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Dáil Éireann debate -
Tuesday, 3 Dec 1963

Vol. 206 No. 4

Land Bill, 1963—Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time."

Mr. Browne

Before moving to report progress last Thursday evening, I said that I accepted this Bill. Having had the advantage of thinking over the many implications of the Bill during the weekend. I have not changed my mind about it. The aims of the Bill are good and, therefore, I am accepting them. I also said that, in the main, Bills are introduced to solve a problem or a variety of problems. For that reason, the areas most affected would be the areas that would derive the greatest benefit. It will be conceded that County Mayo has the greatest problem of congestion.

I was quoting figures. They are not often the easiest thing to listen to and, generally speaking, they are not the nicest thing to talk about but they must be accepted because they are factual. In Mayo, 20,125 farmers depend for a living on farms of fewer than 30 acres. I was about to give comparative figures for other counties. In County Louth, 1,140 farmers live on less than 30 acres and for County Meath the number is 2,445. I am quoting now from the Statistical Abstract.

In Offaly 1,138 farmers live on less than 30 acres. For County Wexford the figure is 1,184. Therefore, while statistics might not be interesting they confirm my belief that Mayo has the greatest land congestion problem.

In Mayo, a man living on one acre is a farmer but in County Meath a man living on ten acres is a labourer.

Mr. Browne

I have more interesting figures. I shall now quote them on a valuation basis. In County Mayo, no fewer than 2,152 farmers are trying to eke out a living on a farm of land of less than £2 valuation. With a valuation between £2 and £4, the number of such people is 4,642. On farms with valuations between £4 and £7 the number is 6,186 and between £7 and £10 the number is 4,556. On farms with valuations between £10 and £15, the number is 5,132 and between £15 and £20 the number is 2,455. I can see that the Minister for Local Government will give quite a lot of money in my constituency because those with valuations under £25 will benefit most from the new housing grants. In my constituency there are only 1,801 farmers with a valuation above £20. These facts reveal that in County Mayo 12,970 farmers with a valuation of less than £10—and that includes the valuation on buildings and outhouses as well—depend for their living on those small congested farms. Farmers with valuations under £15 number 16,062. Even though figures may not be the most interesting things to listen to or to speak about, those are the appalling facts.

In speaking to the Estimate for Agriculture a few days ago, I said the Minister's speech indicated the red light. At least there is some green light in this Bill. Like all politicians, I reserve the right to criticise later any shortcomings in the Bill and I can foresee many shortcomings but there are many commendable points in it which impress me. I believe these proposals have been brought to the House as a result of much careful consideration. I do concede that the Minister and his officials stood shoulder to shoulder with the problem. I also believe that many people such as those who were members of the inter-Departmental Committee exposed the great hardships we experience in congested areas. This Bill is a great tribute to all the politicians who have crossed the Shannon for the past 40 years, whether they be from Fianna Fáil, Fine Gael, Labour or any other Party. I am sure many of our predecessors from the west of Ireland who spoke on this problem thought they were really talking to the wall and that there was no intention of doing anything about it.

This Bill is also a tribute to the Leader of my Party and in fact he should get personal pleasure out of its introduction. While it does not include all the things he has been advocating for many years it goes a certain part of the way. I have read and listened to his speeches and have listened to criticisms that have been made of his speeches, and he has never hesitated to speak for the small farmer. While the Bill does not incorporate all that would be in it if he were in office, there is an effort being made to do some of what he has been advocating.

I welcome the provision making loans available for those farmers who are prepared to give up their existing farms and go out into the open market and purchase farms of their own choice. Our Party have been advocating all along that it is essential that such loans be made available to farmers. However, the figures available show that the incomes from many farms are so small that the farmers are not able to bear excessive loan charges. While the Minister says he will make loans available to small farmers to purchase additional farms, he has not indicated what the interest charges will be. I would ask him to convenience the House and the public by making this information available when replying to the debate. Again I appeal to the Minister to be reluctant to impose loan charges which are not within the reach of the people who will be borrowing this money.

I appreciate the Minister's intention to make available to farmers and farmers' wives who have become old the possibility of an annuity on giving up their farms. It can often happen that old people who have no direct descendant, such as a son or a daughter, might be hesitant to pass over the farm to a cousin or some other relative because of their not being quite sure that the person to whom they pass it on will be nice to them and give them the security for which they have been looking. The Minister has done a good job in offering this added attraction to old people to give up their land. In the process, he is carrying out a dual responsibility for which I would like to give him credit: first, he is encouraging the old people to give up their land and, secondly, he is bringing in the younger generation who are in a better position to maintain the land.

I would like to commend the proposal in the Bill to halve the annuities on Land Commission farms that have been passed over to people who give up their own holdings or take over holdings in congested areas. The Minister will recall areas to which I want to refer where this problem exists, near the town of Ballina where lands have been acquired and given out to tenants; there are also estates near Killala and Crossmolina. The big problem here is that where there is a holding which has had new outoffices built, the Department of Local Government, in the main, through the county council, put an exorbitant valuation on these places because they are all new houses. I found that in one Land Commission holding of 30 acres, with the annuity added, it was carrying overheads of anything from £60 to £100 per annum before anything was produced on it. I am glad the Minister and his officials have given serious consideration to this problem and I want to commend him for the alleviation he has made in this regard.

As an auctioneer, I have considerable experience of people's mentality in relation to the issue of Land Bonds as a consideration for the sale of land when the Land Commission are purchasers. People have been thinking that Land Bonds do not give them the real money value for their land. Of course that is not true but they have had the feeling that they do not get £100 value for £100 worth of land, that they do not get pound for pound. Reading the Official Report, I was pleased to note that a Deputy on the opposite side pointed out that not only was that not so, but that in fact Land Bonds give them £102 for every £100. It is hard to convince people that such is the case and I do wish to compliment Deputies and others who have endeavoured to do so. I hope the Minister will touch on that aspect when replying.

Another difficulty which section 27 of this Bill should remedy is the delay between the time somebody offers a holding to the Land Commission and the time the sale is finalised. First of all, the local inspector hears representations from perhaps a local Deputy or other interested person in the area. There is then a delay in sending particulars of the holding to Dublin and again before an inspector comes down to examine the land. Very often it takes two years from the time the offer is made until the sale is finalised. The Minister now proposes to appoint four senior inspectors, one for each region, and I feel sure this will help to eliminate these long delays and expedite acquisition of holdings.

That is my general attitude to this Bill. In the two years I have been in the House, this is the most attractive piece of legislation that has come before us and I offer to all concerned my most sincere congratulations. I certainly shall do everything in my power to encourage my constituents to co-operate with the Department in helping to operate it. If the measure is not operated to the full, I shall, of course, be critical later on. I have no great reason to be critical at the moment because, as the Minister says, a start must be made somewhere and we can work from there. The provision of 40 to 45 acre farms may be a big target but it is not impossible of achievement.

Perhaps the Ceann Comhairle will pull me up in what I am about to say, but I should like, if I get the opportunity, to call the attention of the House to the fact that this Bill will be a failure if the Minister is not assured of the full co-operation of the Department of Agriculture. That is one Department which is not fulfilling its obligations to the congested areas. To-day when I came in, I found in an envelope a report from the ICMSA on the prospects of expanding the Irish economy. I have not had time to persue it fully, but from a quick look through it, one statement, by Mr. Crotty, struck me as being of great significance. He says, in relation to the different sectors of our economy:

It is clear that agriculture is the one which lags...

That is a complete exposure of the lack of co-operation from that Department to which I have been referring. The report continues that there could not be any question of an expanding Irish economy while there was a lag in agriculture.

Is there not an Estimate for Agriculture?

Mr. Browne

I spoke on it, but the Minister for Agriculture must have forgotten what I said in this regard.

These remarks are relevant only on that Estimate.

Mr. Browne

I am glad you gave me the opportunity to get that bit in. Having got it in, I hope it will help as a useful nod to the Minister concerned. Again, I wish to congratulate the Minister and all concerned with the introduction of this Bill. I shall certainly do all in my power to make it a success.

Before I begin my remarks on this Bill, I should be obliged if the Minister would give me the figures for the number of holdings which, in the opinion of the Land Commission, need rearrangement, improvement and so on, if he has got the figures handy.

I have not got them readily available, but I will have them looked up for the Deputy. Did he say the number of unsold holdings?

The number of unvested holdings still earmarked for improvement. I am sure the Minister has that information somewhere. Such figures will give us a clear picture of the size of the problem we have to tackle.

There are approximately 9,000 unvested holdings, mainly in the west.

That require rearrangement?

Not necessarily, but unvested.

I take it that figure roughly means the number of holdings that yet require something to be done to them before vesting?

I expect so, in most cases.

That is not so bad because we can go to the Statistical Abstract and find a huge number of holdings, but from my experience in the Land Commission, that number could be very misleading. I think the way the statistics people got these figures is from the number of receivable orders of the Land Commission. That means additions and so on, and most of us from the western counties are well aware that many farmers may have half-a-dozen receivable orders. I have heard of one man who had 21 receivable orders and could almost keep a postman going at the annuity period.

Some Deputies seemed to welcome this Bill. Looking at it, trying to digest it and see what is behind it, the only conclusion I could come to is that it is a cross between Deasy's Act of 1860 and my own Act of 1950. I hope I am wrong but I fear the hybrid, which this Bill is, has all the bad points of both Acts and very few of the good ones. What made the Minister introduce a section in the Bill prohibiting the letting of land, something never sought by the Land Commission before? For the past 30 years, Fianna Fáil were busily engaged in chasing the people, particularly the young people, off the land over to England. Now that holdings are deserted since these people are driven out and now that the father and mother are too old to change their means of living and go to England themselves and also too old to work the land, it becomes a crime, according to the Minister, to let that land.

What else would they do with it? What was all the fight for from Michael Davitt's time to get ownership of the land if we do not have a little control over it? It should not be labelled as a crime under this section to live on a holding and not be able to work it and it should not be the occasion for the Government to grab it and turn people out of house and home. Does the Minister know what is in this section in which he prohibits the letting of land? I do not mind a prohibition on subdivision which is a different matter. The Minister rather slipped over this section when introducing the Bill. I think it is a desperate provision.

It may be only a small thing but I have in mind several cases it would hit. We had a very tragic case recently in my area. I do not know the circumstances of the family concerned. A young man was electrocuted, the father of nine children, of whom the eldest was only 13½. These are neighbours. I hope the widow and family are well enough off to continue stocking the holding and running it to the best advantage, as the breadwinner himself did up to his death. Now if the widow is not able to work the land while saddled with the rearing of nine children, she must go on her knees to beg leave to let the holding. I suppose she will be criminal No. 1 in the locality if she lets that land.

There is a second type of case, where the youngsters as well as the father and mother have been waiting year after weary year for the Land Commission to increase the size of the holding but it never happens and eventually they have to go to England. The old people are unable to work. The youngsters send back remittances, part of the £16 million emigrants remittances that come in every year. The old couple have no option but to let the land. As far as I can see, that land is producing just as much as, or very little less than, it would otherwise produce because the farmer still owns it, is living on it and will not allow it to be abused.

People stand up here, not one of whom so far as I know, owns a perch of land, and tell us what should be done with farmers, how they should run their holdings and try to paint a picture of farmers as a type of criminal out to undermine the economy of the State. These are people who took care to have nothing to do with land themselves. When I hear a Deputy who owns and works land speaking, I have the greatest respect for his experience, but when other Deputies who have sought from childhood other means of livelihood and would not be seen dead on a farm say that farmers who sublet land are this, that and the other and that people who let the land and go to England are another type of criminal, it feeds me up, particularly when I hear it from people who should know better. Deputies might have the decency not to stand up unless they know what they are talking about.

There are some good points in this Bill and I shall do my best, as far as I can, to help the Land Commission to implement them. The principal innovation is the cash grant and allowing the old couple to live on the land, if they so desire. I hope this will not be used as the thin end of the wedge for wholesale compulsory acquisition and as a means of dumping these people into the local town later on with some other Minister banishing them from the land.

The man who has lived all his life on a holding has put a great deal of his personality into improvements, drainage, fencing, liming, fertilising, improvement of outoffices and of access to fields. He takes great pride in it and it is his death sentence when the State comes along like a huge steamroller and crushes him out of his holding. In no other livelihood or profession does a person become so wrapped up in his property. While every inducement should be offered to the small farmer to sell his holding, compulsion should be used most carefully.

The Minister is introducing a section to take over to himself one of the excepted matters under section 12 of the 1950 Act which I think was set out in the 1933 Act in section 6, that is section 27 which states:

For the removal of doubt, it is hereby declared that the determination of the land to be inspected under subsection (6) of section 40 of the Land Act, 1923, as amended by this Act, is not an excepted matter for the purposes of section 12 of the Land Act, 1950;

Would the Minister tell us why he wants that power, or what good it will do him, or in what way it will expedite acquisition or the relief of congestion? Does he know, from a purely political point of view, what he has landed himself with by taking on that power, or has he done it deliberately? I do not know the answers to these questions but I know the House should have them. For the first time, the Minister is now taking on himself the power to send, without reference to the Lay Commissioners, a divisional inspector on to anyone's land if he sees fit to do so. Everyone knows the terror created in the heart of anyone who is a land owner when he hears that a Land Commission inspector has walked his land. That was not the case when the function was being exercised by the Commissioners, who, whatever their faults may have been, were very strict, impartial and fair in the administration of the functions which this House placed upon them in the various Land Acts introduced by both foreign and home Governments.

Now any Fianna Fáil group sitting around the fireside can decide that one of their neighbours is to be liquidated. They can say; "We will tell Mr. Moran. We will get him to send an inspector on to that land". It is not much good to that man to know that the inspector's report has to go for final consideration to the Commissioners. The very fact that a political head can order an official of his Department on to another man's property is an outrage of a type that would not be found in any country this side of Russia. I cannot help turning my mind back to the time when the 1950 Act was going through this House and remembering how vocal the Minister was and how determined he was about two things: the excepted matters and the purchase of land for cash. The end of the world was to come when the 1950 Act became law because the Land Commission were being given power to purchase land for cash.

It must be pretty clear to him that I safeguarded first the Land Commission and secondly, the owners of land, and that that has been lived up to and adhered to ever since. The Minister is doing a desperate thing when he takes on himself the right to prohibit the letting of land. I do not care what legal definition is placed on the word "letting". We have only one meaning for it in the west. If we are not able to stock the land ourselves it is a desperate thing to take from us the right to let the land, for the time being until we overcome a period of difficulty, to a neighbour who will pay us perhaps as much as we would make in profit from the land. I could never see anything very wrong with letting land. Members of this House, solicitors, schoolteachers and others, are very vocal about the letting of land but the man who pays conacre will produce as much off the land, in all probability, as would the owner. The only thing about it is that neither the owner nor the conacre man may fertilise the land as much during the period of conacre letting.

In regard to section 27, the Minister is extremely foolish to take one of the excepted matters on to himself. It is an excepted matter whether the Minister likes it or not and I do not care what he may say when replying. There are other excepted matters and I would not care if they went overboard during the night but the two big things are the determination of the lands to be acquired and the determination of those to whom the lands will be allotted. These two should be sacrosanct. The Minister is knocking down the barrier around the first of these when he takes to himself power to send a divisional inspector on to the land.

I would object just as strongly if the Minister took power to send one of the Commissioners personally on to the land. That should be purely an executive function and the Lay Commissioners and the political head of the Department should have nothing to do with it, both for the Minister's good and the good of the country. It is the first time that a crowbar has been levered under the foundation stone of fixity of tenure in this country. There are a few excellent sections in this Bill and it is a pity that it should be marred so grievously by these two other sections.

Everything in this measure designed to relieve congestion will receive my wholehearted support. After 20 years in this House, there is no need for me to re-affirm that, but it is no harm for me to say so. The same applies to any other measure which the Minister brings in to relieve congestion. There is very little that will help the Commissioners, the inspectors or the Minister in relieving congestion.

A good deal has been said about the purchase of land by foreigners. Personally I have not been alarmed by the amount of land purchased up to the present; nevertheless I cannot help feeling that the time has come when something much more definite will have to be done about the matter. Personally, and I say this for what it is worth, I cannot see what is wrong with denying foreigners the right to purchase farmland, and I could never see anything wrong with it. When I was Minister, I met with fierce opposition in that regard. If a prohibition or embargo were placed on the purchase of land by outsiders, I would be the first to support it and I cannot see what is wrong with such a move. The statistics are there, published by the Statistics Office, for everyone to see and there is little enough land in the country for our own flesh and blood. I do not think foreigners would take umbrage if they were told: "Ireland is very land-hungry, and there is little enough land for our own people. We have nothing against you—we like you and we are very friendly with you and your Governments—but it would be like stealing bread from children to take land from us."

The time has come for additional measures to those taken in the past to discourage the purchase of land by foreigners—the 25 per cent duty and, later, the keeping of a register. I do not know what good the keeping of a list of names in the Land Commission will do. I should like some more positive action. The keeping of a register may be a useful statistical exercise giving information as to how many foreigners have bought land, but it will not stop one outsider from buying land.

Another argument is that some of our own people have acquired the nationality of the country in which they have been living and would, therefore, be classified as foreigners. That difficulty could be surmounted very easily. There should be no trouble in saying that a person who was born here, and whose parents lived here, who has taken out citizenship of another country, will be allowed to purchase land in the same way as if he had never left the country or taken out citizenship elsewhere. Remembering the list published by Macra na Feirme, and it has not been denied, showing lands purchased by foreigners, particularly in the midlands and in the Minister's and my county, I think it is time we sat up and took notice. The figure has not reached alarming proportions when one remembers the total acreage but it has attained a size that should give us pause. Steps should be taken and these steps need not cause any friction or difficulty with foreign Governments or their nationals. The longer the present position is allowed to continue, the more difficult it will be ultimately to right the wrong.

The most important aspect of this whole measure is deciding what is an economic holding. An economic holding has never been defined except in the loosest terms. During the 12 to 18 months in which the Minister was trying to hatch this Bill, I was hoping that he would bring forward a proposal to give the Land Commission powers to enable them to speed up the relief of congestion. I was also hoping that those parts of the Department of Agriculture and Local Government more germane really to administration by the Land Commission would be taken over by the Land Commission. The time has come when the mere giving out of land is no help in stemming the flight from the land. Whole families are now turning their backs on the 40 acres about which the Minister has talked so much. As far back as 1951, under my direction, the Land Commission were giving 40 and 45 acres to migrants in the midlands; they were to get 33 acres of good land, or its equivalent. In most cases the acreage was 40, 45 or 47 acres.

It is time the Land Commission took over the functions of the Department of Agriculture in regard to the production of food and also in regard to the cost of producing that food. That part of Local Government which deals with rating on agricultural land should also be brought within the scope of the Land Commission. I have studied the problem deeply. I have talked to hundreds who have left the land. I know I speak truth when I say that the flight from the land is occasioned not so much by the size of the holding as by the fact that no holding up to 100 acres pays any more. Suppose the Minister had all the ranches of the mid-United States and started to carve them up, like a sheet of postage stamps, into 40 or 45 acre holdings, with conditions as they are at present in relation to agricultural produce, plus the cost of overheads, people would be flying from these holdings in four, five or ten years' time just as quickly as they are flying from small holdings today.

This Bill falls far short of what is really needed. I should like to quote here what Most Rev. Dr. Fergus had to say on 15th June last at a meeting at Charlestown. That meeting was composed of farmers from all over the west; there were three or four bishops present and several priests, including Fr. McDyer, who has done such trojan work and who has virtually brought about a revolution in his part of Donegal:

It is here that the importance of this meeting comes in. The meeting has a plan for small holdings which has been tried and tested, under the auspices of Comhlucht Siúicre Éireann, at Glencolumbcille, in Co. Donegal. Father McDyer, to whom the project owes so much, is here this evening to tell us of its success. What is asked is that facilities be provided for the establishment of similar projects all over the west.

Two things are necessary for success, first the provision of an adequate subsidy and, second, the co-operation of the small holders themselves. This very representative meeting is a guarantee that the necessary co-operation will be forthcoming. The initiative in the case comes from the people concerned. It is something that should be welcomed by any Government.

A certain amount has already been done for the west in the way of setting up industries and making grants to farmers, and this should be duly acknowledged. But it is not enough. What is needed for the west is an enlightened agricultural policy vigorously pursued. The only suggestion made so far in this connection is to increase the size of holdings, which, of course, cannot be done unless many more of the small holders leave. I have no confidence whatever in a policy of this kind, and I hope it will never be implemented. It is based on the faulty assumption that the mere acreage of a holding is the sole test of economic sufficiency. It also leaves out of account the human factor. There is no guarantee whatsoever that men possessed of holdings of forty acres or more will be more conscious of their social responsibilities than they are at present.

Most Rev. Dr. Fergus put the position very neatly. It shows he knows intimately how the small farmer lives and also how he thinks.

Deputies blame the Land Commission for slowness and so on, but the real reason for the flight from the land is the policy of successive Fianna Fáil Governments since 1932, Governments who have looked upon the agriculturist as a kind of donkey, there to work, to produce cheap food, cheap fuel, and provide taxation for every wildcat scheme in the head of every wildcat Minister. The farmers are being taxed out of existence. Down through the years, they have got absolutely no assistance. This is not the appropriate occasion on which to deal with agricultural grants but I should like to point out that the grants given are only a quarter or one-fifth of what farmers in Northern Ireland get.

I assume I will be allowed to deal with agricultural grants when I come to reply.

I merely mention that by way of example, to show how the farmers are treated. They get little or no subsidy. They get little help towards the cost of fertilisers. The help the inter-Party Government provided towards the cost of ground limestone was taken away virtually completely by the subsequent Fianna Fáil Government.

The cost of living affects farmers. When a holding becomes vacant, we are inclined to lay the blame on 24 Upper Merrion Street, but they are not the cause of the trouble at all. It is economic factors outside the scope of the Land Commission that cause the trouble. I would welcome the Department of Lands taking over all aspects of agriculture affecting the production of food on the land and the costs of production. Until that day comes, it is not much use blaming the Land Commission for something for which they have no responsibility.

The third volume of the 1961 Census of Population has been published. From that we see that in 1951, 509,324 people followed agricultural occupations. In 1961, this had fallen to 392,000. The number of farmers decreased from 235,000 to 210,000. These figures must make it plain to everybody what is wrong: that living on the land does not pay any more. That is why people are clearing off it. The Land Commission have been blamed for this and that. I am not standing up for them simply because I was Minister for Lands for so long. If they deserve blame, I would be the first to hand it out to them. Really the blame is due to other Departments, plus the absolute carelessness of the Government in regard to our principal industry.

I pity the Land Commission being saddled with the problem of trying to salvage something out of the wreckage. I could quote townland after townland where there has been a wholesale clearing out. If the Land Commission go into these places in the morning, I do not know what they will do. Not so many years ago, when I was going to the national school, I went to school with 18 other children out of one village of 13 houses. Today there are only five children from one house going to school out of that whole village. I want to tell Deputies from other parts of the country, who might not be familiar with conditions in the west, about village after village where only the old people are to be found in the houses. The Land Commission have no business going into those places. Suppose they take up the land, they have no one to give it to. Deputy Burke, who came from my county many years ago, knows whole townlands that remind one strongly of Goldsmith's village, the deserted village. I could quote many villages where there are no marriages because all the young people have gone over to England and have settled down there. They just send sufficient money to keep the old folks going. Perhaps some of them are hoping for the day when they can come back, put up new houses and out-offices and live on the land themselves. If they do, we will have to give them the same conditions and the same incentive to work and improve their land as they are getting at present from a foreign employer. We have no business asking them to come home to slavery—to sink their capital in and work land they get either from their parents or the Land Commission only to find that after a few years they have to able out and start afresh when they are many years older. What I am afraid of is that most of our farmers, particularly our small farmers, have become so despondent that it is nearly impossible to rouse them out of it. Some of the younger farmers in the NFA and Macra na Feirme—and of course, Father McDyer in Donegal—are making manly efforts that command our admiration. They are doing something for a new generation and they deserve every help and assistance.

In Mayo we have 2,183 holdings of from one to five acres. If the Minister wants to turn all those into 45 acre holdings, he would want over 7,000 acres. To bring all the holdings in Connaught up to that standard would require 181,600 acres. The same set of conditions exists in the other three Provinces. I do not know who it was said that in other countries the small farmers can make a good living. In Holland, Belgium, France and Germany they are making a very good living on much the same size of holding as we have here. But there is this difference. They have a Government that protects them, gives them a guaranteed market and takes good care that they are not overloaded with taxation to pay for madcap schemes in other parts of the country.

I must admit that when I first went into the Land Commission I thought that everything that had been said in this House for years was right—that the Land Commission were an out-of-date crowd determined not to do what they were expected to do. But I found such was not the case. I found they were being smothered because other Government Departments were not helping them out. When the Land Commission give a farmer a decentsized holding to work on, it is the duty of other Departments to come to their assistance and at least to give them fair remuneration for their output. But that did not happen. The result was that, if holdings were rearranged and improved and if some of the tenant farmers left them after a short number of years, it was not the fault of the Land Commission but the fault of the Government, of this House and of other Government Departments, whose duty it is to protect the farmers in the same way as the Department of Industry and Commerce protect the industrialists.

Perhaps the Department of Agriculture are doing the best they can. If we could lift the curtain and have a peep inside, I am sure we would find that the Government have had several suggestions from the Department of Agriculture on how to stop the flight from the land. So far, however, they seem to be completely against it. All I am saying could possibly be twisted to mean that I am opposed to industry. I am not. I only wish we had a lot more of it. At the very least, it would keep more of our young people at home. However, our principal industry is agriculture. We are allowing these people to vanish. If the Minister takes up every vacant holding in the morning, his difficulty will be to find people to accept the land.

One matter mentioned by a few Deputies was the fact that an official of the Land Commission is now a Lay Commissioner and that that is not correct. From my own knowledge of the Land Commission I do not mind that in the least. The only aspect of this matter that might be objectionable is entirely for the person concerned. If a person has two separate duties to perform, it might mean he would be overworked and would not be able to give the same attention to each job as if he had only one. But I cannot say that is wrong, and I am not alarmed by it.

As far as the good parts of the Bill are concerned, I wish the Minister and his officials luck. But there are at least two highly objectionable parts to which I referred earlier in my speech. One is where the Minister is taking to himself the prevention of the letting of land. I do not know who wants that. I do not know who suggested that to him, whether it was a draftsman or not, but it is highly objectionable and it is most impertinent to interfere in a private person's business to that extent. The second matter that is extremely wrong is the taking on of something that all down the years has been regarded by the Commissioners as a purely judicial matter.

A third matter which is not so serious is the complete revision of the section of the 1933 Act which relates to the redemption of land annuities. I wonder if a person in these circumstances is entitled to an allotment of land at all? If he is well enough off to pay the double annuity, which is what it amounts to now, is he suitable for the allotment of land in view of the scarcity of land for the relief of congestion? In a few rare cases there may be the heel of an estate that nobody wants to take. If some local person is willing to take that I could understand the point of asking him to pay the full annuity. If that is the type of case envisaged in this section I will say no more about it but if it is going to be an all round thing I would ask the Minister to think twice as to whether it was wise to give land at all to a person who is well off enough to pay the full annuity.

When we come to deal with the Committee Stage of the Bill, I will ask the Minister to withdraw Section 27. I do not know what he wants of it but I will hear what he has to say in justification of bringing it in at all. I think it is foolish in the first place and, secondly, I think he is placing dynamite at the foundation of fixity of tenure in doing so. Fixity of tenure is the rock on which rests the whole ownership of land and it has rested firmly on that rock because the power to take over land has been always in the hands of professional men.

These officials have discharged their duty honourably and well having regard to the long history of land troubles we have had in this country. Whatever else we may think of them from that point of view they deserve our highest admiration. The Minister is doing a very dangerous thing in introducing that section. He certainly got no advice from his Department for it because I am sure that he did not get the backing of one single official in the Department, from the office boy to the Commissioners. For the people in the Land Commission, whatever their faults may be, the safeguarding of security of tenure was one of the things held highest. That was so when I was in the Department and I am sure they have not changed since then.

I have nothing to say about sub-division, even though I am not happy about the taking away of the rights that existed where land was purchased under the pre-1923 Acts. Farmers who were vested in estates purchased before 1923 could sub-divide their farms. Efforts were made to make me bring in that section but I refused to take away the right given to these farmers by the Cumann na nGaedheal Government and maintained by successive Fianna Fáil Governments. I object to its being removed now. Would the Minister tell us how many uneconomic holdings were created by the sub-division of pre-1923 Act farms? I do not believe there were two in the whole country.

The right to sub-divide was there but it was never availed of. It was useful in the case of a farmer who wanted to sell a building site of some square roods. Of course, he would have to go through all the trouble of getting a map of his holding and then waiting in the queue before permission was granted but permission was always granted. The principal reason for the prohibition on sub-division was that farmers would not re-create congestion all over again. How many holdings have been split by reason of the fact that the section which the Minister is bringing in now was not previously in existence? I never knew of one in my years in the Department.

Most of the farmers knew that if they wished to sub-divide their land, they had the right to do it but none of them did it for the reason that the need did not arise. I could understand a big farmer with 100 or 200 acres of land sub-dividing it between two or three of his sons but in our circumstances in the west of Ireland, this occasion did not arise.

The cheekiest section in this Bill and the most undeserved insult to the farmers is the prohibition on the letting of land. The Minister may tell us that, in law, letting means something else but, to my mind, letting means that where a person is no longer able to run the holding, he lets it to a neighbour who takes as much care of it and gets as much produce off it as the owner did. Where land is let in conacre, it may not get the same amount of fertiliser as it would get when used by the owner but all the land that I know which is sub-let is producing as much under the letting as it was when worked the other way.

The good parts of the Bill I welcome but it reminds me of a poisoned chocolate. It is a chocolate-coated piece of poison. The poison is in the section I have referred to, section 27, and the section that proposes to revise the halving of the annuities under the 1933 Act. The light chocolate coating is the section which deals with the voluntary taking over by the Land Commission of a holding on the annuity basis. That is a good point but it is being used to disguise a poison. I was going to say that the Bill was like the curate's egg, good in spots, but that does not describe it. It is more like chocolate-coated poison.

Ba mhaith liom cómhgáirdeachas a dhéanamh leis an Aire as ucht an Bille seo a thabhairt isteach. Tá sé soiléir go dearna an tAire machnamh doimhin ar an mBille sular thug sé é isteach agus gur maith is eol do cad iad na fadhbanna atá le réiteach. Tá Airí ó thús an Stáit ag iarraidh na fadhbanna seo a réiteach agus ní go ró-mhaith a d'éirigh leo. Tá áthas orm a fheiceáil go bhfuil dearcadh nua ag an Aire ar an cheist agus go bhfuil iarracht mhór déanta aige leis na ceisteanna deacra atá ós a chomhair a fhuascailt.

If I had come into this House only recently and had been told that Deputy Blowick had been a Minister for Lands at one time I would have been inclined to expect a constructive speech from him but, having listened to him on many occasions, I find that his speeches are made up of the same old cry, that everything Fianna Fáil did was bad and everything that he and the Coalition Government did was good. Of course, the people are tired listening to that same old record now.

Is it not true?

Of course, it is not true. Deputy Blowick mentioned his Bill and told us what it would protect but we in the House and everyone outside it know perfectly well that what it protected and what it was designed to protect was the Exchequer at that time and, in effect, as much as was possible by legislation in this House, to prevent land division. We have been urging the Minister here for years to make the necessary changes so that that situation could be overcome and I am glad to see that he has now brought in a Bill which will be of very considerable help.

I shall refer later to the remarks made by Deputy Blowick with regard to letting. He has not read the Bill properly or has not listened to the Minister or has not read the Minister's speech. Otherwise, he would not have made the speech he has made in relation to letting in the Bill.

The Bill before the House is designed fundamentally to improve the use being made of the land of Ireland and thereby raise the standard of living of persons engaged in agriculture and, as this is impossible to attain while there is rather widespread congestion and so many uneconomic holdings, it follows that this Bill must deal with these problems and endeavour to effect their solution.

The problems facing any Minister in this matter are very great and, to a very considerable extent, down through the years have defied solution, despite the efforts of various Ministers and the Department. It is heartening, therefore, to find the present Minister endeavouring to make a new approach to this whole question, I would say, a radical approach, which, because of its nature, will not get 100 per cent approval from everybody but which, nevertheless, will in the long run improve the position with regard to congestion and uneconomic landholders.

The Minister has laid down a figure of 40 to 45 acres for an economic farm. For this he has also been criticised by Deputy Blowick. I would suggest to Deputy Blowick that the Minister has laid down this figure, not necessarily from choice, but taking practical considerations into account, such as the fact that there is only a certain amount of land available for distribution. It is an extremely difficult thing to define an economic holding for the very obvious reason that there are so many factors involved, for example, the quality of the land and, perhaps most important, the quality of the individual farmer. What would be an economic holding to one might not be an economic holding to another.

To help to provide the land necessary for the changes visualised by the Minister in his Bill, he intends taking power to move in on vacant and under productive farms, where necessary, to control letting of land and, in some instances, the sale of land and, finally, to induce aged persons having no dependants and incapacitated persons who are unable to continue to work their farms, to accept an annuity and to hand their lands over to the Land Commission. These are understandable changes. We are all aware of the damage done by absenteeism and the evils of short-term letting.

I should like to mention at this point what Deputy Blowick said regarding letting. He referred to the widow who was left with a small farm and nine children and who must of necessity let her farm. He also referred to people temporarily in financial difficulty who would have to let their lands and he said their lands would be taken from them. If I understood the Minister aright, he does not intend to move in simply because of letting, as such, but rather on the basis of vacancy. This would allow him to discriminate and to protect people who need protection.

I found particularly gratifying the section in which the Minister takes power to grant an annuity to old persons without dependants and to persons who are incapacitated and unable to farm their lands where they are agreeable to hand up their lands to the Land Commission for division or allocation to others. There will be many people who will be interested in this section and who will be anxious to hand up their lands in return for an annuity because it is more than likely that the return they receive by way of annuity will be very much better than the return they get from letting the land.

Despite the complaints one hears about the high price paid for conacre, it is the general experience that the letting of land gives a very poor return having regard to the various factors which are involved, such as the expenses attaching to the letting of land and the fact that the land has to be kept in reasonable condition. For that reason, a number of people will be anxious to make this change.

Another important feature of the proposal is that it will relieve old persons of the responsibility of the farm at an age when they would prefer not to have responsibility. While they have the land, they have the responsibility of having it let and of looking after it, of seeing that it is re-seeded, fenced and kept in proper order. This in itself represents a problem for aged persons. I feel that they would be glad to get rid of this responsibility while at the same time getting a worthwhile cash return.

I should like to commend the Minister for the fact that he has taken the humane view and will allow these people to retain ownership of their homes and of a few acres of land around the house. Aged persons like to remain in the area in which they have been in the habit of living, where they have their friends. They dislike transferring to areas in which they would be strangers. The provision in the Bill dealing with that matter, even more, perhaps, than the annuity, will help these people to make up their minds to hand over the lands to the Land Commission.

I am gratified by the provision that a farmer can move from a congested area and buy a farm in an uncongested area, with the aid of a loan as well as the money paid for his own farm. This is an excellent idea, and apart from the fact that it will help to relieve congestion, in my view, it is only the more efficient and energetic young farmers who will take advantage of this provision and therefore when they buy a farm, we can always be assured it will be efficiently run and will be an improvement not only for the young man concerned but will also help very considerably the economy of the country generally. The very fact that the young man will buy this farm with the help of a loan, as well as the money he will get for his own farm, will give him an added interest in his holding. He will feel he has worked for and earned the farm and I feel he will be all the better for it and that the country generally will be all the better for it.

The Minister mentioned that some areas in North Leinster could be classified as congested and that he intends to make Ministerial orders in relation to some of these areas when the Bill is passed. Despite the figure given by Deputy Browne, in various areas of County Louth, there is a congestion problem. It is an intensive tillage county. There are a very considerable number of small farmers there. I feel that in the sections which are congested because the land is worked so intensively, every square inch of it is needed and the only opportunity a young man would have of providing himself with a farm would be to avail of the loan the Minister mentioned.

In my constituency, the Land Commission itself has been responsible for a certain amount of congestion. I have in mind a small area where there are about 20 farmers with farms of from 14 to 17 acres. Years ago, these farms were given to them by the Land Commission. It is possible that because the low standard of living at the time this land was divided was such that a farm of from 14 to 17 acres was regarded as economic. That is not the position today and it is particularly obvious in a constituency such as mine where there has been such a very rapid advance in the development of industry.

In my constituency, many people who are now working in factories in the rural part of Louth are getting relatively good wages. The comparison is very striking between what they earn and what the farmer on 14 to 17 acres is earning. As everything in this life is relative, it is obvious that it will be necessary to help these people improve the size of their holdings. It is obvious that the farmers I am speaking about would be inclined to leave the land and to go into industry where possible. We do not want that to happen. These are highly-skilled men who are vitally necessary to the country as farmers because agriculture is the basis of our economy.

I am glad to note that the Minister has decided to control, to an extent, the selling of land. It is a pity he was not able to do something sooner in this connection. When it was first suggested that the Minister would take certain control in relation to a continuous letting of land, people in my constituency who owned land which was being constantly let threw it on the market and sold it. That had a very serious effect on the small farmers in the areas in which this land was situated who had been taking conacre on these farms for years. Their position was made much worse than it had been.

In my constituency, an intensive tillage area, where a person has been in the habit of taking a field or two fields and then loses it for any reason, it is impossible for him to get alternative land because all his neighbours are doing the same thing. Prior to this, in an area which I have in mind, the small farmers were in the habit of taking land in a number of farms which had been let for years. They came to be completely dependent on it and built their whole economy on it. They reared their families on the basis that this would always be available to them. When the land was thrown on the market, some of the people who bought it, were the very people who were constantly being reported in the newspapers as crying out on behalf of the unfortunate small farmer and pointing out how difficult he finds it to live. These are the people who shed the crocodile tears but when the land came on the market which would have helped make the small farmer economic if he had been allowed to purchase it, they are the very people who made absolutely certain that the small farmer would not get one sod of it.

At present, the rule is that where land of any description is being divided, some of it is given to the uneconomic holders in the area but they must be within a limit of one mile from the estate. Up to the present, that was reasonable enough. However some small farmers in my constituency take land which is perhaps 1½ miles or 2 miles from their farms; they have been doing this for years. It would be a very severe hardship on them if land were taken by the Land Commission for division and given to people within a radius of one mile of the estate and if there are not sufficient people within that category to give it to allottees from outside thereby leaving the people who had been taking the land without this land. It would have exactly the same effect as the position in relation to the land I mentioned earlier which had been bought up when this Bill was mooted. I feel the mile limit should be changed.

It is the intention of the Minister to try to make as many economic farms as possible. Once they are made, there will be no permission to break down the farms again. I should like to know if he has considered the opposite point that is, when these farms are allotted, if the allottees, after a number of years when they are vested, decide to sell them, it could happen that one person might buy four, five or six of these farms. That would also frustrate the achieving of the objectives in the Bill. I expect, however, that the fact that the Minister has power to go in and prevent the sale of a farm at any time he should so wish will prevent this from happening.

We are concerned on this side of the House to keep as many people as we can in rural Ireland. However, it is only right to say that these people should not be asked to stay on the land unless they can make a decent living from it. It is only natural that if we divide up all the land into 45 or 50-acre holdings, there will be fewer people on the land than there are at present, but if we take this Bill in conjunction with the development of rural industry, we can see the possibility of success in keeping the people in rural Ireland. I have a good knowledge of what the position is where it is possible to have industries established in rural areas. In my own district, there is a very large number of people from the surrounding parishes employed in an industry in rural Louth. When they feel like getting married, they build their houses in rural Louth and they are able to remain in the rural areas and are content to remain there because they are making a decent living. When a farmer has a number of sons, he can give the farm, generally speaking, only to one son. It should be our aim, and it is our aim on this side of the House, to ensure that the other sons can remain at home and in rural Ireland if possible and there is a perfect example in my own constituency of how that can be done.

We in this Party are endeavouring to give our people in rural Ireland a decent living and thereby keeping our people there by giving subsidies on lime and fertilisers so as to increase the production on the land. We are doing it through the Bill now before the House which is endeavouring to create economic holdings and we are doing it by providing as many factories as possible in rural Ireland.

Once again, I would like to congratulate the Minister on bringing in this Bill. He need not expect to get one hundred per cent support for it, but it is, in my estimation, an excellent Bill and will go a considerable distance in achieving its objectives. I feel sure the new and enlightened approach of the Minister has a resonable hope of success in overcoming this great problem.

Representing as I do one of the western constituencies, I feel I should make some remarks on this Bill. There are some sections in it I think very good and some sections about which I am not too happy. The decision to increase the acreage of economic holdings to 40-45 acres is a good one because there is a large number of uneconomic farmers in the west of Ireland, in my constituency alone. The only way this can be achieved is to migrate a considerable number of them to the midlands and the eastern seaboard. This will take time and certainly will not cure the problem overnight. Doing that will create another problem. It will depopulate still further the western area. That is not a good thing but at least those who are left behind will be a little better off.

About a year ago when the Minister first mooted this idea of 40-45 acre farms, he made the announcement, I think, at a dinner somewhere in Mayo. Like most important Government announcements that come from after-dinner speeches, it got headlines in the morning Press and nobody was quite sure what exactly the position was. In this case it was very wrong because it created innumerable difficulties. People were not quite sure what was going to happen and some farmers who felt they could not manage their own farms and thought they might be virtually confiscated, rushed to the auctioneers and offered their farms for sale thereby disposing of a large proportion of land that, had the people got time to consider, they might have offered to the Land Commission.

Another instance of the trouble the Minister's speech created was in regard to one estate beside Loughrea—Deputy Carty referred to it here before—which the Land Commission was in the process of dividing. Naturally every small farmer in that area felt: "Here is my chance. Now I am going to get 40 acres of land." And knowing it was the last large tract of land in that area, their hopes were very high. The Land Commission officials whose instructions were, I suppose, to continue as before, allotted seven, ten or 15 acres to these farmers. The result was chaos. Farmers who were allotted these small portions felt they were victimised in view of the Minister's speech and the Land Commission officials had great difficulty in trying to get them to accept these allocations. The unfortunate Deputies who represent the area had more problems to solve and, goodness knows, we have enough without the Minister adding to them.

Another section in this Bill which I regard as a good one is the section that encourages old and incapacitated farmers to surrender their land to the Land Commission in exchange for annuities. This is a good thing because it is the only way a considerable pool of land will become available to the Land Commission. However, I warn the Minister that though it looks very good on paper, if will require a considerable amount of encouragement and in some cases pressure on these farmers to surrender their lands. This question of land goes back into Irish history. It is a very troubled question in this country. People think that ownership of land is a great thing and do not like surrendering land, no matter how old or incapacitated they are.

There are some good provisions in this Bill. There is a great deal of good in it in regard to the west of Ireland, but there are certain parts of it which are not so good. For instance, I consider section 27 a very dangerous section. It gives for the first time to a Minister the right to a say in the acquisition and division of land. It used to be said in a rather jocose fashion in North Galway that a certain Deputy divided all the land in the constituency with a poker on the kitchen floor. If this section goes through, it may well be said of any Deputy in the Government Party, no matter what Party are in office, that he can divide the land of the constituency on the kitchen floor.

I see also in the Bill some danger to the personnel of the Land Commission. Heretofore the public have always been able to consider the Lay Commissioners as being completely free of politics, completely in an independent capacity. Now this cannot be said to be so and I do not think it is a good thing.

Sections 12 and 13 are not the best we could have got. They do away with two of the three F's which we held in such esteem throughout the country for so many years. These sections encroach too much on the rights of the individual. One Deputy from my constituency advocated that the Minister should put a ceiling on the amount of land anybody could hold. I know these Deputies were referring to large farms in the eastern part of my constituency where one family might hold a large tract of land, perhaps up to 1,000 acres. The suggestion is that the Minister should be empowered to say that they should hold only X acres and that the remainder should be confiscated. That would be most unwise, in my opinion. It would be a trend in the wrong direction.

The big failing in this Bill is the absence of provision to deal with the acquisition by foreigners of the good land in this country. I know this does not sound logical in relation to my earlier statement on the rights of individuals, but then a woman is not expected to be logical always. It may be said that the Minister would be interfering with a man's right to sell his land to whomever he wished, but if we are to have farms of from 40 to 45 acres, we must have some legislation to deal with the wholesale acquisition of land by foreigners, by non-nationals. It is the duty of everybody in the House to appeal to the patriotic instincts of our people to save this land for our own people. It is a sad admission that something must be done to stop this sale of land to foreigners. It is all very well to promise us another Bill later dealing with this problem. I tell the Minister that something must be done immediately.

Throughout last week I heard Deputies speak here, and I read their speeches in the Official Debates. They laid all sorts of faults at the door of the Land Commission. I agree some of the criticism was well founded. Most of the criticism was that the delay between the acquisition of land and its reallocation is far too long. I hope the Minister will now tell us why that is so. Perhaps it is because the Land Commission must recoup the money they spent on the purchase of the land. If that is so, it is a matter of Government policy and it is something the Minister can remedy.

I have always had a soft spot for the Land Commission. My grandfather was a Land Commission inspector and my father, as a member of the Government, had long dealings with the Land Commission. I know many people who have given long, loyal service to the Land Commission and it riled me to hear statements such as that made by Deputy Leneghan and reported at column 166 of volume 206 of the Official Debates. I hesitate to put the matter on record again by quoting what the Deputy said, but I feel the Deputy should be asked to withdraw his remarks, which were:

It has often been alleged that if you were a tradesman and wanted a job from the Land Commission, you should not go looking for it with a hammer sticking out of your pocket, but that you should go to the inspector's wife with the head of a turkey sticking out from under your coat.

The Leas-Cheann Comhairle then intervened and said:

I do not think the Deputy should criticise officials in that way. The Deputy is criticising people who have no opportunity of replying to him. However, it is the same down in my part of the country.

I think the Leas-Cheann Comhairle was wrong there.

I should like to point out that is an editing or printing error. I did not say the words contained in the last sentence of the Deputy's reference. It is unfortunate that through an error such an improper remark should be attributed to the Chair.

I am very glad to hear it. It is a shocking thing that any Deputy should say these things. If there are irregularities, and I have no doubt there are some, the Deputy knows what to do. He should go to the Secretary of the Department concerned and lay his complaints at his door instead of getting up and flinging them across the floor of the House. The only chance of success for this Bill is that the people will co-operate with the Land Commission by selling any land they do not want. If people are refusing to give this help to the Land Commission at the moment, it is because they have lost faith in the Land Commission and this loss of faith is largely due to statements of the kind I have just quoted. When people read such statements in the Irish Press or the Irish Independent, they say they are true.

Deputy Tully complained about the standard of independence enjoyed by the Land Commission. It is true that when we write to the Land Commission, we often get a stereotyped reply which is useless later for circulation among constituents, but in the west we have solved that problem by writing to the divisional office. I have always got prompt, courteous and explicit replies in that way. It is the duty of every Deputy, and of everybody in influential positions, to encourage people to put their trust in the Land Commission, to accept the fact that the Land Commission are there to help them and not for the purpose of doing them out of their rights. If we do not do that, we have no hope of ever attaining our aim of 40 to 45 acre farms.

I have listened to a number of speakers. Deputy Blowick criticised the Bill and many others could see very little good in it. To my mind, the Minister has tackled the problems which this Bill seeks to solve in a most courageous manner. Through the Bill, he is endeavouring to solve a problem which has existed since the State was founded. While successive Bills have gone a bit of the way, the Minister in this Bill is trying to get to the hard core of the matter.

Deputy Blowick said Fianna Fáil never did anything for the farmers except to squeeze them out. What about the £40 million in subsidies to agriculture? I do not propose to follow that line further except to say the problem we are dealing with now is the biggest in our history of native government and if the Minister succeeds, he will deserve to have a monument put up to him. To eliminate the problem created by the old rundale system I have known since childhood would be well-nigh miraculous. Unless the Minister takes proper powers to deal with it, he will find that certain contrary people who refuse to co-operate will defeat the object of the Bill.

That has been one of our chief difficulties. You might have ten farmers in a district who agree to a division but two would disagree, the result being that division is held up for years. It is up to the State, therefore, to take authority into its hands and the Minister is wise in attempting to do just that in this Bill. He should know the problems, representing an area where there is congestion.

People have expressed fears of section 27. I do not think there is any need for that because I know that the Minister, or any other Minister for Lands, will not interfere with people who have had, through economic circumstances, to let their land to tide them over a difficult period—it may be caused by sickness or death—until prosperity returns. All the Minister has in mind is to deal with absentee owners who have large tracts of land continuously let, people who do nothing else, who have no other interest in their land except in its letting value.

There is no doubt we have had here a serious problem because people have had to leave their land to go away to earn money. Opposition Deputies have been saying it was only during Fianna Fáil administration that small farmers had to go away to make a living.

Fianna Fáil did not keep them here.

Deputy Coogan has spoken. He will cease interrupting.

This has been going on since I was born. Farms have been so small that they were unable to maintain anybody unless the farmer went to the United States or to Australia to earn money and send it back to his wife. The Minister now is trying to make farms economic and the only way of achieving this is through co-operation between farmers themselves. We have seen the fruits of this in the co-operative creamery movement where such great work has been done.

I might say in this context that the old Congested Districts Board in the west of Ireland did a very good job in fostering such co-operation. Their officials advised them and the members knew beforehand the difficulties with which they were faced and which they were able to eliminate by co-operation. This board was amalgamated in the Land Commission but I am afraid the same degree of co-operation has not been in existence. What has been happening is that if people do not like John Murphy down the road, they will not co-operate and jobs will be held up. A lot of the blame seems to lie with the Department of Agriculture. In my constituency, individual farmers have been paying up to £2,000 for machinery which would cater for five or six small farmers.

We have a problem which the Minister, the Department and previous Ministers have resisted. I am dealing with the problem which we have in County Dublin. We have here a large number of conacre farmers who lived on conacre alone. For one reason or another, some of them have succeeded in buying a few acres. Although some of them have succeeded in buying farms, a large number, on account of their overheads being so high, never seem to be able to get on their feet in order to buy a good farm of land. While a farm is divided and a number of the conacre farmers, as we call them, will have had land for donkey's years, under the present administration of the Land Commission and under present Government policy, they are looked upon as landless men. While we look upon these as landless men, will the Minister consider giving such conacre farmers a loan to buy a farm? I think it is mean that people who have proved themselves to be very good farmers should be thrown out on the road side. We have that problem in County Dublin. I have spoken on it on numerous occasions—the conacre farmer with a small bit of land and a cottage.

Another matter that concerns us here is this idea that nobody will get an allocation of Land Commission land on any holding, to be divided in the future or which has been divided in the past, if he is over a mile away from that holding. I believe when we had horses and donkeys on the road, that was wise, but now in the days of motor cars and lorries, it is an outmoded system. It has outlived its usefulness completely and I feel the Minister should increase that distance to at least two miles, and that is only asking for another mile. By so doing, it will bring people near a divided holding, or a holding that will have to be divided in future. I know a number of conacre farmers in County Dublin who have to travel ten, 12, or 15 miles to try to eke out an existence and some of them pay £20 and £30 an acre for conacre.

This is a problem. While we may eliminate uneconomic holdings in one area, we will displace a number of agricultural workers and conacre farmers in another. I feel the Minister should consider this on Report Stage. Perhaps he could consider doing something for the poor well-known conacre farmers who have been an asset to the country and who have been, to a large extent, excellent farmers. He might be in a position to consider them even for a loan to buy land when, under the present policy, they are looked upon as landless men and not considered suitable applicants.

Another thing we have in County Dublin is a number of very bad houses for farmers. Some of them do not come under the scheme but the Minister for Local Government is dealing with the matter as best he can at the present time. We have approached the Land Commission on this matter over the years. The Dublin County Council cannot house them because they are nobody's children. We have a number of very bad mudwalled cottages in north County Dublin, and indeed in south County Dublin, owned by small farmers who are not in a position to get a loan. This is one of our big problems. I have already discussed this with the Minister for Local Government on quite a number of occasions. I know the Minister for Lands has enough problems on hands without taking on the administration of Local Government and Agriculture, but I am merely pointing out to him what he should do here. A good house is essential. It is little use having 40 acres of land unless you have a good home to live in. That is part and parcel of our way of life. Anything the Minister can do in this Bill to see that the homes of our people are improved, and to give them at least a home of which they will be proud, will be an encouragement to achieve greater things.

I welcome the Bill as a courageous measure dealing with a very vexed problem. The Minister, the Land Commission inspectors and the Commissioners and all concerned have a huge problem to cope with and, during the Minister's time of office, if he improves the position, he will have our backing. We wish him luck.

The number of Deputies who have spoken on this Bill is evidence of the fact that legislation for land division is more than necessary. I suggest that the Minister should allow a considerable period between this Stage and the next so that he can fully consider the contributions made by different Deputies in regard to land legislation as a whole.

While I accept the fact that some things in the Bill are satisfactory, I must criticise it for several reasons. First, I believe it is a Bill that is more suited to the west and conditions there than to the country as a whole. Secondly, I criticise it because it has many notable omissions of things that must have come to the notice of the Minister and the officials of his Department. The first things that is advantageous in it is giving the older people an opportunity of retiring without uprooting them. They may stay where they were born and reared and still have a means of livelihood, independent of the younger people who follow them on the estate. They may also retain a certain portion of land to give them a continuing interest in the holding they have tended and to which they have probably devoted a greater part of their lives.

The Minister also mentioned the structural alteration of land holdings to a level of 40 or 45 acres. That is in keeping with overall European agricultural policy but I should like to draw his attention to this. You can give a man 40 or 45 acres in Kildare or Meath and you can give him 45 acres in the west of Ireland or in the hills of Wicklow. He still may not have an economic farm. In a sense, it is a mistake to establish the size of farms by legislation. Although it is a basic approach to the problem, we should not be too rigid in our outlook in this matter. When you pass laws setting the size of farms at 40 or 45 acres, to a certain extent you tie the subsequent administration. The Minister should have qualified that statement. It is a subject I have heard discussed in several countries. It has been considered by FAO and other organisations dealing with lands but it has always been considered that it depends on where the land is and its condition.

There are certain things in the Bill I do not like. One of the good things about land legislation has been that the final arbiter in all things is a quasi-judicial body, the Land Commission. No matter how the Minister glosses it over—I read his speech—the fact remains that he is removing from that body the final say. For the past 30 years, it was outside the function of the Minister to acquire or divide land. The purpose of that was to ensure that land acquisition and division would not be a political matter; that the best and most suitable people would get land. The new legislation seems to alter that and once more places in the hands of the Minister and his inspectors, who are his servants, the right to acquire land. That is a retrograde step.

I believe the Commission have acted fairly in carrying out a difficult job, perhaps somewhat laboriously and rather slowly as is the way of all legal bodies, but at least they have done it in an unbiassed manner. They have tried to meet conditions laid down for them and evaluate all the facts. Whenever there is a question of uprooting people or taking land that appears to be suitable for division amongst small-holders in the area and where it would cause hardship to elderly people, the Commission have left these people there. This Bill is an attempt to meet that problem of old people but there are other problems in which the Commissioners have shown great humanity and commonsense.

It very often happens that a farm is in the position of one that I know in my constituency. The farm may be owned by elderly persons and the land has been taken by farmers in the area over the years. They have farmed it well, perhaps getting greater production than if it were divided. The Commission were satisfied to leave that as it was because as a quasi-judicial body, they have the right to take an independent decision on the views placed before them as a judge does in court. It is a retrograde step to interfere with that function. This is a point of view that may be argued strongly by the other side. Whatever Government are in power and whoever occupies the Minister's position will always find themselves in great difficulties if the decision to acquire or divide land is a political matter. Ultimately, I feel that portion of the legislation will lead in that direction. Perhaps the Minister would have another look at the matter between now and Committee or Report Stage and see if he could alter it in some such way as to leave the Commission the rights they have exercised so well over the years.

I may be misinterpreting the Minister's mind but it appears in another section of the Bill that I do not like that anybody who acquires land outside the congested areas—that will apply to counties like Wicklow, Wexford and many other counties possibly —will revert to double the existing annuity, to the annuity that existed before the annuities were halved, before the Economic War of 1933 or 1934. One can only assume that the Minister is introducing a Bill to place the financial implication of the Bill on these areas, on the counties outside the congested areas.

It seems to me that the land charges already in existence are heavy enough. We know that farmers are going to face increased rates and if the small farmers are going to face double annuities, it will impose an extra charge on them. Everyone in this competitive world has to be put in a position in which he may produce as economically as possible. This is a retrograde step. It may be that I am misinterpreting the mind of the Minister, or what is in the Bill, but that is how I read it, that anyone in my constituency, or in Deputy Brennan's constituency in Wicklow, or in any other constituency outside the congested areas, will have a double annuity if he gets a portion of land from the Land Commission. If such is the case, I would ask the Minister to consider the matter again between now and the Committee Stage.

Many Deputies have mentioned the question of foreigners buying land. There is no doubt that throughout the country there has been a great deal of disappointment because the Minister did not introduce legislation to preserve the land for those who need it. It is not that we have enough land to go around. Even with the best possible Bill introduced by any Government, there would never be sufficient land to meet the requirements of those already sited on the land. To obtain for them the 40 or 45 acres which the Minister has in mind, it would be necessary to take quite a number of people off the land. It is all very well to say that foreigners are not buying very much land. I should like to stress that they are only beginning to look for land here. I will give the Minister my reasons for saying that.

I suppose the Minister has been advised of the value of the land in European countries. The market value of first-class land, apart from building sites and so forth, in Ireland, purely for agricultural purposes, can go as high as £150 per acre. That would be absolutely first-class land in the Golden Value or Kildare or Meath or somewhere like that. To take the question of Germany alone, when I heard that this Bill was coming. I consulted several German Deputies and I discovered that first-class arable land in Germany may run as high as £1,000 an acre. That is apart from land immediately around cities or for building sites or anything like that. The Minister will note the enormous danger there is here and the tremendous incentive there is for rich industrialists to come here to purchase land as an investment or a safeguard or, if you like, a bolthole in case a European conflagration broke out. Land has been steadily rising and this is a problem that not only Germany has to face but which other countries have to face vis-á-vis Germany. There has been considerable anxiety in France because of the high value of land in Germany and the number of Germans crossing the Rhine to acquire land in France. That brought about great differences within the EEC and special legislation was introduced in France and they are in the process of introducing further legislation to defend their homesteads.

It is incomprehensible to me, that after so much discussion in the country about this problem we should have a Land Bill in which there is no specific defence for the national so that he may acquire the land. Very recently, there was a pool of land for sale in my constituency in an area in which there were many small farmers. I went to the Land Commission to ensure that they would take an interest in this particular farm as there were 20 to 25 small holders in the neighbourhood who were interested in the 200 acres involved. This land was widely advertised and I went to the official concerned and asked him if a foreigner came to buy the land, was there anything the official could do and his answer was that under the existing legislation, there was nothing he could do. If the Minister can tell us that there is a safeguard in the matter of foreigners buying land, then I will stand corrected but I cannot see any such safeguard in the Bill.

It is extremely necessary that a matter of such paramount importance should be dealt with when we are discussing a Land Bill and should be incorporated in the Bill. There are many ways in which the Minister could do it. One way was suggested by the Fine Gael Party when they introduced a Bill some years ago and which the Government did not see fit to accept. They had a big majority then which of course has dwindled since and may dwindle more. It was a simple Bill and provided that any foreigner buying land should be asked to register in the Land Commission. That seems to me to be a simple answer to the problem. It means that the Land Commission, wishing to acquire the land and to do all the things the Minister advocates in this Bill, will be secure in the knowledge that they can do that. I do not see how the matter can be dealt with otherwise. Perhaps the Minister may think out some other scheme between now and Committee Stage. It must be crystal clear to him from the viewpoints expressed by Deputies on all sides that this is a really live problem that must be dealt with if we are to have satisfactory land legislation.

There is another very notable omission from the Bill. This is in regard to a problem which does not apply to the west. Perhaps the Minister is not conversant with this problem as conditions in the west are quite different from those in other parts of the country. It is the problem of the landless man. Theoretically, under existing planned legislation, it is possible for a landless man to get land. When everyone else is satisfied, and all the small-holders have been dealt with, the landless man comes into his own. This, in effect, means that he never gets any land at all. In the area I represent in Leinster, and the same applies to Munster, there are plenty of small farmers with 40 or 50 or even up to 70 acres who may have three sons. There is sufficient living on the land for one son, aided perhaps by engaging in the hiring of machinery; there may even be a certain amount of living to be got for the second son; but if there is a third or fourth son, he may take the emigrant ship because there is no living to be gained there for him. If a third son were able to get a division of land and were assisted by the Department of Lands to acquire land, that state of affairs would not exist.

I cannot understand why, when this problem must have hit the Minister and his Department day in day out, and week in and week out, there is not within the confines of this Bill provision to deal with that problem. As the Minister knows there are many people who have no land of their own, who take land from people who do not know how to work it, who keep stock and who give employment and help greatly towards the national production. Such people see a farm of perhaps 500 acres up for division but under existing legislation they cannot get one rood of land. Surely the answer is to introduce legislation so that the landless man should be able to get land where it is within the power of the Land Commission or the Commissioners, as I hope it will be, to consider these men, provided they show that they are able to work the land, and that they are productive. I know many men in Leinster who take out land, who are very fine farmers and very useful members of the community as a whole.

I would ask the Minister seriously to consider this matter when he comes to amend this Bill, as I hope he will amend it. I do not know if the Minister will accept amendments from this side. Our experience so far has been that the Government are unchangeable, are immutable, unless amendments come from their own side of the House. One of our functions as an Opposition is, of course, to discuss Bills and put forward to the House the points we believe should be covered in measures brought before the House.

Debate adjourned.
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