asked the Minister for Lands when the appeals tribunal dealing with the acquisition of an estate (details supplied) at Gortnagross and Tooradoo, County Limerick received the case; the progress made to date by them in dealing with it; and when they will reach a conclusion in the matter.
Ceisteanna—Questions. Oral Answers. - County Limerick Estate.
4.
(Cavan): The case referred to concerns an appeal to the appeal tribunal against an order of the lay commissioners disallowing an objection to acquisition. The Deputy will appreciate that since such a matter falls to be decided by the appeal tribunal—which consists of a judge of the High Court —it would be inappropriate for me to deal with the matter here.
I want the Minister to know that I appreciate the position so far as the judiciary is concerned. Is the Minister aware that this case has been dragging on for quite a long time and that the people anxiously waiting for the Land Commission to sub-divide the farm amongst the smallholders are becoming very worried because it is taking so long?
(Cavan): I am indeed so aware. The objection by the owner was disallowed in 1974 and an appeal to the appeal tribunal —which is in fact the High Court— was lodged by the owner. But, at the same time, or thereabouts, the owner either commenced or gave notice of his intention to bring proceedings in the High Court to challenge the constitutionality of the Land Acts and the procedure in the High Court before the lay commissioners. These proceedings were instituted. I can tell the Deputy that the matter was mentioned at the sitting of the appeal tribunal on the 21st of this month and has now been set down for mention before the Appeal Tribunal on 12th July.
Questions Nos. 5 and 6 postponed.