I move that the Committee agree with the Seanad in amendment 1:
NEW SECTION.
Before section 47 the following new section inserted:—
"(1) (a) Where compensation is assessed by the Board in respect of land which is subject, but not in conjuction with other land, to a land purchase annuity, the Land Commission may, if they so think fit, request the Board—
(i) if the amount of such compensation is equal to or less than the redemption price of such annuity and the arrears (if any) of such annuity—to order by its award payment to the Land Commission of the whole or such part of the compensation as the Land Commission request, or
(ii) if the amount of such compensation exceeds the redemption price of such annuity and the arrears (if any) of such annuity—to order by its award payment to the Land Commission of so much of the compensation, not exceeding the amount of the said redemption price and arrears (if any), as the Land Commission request.
and the Board shall comply with such request.
(b) Where any award in relation to land which is subject, but not in conjunction with other land, to a land purchase annuity provides under paragraph (a) of this subsection for the payment of any moneys to the Land Commission, such moneys shall upon receipt thereof be applied by the Land Commission in accordance with the following provisions, that is to say—
(i) in case there are any arrears of such annuity and the amount of such moneys does not exceed such arrears—in or towards discharge of such arrears,
(ii) in case there are any arrears of such annuity and the amount of such moneys exceeds such arrears—
(I) So much of such moneys as is equal to such arrears shall be applied in discharge of such arrears, and
(II) the balance of such moneys shall be applied in or towards redemption of such annuity,
(iii) in case there are no arrears of such annuity—in or towards redemption of such annuity.
(2) (a) Where compensation is assessed by the Board in respect of land (in this paragraph referred to as the affected land) which is subject, in conjunction with other land, to a land purchase annuity and the Land Commission apportion the annuity between the affected land and the other land, the Land Commission, may, if they so think fit, request the Board—
(i) if the amount of such compensation is equal to or less than the redemption price of so much of such annuity as is apportioned to the affected land and the arrears (if any) of such annuity—to order by its award payment to the Land Commission of the whole or such part of the compensation as the Land Commission request, or
(ii) if the amount of such compensation exceeds the said redemption price and the arrears (if any) of such annuity —to order by its award payment to the Land Commission of so much of the compensation, not exceeding the amount of the said redemption price and the arrears (if any) of the annuity, as the Land Commission request,
and the Board shall comply with such request.
(b) Where an award in relation to land (in this paragraph referred to as the affected land) which is subject, in conjunction with other land, to a land purchase annuity provides for the payment under paragraph (a) of this subsection of any moneys to the Land Commission, such moneys shall upon receipt thereof be applied by the Land Commission as follows—
(i) in case there are any arrears of such annuity and the amount of such moneys does not exceed such arrears—in or towards discharge of such arrears,
(ii) in case there are any arrears of such annuity and the amount of such moneys exceeds such arrears—
(I) so much of such moneys as is equal to such arrears shall be applied in discharge of such arrears, and
(II) the balance of such moneys shall be applied in or towards redemption of so much of such annuity as is apportioned to the affected land,
(iii) in case there are no arrears of such annuity—in or towards redemption of so much of such annuity as is apportioned to the affected land."
Amendments 1 and 3 deal with the same point and, with the permission of the House, I should like to take them together. Amendment 1 deals with petroleum workings and amendment 3 with working for solid minerals. Under the existing law, in the event of compensation being paid to the owner of a holding which has been acquired, the Land Commission is entitled to seek from the Mining Board, which is the authority paying compensation, the arrears of any annuities due by the owner of the land to the Land Commission plus the full redemption value of the entire holding. The amendment does not affect the entitlement of the Land Commission to acquire arrears in respect of the whole holding where only part of the holding is subject to compensation, but it is considered inequitable that in the event of only part of a holding being damaged or acquired and compensation being paid in respect of it, out of that compensation the owner should pay the redemption value of the entire holding. The redemption value under the section as amended will now be limited to that part of the holding which is subject to payment of compensation. I think it is a reasonable amendment and I suggest that the House might accept it.
