asked the Minister for Lands if there are still loopholes in the Land Acts which allow foreigners, through the manipulation of shares, to acquire Irish land.
Ceisteanna—Questions. Oral Answers. - Land Acquisition.
20.
There are no loopholes as such. The transfer of control of a company by means of a transfer of shares is governed by subsection (5) of section 45 of the Land Act, 1965. This provides, broadly, that if a company passes into the control of a non-qualified person, this fact must be reported to the Land Commission. The subsection further provides that should the Land Commission then institute acquisition proceedings for that land, the ordinary defences against acquisition would not apply.
Due to the complexity of company law and structure this was the only practicable measure of control that could be devised. This provision was brought specially to the notice of the Dáil by the Minister for Lands in the course of the debate on the Committee Stage of the Land Bill, 1963; columns 1168 and 1169 of the Official Report of 19th November, 1964 are relevant. The actual purchase of land by companies is controlled by subsection 2 (a) of section 45 of the Land Act, 1965.
Is the Minister telling the House that it is not possible to prevent aliens from buying land simply because they can manipulate in this way? Is he satisfied with that position?
What I am telling the Deputy is that where the company passes into the control of an unqualified company this fact must be reported to the Land Commission. The Land Commission can if they wish, so far as I am aware, decide to acquire the land. If they do the ordinary defences are not acceptable in such cases. However, they can also decide for some other reasons that they will not interfere.
Is the Minister aware that a large estate in County Meath has now passed out of the hands of a German to a Swiss company by this arrangement? If the price makes the land unattractive to the Land Commission this kind of arrangement can continue. In the case I have mentioned, is the Minister aware that an Irishman was prepared to pay more than the Swiss company but he could not get the land simply because they wanted to transfer it to a Swiss company?
I am aware of the transfer but I am not aware that an Irishman was prepared to pay more money.
Yes.
The information I have here is that the employment provided has been good. Five local men are employed full-time——
The Minister knows about the particular case?
Of course I know about the case. In addition, a council man is taken on in the summer and I would assume that because of the fact that worthwhile employment is being made available the Land Commission decided not to intervene.
What guarantee have the Land Commission that the Swiss company will do the same? At least they had a guarantee that the Irishman who wished to buy was going to carry on the same business.
One would assume if the Swiss took over this particular estate that they also would carry on the same business and give the same employment.
How can one assume that?
Nobody can be certain in any case that whoever took over this estate would carry on the same business.
Obviously the Minister is not worried about aliens taking over Irish land.
The Minister is worried about it but the Deputy did not think that the Minister knew about the case he had in mind and that he knew the facts in connection with the matter.
Is the Minister aware that all an alien has to do is to tell the Land Commission that he proposes to start a stud farm and they will let him buy any land he wishes? Is this not so under section 45 of the Land Act?
I do not accept that. What I said is that it is quite possible that if they say they are going to start a stud farm the Land Commission will accept that this is so. However, I do not accept that if they carry on in some other manner afterwards that they will be permitted to do so.
Is the Minister aware that once they have permission the Land Commission have no hold over the farm? Section 45 is being abused right, left and centre by the Land Commission.
I am sure the Deputy is aware that the Land Commission can go for acquisition if they wish——
But they do not.
This is a newsy item. Am I to assume from the Minister's statement that an alien can buy a farm in County Meath, where the land is supposed to be the best, by assuring the Land Commission that he will employ five or six men?
The Deputy is quite wrong in his assumption. This is concerned with the transfer of control of a company.
That is not what you said.
The Deputy should read what I said. I am not to blame if the Deputy cannot read.
I can only hear what the Minister said.
I am calling Question No. 21.