannon valley flooded areas. I asked him when he intended to implement the scheme that he gave us to understand the Land Commission were preparing or had prepared and if he would state whether those who have got farms in previous years but who because of the inadequacy of the grants given for the erection of houses, were unable to proceed. He told me in Banagher the evening that the conference was there that that difficulty was being overcome. I put the question to know if that difficulty had been overcome as in the case of future allottees, if it would be retrospective to those who were given similar holdings but who could not erect their houses, say, from 1946 or 1947 onwards. He told me that the scheme would be implemented but that it would have to await the report of the American expert who was coming over to give advice on the Shannon flooding.

Deputy McQuillan put a supplementary question in this connection asking if that report would be available inside 12 months. The Minister replied that he could not say and then Deputy McQuillan put another supplementary question asking if that meant that the implementation of the scheme would be held up until that report was furnished. The Minister replied that it did not necessarily mean that but that it was only prudence to await the report.

I considered that reply very vague. I did not like to challenge the Minister on that occasion and I avail of this opportunity to refer to the matter. If nothing is to be done for those people for 12 months, or maybe it will be five years, then there was very little use in making promises to them both on the evening of the conference in Banagher and previous to it during that period of time.

A number of the people in the flooded areas of the Shannon in my constituency were relieved away back in 1946 and 1947 and even previous to that. They were taken out to an estate at a place called Moystown, in County Offaly. Houses were erected there I presume by way of giving people a grant or an advance but there were some others who were given holdings or extensions a distance away from their existing holdings at a later stage and the cost of building having increased very considerably, some of them were not able to erect their houses. We had a few cases where the Land Commission had already notified them of their intention to take back the land from them. That would be a very serious situation as far as they were concerned because some of their families are large and the health circumstances of some of them were anything but good.

I hope the Minister will take this question up with the Department and see that in respect of those who were unable to erect houses with the grants that were allocated previously, the grants would be considerably increased or that otherwise the Land Commission would have the houses built as they have done for migrants by direct labour or on the contract system. If not, all the promises are so much hot air.

In regard to the improvement of estates, a great deal of very desirable work was carried out but in many instances the inspectors who laid out the work did not take certain things into consideration. They did not take into consideration the fact that the erection of fences and the making of roads obstructed the natural flow of water to the out-fall and that is what happened in a great many instances. It is not the responsibility of the present Minister or even his predecessors. This happened many years ago and it has been happening all the years along.

As I say fences were erected and roads were laid with the result that that natural out-fall has been obstructed and a great deal of that land is now water-sodden. It is impossible to drain that land unless some steps are taken to enable whatever authority would be dealing with drainage, whether it be under the Land Commission scheme or otherwise, to undertake the work. If the people concerned were to carry out the work they would be regarded as trespassers and I presume they would not be permitted to make any drains along the natural out-fall to take away that water.

We have had a number of statements here, one from a Deputy in the Midlands, who strongly resented the migration of congests from the West to the Midlands. He held that a considerable number of larger-sized holdings should be left or that otherwise our live-stock industry would fall off and we would not be in a position to produce the proper type of live stock for the foreign market. What is the extent of the largest type of holding that should be left? Is it desirable to leave an almost unlimited number of acres, up to 1,000 and 2,000 acres, to people who will use it almost entirely for grazing? That, in my opinion, is a very wrong policy. The migrants who have come from the West to the Midlands, have, in the main, used their land very well. They have made a success of it and I would like to see that policy of migration continued, taking cognisance, of course, of the local congests, and seeing that they get fair treatment in the first instance, which would make for better relations between the migrants and the local people.

Some years ago, I think it was in 1946, a Bill was introduced in this House which was very sharply criticised by the then Opposition, and that was a Land Bill which enabled the Land Commission to take possession of holdings which were not being properly used.

I do not know whether that Act has been invoked in many instances. I believe it has been invoked in a few, in order to dispossess those people. In my part of the country it has been invoked in one particular case and I regard it as most unfair. If it had been worked out generally and applied to all without discrimination nobody could find fault with it, but in this particular case the person whom I have in mind should have been dealt with in a more gentle manner and he should not have been the first to be aimed at.

This was a case where the man's uncle was employed by the landlord. He got the holding of land in lieu of his livelihood. Now the nephew, who would, I am sure, have continued in that employment after his uncle's death, got the holding from his uncle but because it was not a vested holding the uncle did not have the right to bequeath it to him. However, he has been in possession and has been served with a number of notices for possession. The last notice he got was a writ to appear, if he so desired, in the Circuit Court in Galway some weeks ago. I cannot understand why that man should not have been given the right to sell that holding, provided that out of the money he got for it from the sale of the holding he would pay back to the Land Commission the amount of money advanced for carrying out improvements.

The uncle, yes, but certainly not the nephew.

It would be a different matter if the actual herd who got the displaced employee's holding passed it on to his son but the nephew had other parents to look to.

In this case the holding did pass by bequest to the nephew but maybe it was not so great an asset to the nephew because it is easy to get a holding with a legacy of debt on top of it and that is what appears to have happened here. But if this land had not been acquired by the Land Commission the nephew would have carried out the same work as he did for his uncle in the uncle's declining years and would have continued in employment for the owner of the land. But why single him out when I can give other instances and specific cases of where the Land Commission did give to employees the right to sell holdings even though they were not vested.

Was this nephew living there and working it after the uncle's death?

Yes, and he is still there. Of course I cannot claim that he was using the holding well but he was using it just as well as are some people who occupy vested holdings.

That is no guide. A lot of them are not working them as we would like.

And nothing is being done about it. I am comparing this case with those of others who were given the right to sell their holdings and these people, mind you, got them as landless men, and those landless men who got presents from the State are now deemed not to be on a par with the man who inherited from his uncle who got it as an employee. I am sure my opposite number beside the Minister knows all about this case and that probably he has made representations about it. I would like to suggest that if the Land Commission could see its way they would leave this man the holding in the hope that he will improve, or that they would give him permission to sell on condition that out of the money he gets for it the Land Commission would be recouped for any advance they had made in respect of improvements.

Another matter I wish to mention is the question of bogs. Bogs were provided by the Land Commission, and certain improvements were carried out, but it takes a great deal of money properly to improve the bogs by the provision of proper roads and drainage. In my opinion these improvements should be carried out on all bogs. Bogs were marked out and allocated for people who were given land 40 years ago. These people are now vested on their holdings and are not the responsibility of the Land Commission any longer but the bogs are of no use to them and they have to go to other bogs and, in competition with their neighbours, pay high prices for their domestic supplies of fuel. I think that when the Land Commission take over a bog and when they are allocating it they should hand it over in a good condition, if not the bog will become derelict. I know also of a number of cases, and this applies even to migrants in County Galway, where people were given exchange holdings. With their old holdings they had good bogs and were promised similar facilities with the new holdings, and even though they are from 15 to 16 years in possession of these holdings the bog, which is no great distance from them, has not yet been divided or distributed. These are all matters that the Land Commission should remedy.

I want to refer again to the acquisition of land. One of the things that I marvelled at mostly in this respect was a section which the Minister in 1950 incorporated in the Land Bill which went through this House. That was the section whereby he provided that market value must in future be paid to the owner of the land.

What was wrong about that?

We put the question to him at that time of what he meant by market value, and if market value meant market price, and I have a very distinct recollection of his reply. He said that market value and market price were in no way related to each other. I never could understand that reasoning or see what logic there was in it. If the Land Commission were permitted to carry on as they had been doing, then the people whose lands they took over would not have the same foundation for litigation or for going into the courts. I have noted cases where the prices offered by the Land Commission in the first instance were more than doubled by the price-fixing tribunal. I have known such cases to happen within the last five years and the result of it all is that when the price is fixed the Land Commission have said that it would be most uneconomic for them to take over the land and they would withdraw from the proceedings. The Land Commission cannot again reopen proceedings for seven years.

That is correct. But that provision was not contained in the 1950 Act; that was in the 1927 Act.

But the 1950 Act had the very definite provision that the market value must be paid to the owner.

The power which the Land Commission has to withdraw if they think the price is too high goes back to a time before either of us was here.

And no Minister for Lands sought to repeal or amend it. I believe some of the prices fixed by the price-fixing tribunal would not be obtained even at a public auction unless it was sold out in small lots. In my opinion, there is hardly any individual in the country who would pay £11,000 or £12,000 for a holding of land which I believe could be got to-day for £8,000.

That, I suggest, is going to have a very adverse effect as far as the acquisition and the division of land is concerned. There are many ways of killing the cat and of retarding the activities of the Land Commission as far as the acquisition and division of land is concerned. One is by putting a wholly inflated value on the land, and then of having the Land Commission withdraw proceedings and of leaving it there for the next seven years. That sort of procedure is not going to expedite land division. I think it would be much better if the position had been left the way it was, because I believe that the Land Commission, as it then existed, was a fair body and would not try to wrong anybody. But on the day that the term "market value" was enshrined in the land legislation of this country it provided a happy hunting ground for the legal profession and those concerned to advise owners to go to the furthest limits in order to obtain the highest possible price.

I know of a case where the Land Commission were taking over a derelict holding in my area. For some reason a price was fixed, and the Land Commission said they could not take it. They would be depriving no member of a family of anything by taking it over because, as I have said, it was a derelict holding. The next of kin were in different occupations far away, but if that holding had been taken over four or five new holdings could have been created for migrants.

It is only a fortnight since a very large holding was offered for sale in the County Galway. I do not know whether it has been disposed of or not. I put it up to the Land Commission and got a reply to say that they had decided not to intervene. That particular holding of 130 acres or 140 acres of very fine land would have provided four or five good holdings for migrants, but the Land Commission, perhaps for very sound reasons, decided not to intervene. In view of these facts what is the use in talking about the relief of congestion, the problem of migration or anything of that kind?

I am not holding the Minister or his predecessor responsible, but when the Land Commission have got the responsibility and the authority they are the people who have the right to determine the land to be acquired and of how it is to be allotted. The Minister can do very little unless by bringing a Bill into this House and of having the Land Acts amended. This business of land acquisition and division has gone on for a very long time. I think we have now come to the time when we should be in a position to fix a date on which it will come to an end. I think the time has come when any Minister or any Government should be in a position to say that, after so many years, the S. and P. sections and the A. and R. sections can be closed, and when the officials engaged in them can be put on work in some other Department.

I cannot understand why any Deputy should put before the House all the cases in his constituency. I wish to say, however, that I have the greatest regard and respect for the Deputy who has just sat down, but I do suggest that it is really boring for members of the House to have to listen to a contribution such as he made. The fact that dictatorships have been set up in various countries throughout the world must be because so many democrats spent so much time talking about nothing, and because nothing was done afterwards.

If the Deputy were interested in the congests in Kerry he would not talk like that.

That is not the way to improve the position of the Kerry congests or the Galway congests either. I believe that if there had been some one individual set up to improve the condition of the congests it would have been done years ago. What is the sense in Deputies having to listen to particulars of cases in Galway, South, West, East and North—or anywhere else, when it is a question really of policy for the Minister for Lands. What is the use in bringing up particular cases here? Why not go to the Land Commission about it, and why not see the Minister about all those cases as I do, as far as my constituency is concerned, and not be talking about them here?

We have done that.

I have no grievance against the Land Commission. I know their difficulties. Whether it be Deputy Blowick or Deputy Derrig or anyone else is in charge, I know that there are difficulties in the way. We must remember that there have been objections from Deputies representing constituencies in the Midlands and in the eastern counties who do not wish to see congests coming up from South Kerry or the western seaboard. They say that when land is being divided in their areas the sons of farmers there, the unemployed and workers should get a portion of it.

I would like to remind the people who own the land in the Midlands and in the eastern counties that it once belonged to the ancestors of those who now live along the western seaboard and in South Kerry. They were the people who owned it and they were driven back by the foreigners. Therefore, their descendants have the right to go back and get a portion of that good land. The ancestors of those who live along the western seaboard were driven back by the foreigners to the hillsides, the woods and the mountains, and therefore it is only right that their descendants should now be brought back.

I have a grievance as far as South Kerry is concerned. There were many holders there who were brought up in the Midlands. On the holdings they left there were houses, many of them good houses; some were Gaeltacht houses and others were built under Local Government Acts. These houses have been left there, more or less derelict, during the past four, five, six, seven or eight years. My desire is that the Minister should now see that these lands are divided, and that the houses should not be left to fall into decay.

The fault that I find with the Land Commission is that they make the divisions too small. We must do something to improve the Gaeltacht and the areas along the western seaboard, to make holdings economic. There is no use in giving six acres here, five acres there, and four acres in another place, to people within a mile, two miles or three miles of the holding to be divided. I would prefer to see the land divided in such a way that it would make economic holdings for one or two tenants in the immediate vicinity.

Politicians come along, and want one man to get six acres, another to get five acres, and so on. In the end, the land is cut up in a useless and most expensive way because, when a holding is divided, it must cost a great deal to fence it. The thing to do is to allot a decent portion of land to remaining tenants where somebody has got an exchange of holding, and has been brought up to the Midlands. If we are to maintain the Gaeltacht, it must be done, some way, through land division. That is the foundation of the whole scheme, to make the Gaeltacht economic. Even though it may denude the population to some extent, in years to come the whole matter will be settled satisfactorily. When you have bad land, such as we have in the Gaeltacht, the only thing to do is to give plenty of it to someone who will make a living out of it.

All this patching in land division, is I think, entirely wrong. It is expensive. We do not wish so much that the large farms in the Midlands and eastern Ireland should be divided into small farms, because those people buy our live stock. If they did not acquire our live stock, our economics would be entirely overthrown and upset. That is a problem to which some thought should be devoted. Dividing up the lands in the Midlands, in Minister or East Leinster, and bringing up congests from the western seaboard, to give them 25 or 30 acres will never settle the land problem in this country. It is a very serious matter. The Minister must know what we require in the West, he must know what will suit our type of economy, and he must also think of the people whose holdings will be taken over in the Midlands and eastern counties. The problem is rather serious, and there is no use trying to make political capital out of it by saying to a congest: "I will get you an exchange up to the Midlands." That has been going on too long. That is what you say, every one of you. That attitude must be changed and the land problem tackled in an entirely different way. I want to speak the truth. I know what is going on. I am absolutely independent, but I would like to see this question settled in a proper way. The time has come when we must make economic holdings available for people along the western seaboard and give them to good working farmers.

I want to say deliberately that some of the owners of the best land in Ireland never bother about it at all. That is all to the good for us along the western seaboard, because they rent their land to our people and buy our cattle at high prices. That is the position. I know it very well. It suits us very well in Kerry. I hope the lands which the Land Commission acquired in South Kerry will, as soon as possible, be reallotted, and houses, built at the expense of the State, given to people who deserve them, to good working men or women in the neighbourhood, regardless of politics. I hope further that the Land Commission will continue the policy of bringing as many people as possible from the western seaboard—I do not care whether they come from South Kerry, West Kerry, Galway or other western areas. I hope they will give them decent farms in districts from which their ancestors were driven hundreds of years ago, so that they and their families may live in happiness, and so that the people they leave behind along the western seaboard will have sufficient land, whether it be good or bad, to enable them to make a living.

I do not wish to detain the House very long because I feel, when speaking on this Estimate, that the Minister understands the western problem. There is definitely acute congestion in the West. To my mind, it is more acute there than in any other area. I sympathise with the Minister, because I realise that the relief of congestion in the West is a very difficult problem. We have not sufficient land there even to provide relief half-way, and I do not know how the Minister is going to solve the problem in toto. I think he and the Land Commission would move in the proper direction if they reserve a certain acreage of land in the Midlands and other eastern counties, where there are large demesnes, for migrants from Sligo-Leitrim. Heretofore, I think, no land was reserved for migrants from Sligo or even Leitrim. I think that the Minister should take note of that, and should try to reserve some areas in the Midlands and eastern counties where land is available. He should take cognisance of the congestion which exists in Sligo-Leitrim. According to a report recently there are more migrants from Galway and Mayo than there are from the entire constituency of Sligo-Leitrim.

To help the Minister out in his problem some Deputy mentioned cut-away bogs. In the most westerly end of my county there are about 300 acres of cut-away bog. I approached the Department of Lands and the Department of Agriculture about that bog some four or five years ago. I was told nothing could be done because they could not establish title. If title could be established and the land acquired and sub-soiled it would relieve congestion to a considerable extent in about one quarter of my constituency. I appeal to the Minister to take special note of that. I have visited that area on a number of occasions and I know very progressive farmers there, admittedly with a small acreage, who have built up very excellent holdings on sub-soiled cut-away bog. If this bog to which I have referred could be treated in that way it would go a long way towards relieving congestion and the farmers working on it would do their share and play their part in the economy of the country as a whole.

A number of Deputies on the Opposition Benches have more or less issued a challenge that lands are being offered to the Land Commission and that the Land Commission are doing nothing about them. I have no knowledge of any land being offered in my constituency to the Land Commission and nothing being done about it. I have done my utmost to help the Land Commission to acquire every available acre. If I were the Minister I would accept that challenge and inquire as to where land is being offered to the Land Commission and nothing being done about it. I do not know of any such case.

In one case the excuse made for not dividing a holding of land acquired by the Land Commission some four or five years ago was that the holding was not sufficiently big to satisfy the demand for land in the area. Recently that holding was advertised for public auction and the bottom immediately falls out of the excuse given by the local inspector that the holding was not sufficiently big to satisfy the demand. If this land goes for public auction the last state there will be worse than the first. I hope the Minister will accept the Opposition's challenge. As far as Sligo-Leitrim is concerned I have no knowledge of any land being offered to the Land Commission and nothing being done about it.

First of all, I would like to compliment Deputies on both sides, with the exception of one member of this House, on the way they have approached the debate on this Estimate for the Department of Lands. Generally speaking, the debate was helpful and constructive. There was a bit of criticism, but that is all to the good.

Deputy McQuillan in my opinion spoiled what might otherwise have been the best debate on the Irish Land Commission for many a long year here by treating the House to a speech which was nothing but a tissue of inaccuracies and errors. There was wild and reckless abuse of officials of the Land Commission, wild and reckless abuse of me, my predecessor and practically everybody else concerned. He sought to give the impression that he was the "Simon Pure" and the other 146 Deputies here were just so many thoughtless individuals who knew nothing and that, therefore, we should take advice from him.

He sought to make comparisons against the Land Commission by quoting sets of figures which are not comparable at all and by concealing facts which would be obvious to anybody who would take the trouble to make even the most superficial study of the Book of Estimates.

He concealed the fact that the Land Commission, unlike other Departments, is a composite collecting and spending Department—if you like, a kind of revenue plus social welfare mixture. Indeed, the Land Commission acts as a collecting agent under the land project for one of the other Departments with which Deputy McQuillan sought to compare it; but for his own narrow interests he concealed that fact too. He mentioned the sum for salaries on the Vote for the Department of Lands; that sum covers the collecting as well as the spending functions of the Land Commission and it is entirely false and misleading to argue, as Deputy McQuillan did, as if the salaries related only to the spending functions. One might as well base an argument on the fallacy that the total on the cover of the Book of Estimates relates to a single province.

To add insult to injury, the Deputy paid lip tribute to the staff and then proceeded to make what, I think, any reasonable person could only interpret as a nasty, veiled charge of idling and inefficiency against them. In that he was aided and abetted subsequently by Deputy Kennedy. I was not surprised at Deputy McQuillan, knowing him as I do; I was certainly surprised at Deputy Kennedy who has been a long time in this House and who was a Parliamentary Secretary for quite a considerable period—a period of three years. One of the nasty features about this kind of charge is that it is made within the privilege of this House against officials who cannot defend themselves. Being a politician, I do not mind what bricks are thrown at my head; but it is a mean thing, to say the least of it, that Deputies should make charges against people who, by virtue of the laws we make here, cannot defend themselves either here or in the public Press. In my opinion, the Deputy's attitude is one of cowardice.

Progress reported; Committee to sit again.
The Dáil adjourned at 5 p.m. until 3 p.m. on Tuesday, 7th June, 1955.
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