asked the Minister for Lands if he will introduce at an early date a scheme to divide commonages, especially the more viable ones, in order that they may become more productive under individual ownership.
Ceisteanna—Questions. Oral Answers. - Division of Commonages.
30.
(Cavan): I would refer the Deputy to a reply which I gave on 8th May, 1973, to a question about the division of commonages. Legal and administrative procedures, including compulsory powers, to facilitate such operations are in existence and are being operated by the Land Commission.
Would the Minister say if he would bring in amending legislation or make orders simplifying procedures because procedures are cumbersome and the fact that so many commonages exist shows that the current legislation is not sufficient to do the job quickly? Would the Minister consider amending existing legislation?
(Cavan): In my opinion the legislation and the regulations that are there are adequate to divide commonages provided one gets the goodwill and co-operation of the owners. I do not think any legislation would improve the situation unless it were possible to devise legislation which would change the human approach to things and I doubt if legislation would be helpful in that respect. It is a human problem.
I agree that there is a human problem, but one must also remember that there are large areas of commonage which, due to the human problem, are derelict. They are not viable and they could be made viable and, in order to make them viable, it is necessary to bring in new legislation.
May we have a question, Deputy, please?
Does the Minister not have power to acquire parcels of land compulsorily? It may be that he should apply that provision to portions or fractions of commonages owned by certain——
This is a very long question, Deputy.
Would the Minister not consider compulsory acquisition?
(Cavan): We have adequate compulsory powers and, if compulsion would solve the problem, everything would be all right. In my opinion, compulsion never solves problems; it only leads to further problems, with bad feeling and endless trouble. I had an opportunity of seeing some commonages in the Erris district of Mayo, three large tracts of commonage, and I am pleased to be able to tell the Deputy that in two out of three of these— there were about 30 people involved in each case—full agreement was reached. The Land Commission is now stripping the ground and providing money for fences and so on. In the third commonage, about two out of approximately 30 involved are not willing as yet to co-operate, but negotiations are continuing. There is a massive community job to be done by voluntary organisations and, indeed, by Deputies and others in those areas in which you have this commonage problem. I am convinced from my short experience, and it is short, that it will not be possible to divide commonages and leave behind one a reasonably happy state unless one gets the goodwill of those involved.
How can the Minister get community effort or goodwill in the case of a person who emigrated 30 or 40 years ago? His ownership of fraction of the commonage may hold up everyone else.
(Cavan): In the words of a former distinguished Member of this House “There is no problem” whatever there because, if there is no owner or no one claiming ownership, there is adequate machinery at the disposal of the Land Commission to take the commonage over.
He may be claiming ownership but he has not got the community spirit.
(Cavan): If he is illegally claiming ownership he will bedevil the situation.
That is what I am asking the Minister to remedy.
(Cavan): I will consider the matter, but I do not believe the Deputy believes one can by compulsion get people to agree with one another.
Not all of them.