Despite the undertakings given by the Minister, I have certain grave fears about this section. Let me say at the outset when the Minister was so ready to preface his remarks with the statement that I represented a ranchers' constituency and that I was putting forward the ranchers' views, I can assure him that in the constituency which I have the honour of representing there are pockets of congestion as great as there are in any part of County Mayo, and I am very familiar with the problem of congests.
I am so familiar with the problem of congests that I am quite satisfied it is a national problem that must be solved and must be tackled. I am quite satisfied that the approach which the Fine Gael Party are taking is the most satisfactory manner of solving the problem of congestion. We all know there are congests in every part of Ireland. We all know there is insufficient land in the country to give every applicant a portion of land but I am greatly afraid that section 34 holds a high degree of insecurity for certain persons whose intentions are good. Whilst the Minister may tell us that such persons, because of domestic or financial circumstances, will not have their land interfered with, I want to say that it is only an expression of opinion on the part of the Minister.
I am sure the Minister must have asked the officers of his Department to brief him with statistics, with special reference to this section, dealing with the number of holdings set, sublet or worked by the owner himself for part of the year who for another part of the year must emigrate. I am satisfied that there are a number of such small holdings, as I am equally satisfied that this Bill is designed to bring within its clutches small holdings in the same manner as big holdings. Surely the Minister was wrong in trying to convey to this House that any of us on this side of the House, or indeed in any part of it, were trying to defend the absentee landowner, who is living abroad, not depending on his holding for a livelihood, who may have other vast sources of income, or indeed the alien gentlemen he has referred to in another county. We are not concerned with those people. On the contrary, we want to help the Land Commission and assist the Minister's Department in focussing the attention of the Commissioners on such holdings, with a view to having them acquired and divided amongst the local smallholders and deserving applicants.
When we see that a section such as this holds out fear for people who are not economically in a position to work their own holdings, either because of the size of the holding or because of domestic circumstances, the fact that the Minister gives this House a guarantee does not mean that such people are safe from the clutches of the Land Commission. I would have expected the Minister to have had from his advisers a suitable amendment to relieve the anxiety and worry of the many smallholders today and, indeed, reasonably good farmers who have draw farms to which the Minister has not referred.
There are numerous farmers in this country today who have two and three well-worked farms. Deputy Fanning of North Tipperary painted the clearest picture here. He is a good farmer and knows the conditions of the farmers who have these draw holdings for the purpose of settling their sons or daughters, or for the purpose of subsidising the holding on which they live. He reasonably inquired and solicited the support of the Minister to guarantee and ensure that the lands of such honest, hard-working farmers would not be interfered with. I am quite satisfied that, whilst the Minister agreed that there are special circumstances— and he quoted the circumstances— which the Land Commission will consider, when this section is passed and becomes law, he cannot stop the Land Commission from making a survey of every acre of land where the owner is working in Britain, Scotland or America, or even those who have come to the city to work. I think it is unfair and unreasonable that any man should be put to the trouble, expense, inconvenience and torment of having to consult his solicitor, pay costs and have a case prepared to bring to the land court and present it in such a fashion as to enable him to retain his lands.
Everybody knows that no worthwhile farmer will leave his farm. That is the first consideration. The farmers love their farms and their land and take great pride in them. I want to assure this House that, while this is so, there are numerous draw farms, the owners of which are now in dread and fear that these farms will be taken from them. I have referred three times today to the question of the draw farms. The Minister has deliberately made no reference to them on every occasion. This leads me to believe that when this Bill is passed, the Minister and his Department, no matter what the circumstances may be, will concentrate on the man who has a holding on which there is no residence and which may be some distance away from his main holding. I am also quite satisfied that there are dairy farmers in milk-producing districts with draw farms, who, when their stock go dry, shift them over to these draw farms and leave them there. I am afraid these people will be greatly disturbed and this section involves a high degree of insecurity of tenure for them.
The Minister has taken what we have described as the three Fs—fair rent, free sale and fixity of tenure—I suppose one thousand times and has torn them into shreds ten times over. It is a bad thing that this House should see the freedom we have enjoyed on the land being in any way disturbed. I feel the Land Commission may be inclined to let the Minister see how quickly they can get their work done and the moment this section of the Bill becomes law, notice will be served on every landowner who, because of domestic circumstances, must leave the country or leave his land. I can assure the Minister that this is a measure which has caused, and is causing, a great measure of worry and insecurity for these people. I am sorry we have reached the stage at which such provisions might be included.
I cannot accept for one moment the excuse the Minister gives this House, that his desire for such power and authority is solely in the interests of the congests and those who reside in congested districts, and that he is so anxious to see what he describes as the family farm of 45-50 acres. This House should view with serious concern the fact that we will provide with additional land and dispossess other people against their wishes of land they may have had in the family chain for hundreds of years.
In regard to the companies owning land, I should like the Minister to make a statement on the difference between native companies and alien companies. There is a difference. That in itself should be referred to by the Minister for the records. Many landowners, or foreign companies, for the purpose of expanding agriculture or increasing the amount of livestock on the land, have invested considerable sums in farm buildings, drainage, silos and other means of modern farming. There are many of those enterprising people giving good employment. Because the lands are owned by companies, they should not be the subject of special attention by the Land Commission, if they are well worked and giving good employment. I agree there is a considerable difference between that kind of company and the type of alien company who control certain lands. We shall have an opportunity later of discussing the subject of the purchase of land by aliens in all its aspects.
In the meantime, we should have from the Minister a statement in relation to the difference in the Land Commission approach to native companies and foreign companies. I have very great sympathy for the landowner who works with the object of providing farms for members of his family. We have in many parts of Ireland a love of land which is hereditary, where young people now in agricultural colleges learning modern methods of farming are anxious to take over their fathers' farms, whose fathers have been industrious hardworking people. It is regrettable that the Land Commission should take such farms away.
The farms I am speaking of are the draw farms which I mentioned earlier. In all such cases, the Land Commission should consider very seriously the ability of the farmers involved to work their land and whether or not they have sons and daughters to settle on the land. It is the duty of the Land Commission to give every encouragement to industrious farmers who have earmarked such draw farms for sons or daughters.