asked the Minister for Lands if the Land Commission exercise any authority over lands that have already been allocated.
24.
Ceisteanna—Questions. Oral Answers. - Control of Allocated Land.
23.
Mr. Lynch
Mr. Lynch
asked the Minister for Lands what control, if any, the Land Commission have in relation to State lands which have already been allocated, and in relation to the use being made of such lands.
25.
Mr. Lynch
asked the Minister for Lands the qualifications which applicants must have for allotments of land by the Land Commission.
With your permission, a Cheann Comhairle, I propose to take Questions Nos. 23, 24, and 25 together.
To qualify for additional land a smallholder must reside within a reasonable working distance—normally a mile—from the land being divided, be dependent mainly on land for his livelihood and own not more than 45 acres of good land or its equivalent in land of mixed quality. In the selection of allottees, emphasis is placed on the farming competence of the applicant. Land may also be allotted to former employees on estates acquired by the Land Commission.
In exceptional circumstances the Land Commission may allot amenity or accommodation plots to persons outside these categories.
In the case of migrants, the main criterion is the suitability of the surrendered holding for land settlement purposes. The standard form of purchase agreement signed by an allottee provides, amongst other conditions, that he will not sell, alienate, sublet, subdivide or part with the allotment until vesting has taken place and that he will work the land in accordance with proper methods of husbandry to the satisfaction of the Land Commission. The allottee also agrees that in case he makes default in any of the terms of the agreement, the Land Commission may recover possession.
After vesting, the land would be subject to the provisions of section 12 of the Land Act, 1965, which prohibits the letting, subletting or subdivision of an agricultural holding without the consent of the Land Commission.
Would the Minister not agree that when migrants give up even a small portion to the Land Commission in exchange for a holding, it is vested in them immediately and therefore the terms the Minister has quoted do not apply to them?
Does the Deputy mean the reference I made to the conditions under which the allottee holds land pending vesting?
No, after vesting. He is vested immediately.
It is not an appreciable time anyway.
No. In fact, is it not possible for somebody to give away four or five acres of land in one part of the country and be given 45 acres or more in another part of the country with a house and sell it within a week or a fortnight?
I do not accept the basis on which the Deputy asks the question, that he would give up four acres and get 45.
It has happened.
Assuming that a person qualifies in respect of what he has given up for a holding as a migrant or otherwise, the vesting takes place immediately, virtually, and the only disability under which he suffers at that stage after vesting is the prohibition in section 12.
If I put down a question would the Minister be able to say what information he has with regard to the number of times this has occurred over a period?
Perhaps the Deputy would put that down in the form of a written question.
Could the Minister tell us what is prohibited by section 12?
It prohibits subletting and subdivision without the consent of the Land Commission.
For how long?
Indefinitely. Permanently.
Does the Minister know this is happening?
It could not happen.
Will the Minister agree that despite the statement he has made, the local inspectors adhere rigidly to the provision relating to one mile? No matter how badly in need of land an applicant may be, if he is 50 yards outside the mile he will not be given a farm?
We blew that sky-high recently.
Many deserving people failed to get land in the past because they were 50 or 100 yards outside the mile.
That usually happened where there were more than enough applicants within the mile. It is not a fact that it is rigidly applied.
I know young men with large families who lived 50 or 100 yards outside the mile and they failed to get land. Inside the mile single men and in some cases old bachelors and very old people got land. The man who is most entitled to it and who would make the best use of the land should get it irrespective of the distance because with tractors and cars a mile makes no difference.
Perhaps the Deputy will develop that in the succeeding Estimate?
I intend to.