asked the Minister for Lands if, when negotiating a regional policy, he will seek a derogation from Sub-section 3e of Article 54 of the Treaty of Rome, in accordance with sub-section 2 Article 39 of the Treaty, so as to prevent nationals of any community state whose principal or primary occupation is not or was not as a farmer from purchasing land in the regional area so as to allow the Land Commission complete its restructuring of farms from as big a pool of land as possible.
Ceisteanna—Questions. Oral Answers. - Restructuring of Farms.
14.
As the Deputy is aware, the purchase of rural land in Ireland by non-nationals is at present controlled by section 45, Land Act, 1965, which provides that such land cannot be acquired by non-qualified persons without the written consent of the Land Commission. Very limited exceptions to this are now provided for in accordance with EEC directives in force before our accession to the Community.
The general question of the right of establishment on agricultural land has not yet been decided in the European Economic Community. A draft directive in the matter has been before the Council of Ministers since 1969. If and when it comes forward for adoption we will be in a position as one of the member states of the Community, of having a full voice through our representative on the Council whose concern it will be to ensure that our special interests are taken fully into account.
The Minister will accept that nationals of any Community State include nationals of this State and the purpose of the question is to get an answer from the Minister for Lands and the Land Commission as to what proposals they can take to prevent people of this State and of any other State who are not farmers or were not farmers from buying farms in competition with the Land Commission or with persons in farming and to know if the Minister would recommend that some thought be given to this for the purpose of designing some method of preventing this happening.
The protection which the Deputy seeks and with which I am in sympathy will be available to this country and its farmers when the terms of the draft directive which has yet to be considered come to be finalised. The Deputy can be assured that our particular interests having regard to the importance of our stock of agricultural land will be maintained. I sympathise with the motivation behind the Deputy's question and I can assure him that the Land Commission are anxious to ensure that the interests of agriculture will be maintained.
Would the Minister state when a new Land Bill will be introduced?
I have no information as to whether there is likely to be a new Land Bill or what the need for one is.
Is it likely that there will be a new Land Bill introduced in the coming session?
I have no information on that.
In view of Deputy Gibbons' question, I think we need a new Land Bill because we have to amend the existing Act.
The nature and scope of the amendment will not be apparent until such time as the draft directive is ready to be adopted and until we see clearly the terms of the directive there would be no point in drafting consequent legislation.
Will this House get any opportunity of discussing the terms before a final decision is made?
Yes. The European Communities Committee at present being constituted will have every opportunity to discuss this matter and Deputies will be involved.
Can the Minister tell us what action the Land Commission have taken in Europe regarding this draft directive?
That is a separate question.
I am not aware of what action has been taken. As indicated in the reply, the draft directive has been before the Council of Ministers since 1969. When it comes forward for adoption, at that stage we will be in a position to put our views forward.
Have you been studying this and making a case that the Minister will put before the Council of Ministers when the time comes?
Yes. I think I can assure the Deputy that the Government and the Land Commission are very concerned about this and the interests of Ireland as the owner of agricultural land and the farming interests generally will be thoroughly and well-represented at the appropriate time.
The Minister will agree with me that the standard question seems to be the question of taking over land from middle-aged people and dividing it among their neighbours. Does he not agree that there is a big question of the bigger farms and will the Land Commission continue to take over those farms for the restructuring of land?
I am not aware that there will be any change in Land Commission policy in this regard. The Land Commission will continue to carry out their statutory function which is to acquire for the relief of congestion lands which are suitable for this purpose and which can successfully get through the acquisition proceedings. There is no change in policy.