Skip to main content
Normal View

Dáil Éireann debate -
Tuesday, 15 Mar 1983

Vol. 341 No. 1

Land Bond Bill, 1983: Second Stage (Resumed) .

Question again proposed: "That the Bill be now read a Second Time".

: I had just begun to speak on this Land Bond Bill on 2 March 1983 when the debate was moved for adjournment. To recap briefly, I said that what was introduced as a land bond enabling Bill came to be discussed very widely as dealing with all aspects of land redistribution, making land available and so on. The whole area of land use was discussed. In many of our built-up areas some of our best land is being used for building purposes and also being exploited by the various interests associated therewith.

The value of land as a natural resource can never be over-estimated either here or elsewhere. In our country we recognise that agriculture is of fundamental importance to the economy, a fact readily recognised and accepted by all shades of opinion, rural or urban. The Bill we are now discussing requests this House to make available a major increase in money for the purchase and redistribution of land. In other words we are asking that the existing amount of £105 million be increased to £130 million.

The Land Commission have been much criticised not only in this House in the course of the debate so far but equally criticised and maligned by many people who have at times attempted to get land. Nonetheless, one must say in favour of the Land Commission that they have been highly successful in abolishing the historical form of landlordism and in attempting to vest the land so acquired in many tenants who have very usefully exploited and worked it to date in the interests of the economy at large. That is borne out very much by the fact that there has been no serious agrarian disturbance in this country, a testimony to the achievement of the Land Commission in this respect in meeting the aspirations of many smallholders to acquire additional land.

Much has been said about making more land available and finding ways of regulating the marketing of land in order to improve the competitiveness of the smallholder and at the same time ensuring that those who acquire the land will use it effectively in the interests of the economy. I am anxious to support this Bill because that is the reason for making this money available. On the surface, £25 million would appear to be a significant amount but one must take into account the competitive nature of land deals and the number who subscribe to attaining further land even though it is claimed that there is not the level of profit that one would wish for. When one farmer tries to compete against another, the price of land is driven almost sky high.

The Land Commission, in existence now for over 100 years, continue to operate within a legal and procedural framework essentially designed to safeguard the rights of individual landowners. A land policy seeking to achieve the highest possible level of productivity and more efficient use of our important natural resource has been the subject of debate for many years. A land policy interim report was introduced in this House in 1977, a final report was brought forward in 1978 and a land policy report was presented to both Houses of the Oireachtas in December 1980. That is evidence of the great level of concern shared by everybody with regard to the existing land structures and ways in which they might be improved. In spite of all the worthwhile effort and time devoted to land policy, very little has been done. Successive Governments have failed totally in this regard.

The Land Commission have achieved much and I would be the last person to deny this, although I have certain criticisms of the commission. They deserve a certain measure of commendation for the manner in which they have operated within the legal constraints over the years. The Minister of State, Deputy Connaughton, has aired his views on land structure and what he would like to see happening. The belief that there is a need for restructuring is shared by all farming organisations, and not only those but people outside farming as well. They recognise the importance of land and its full use in our economy. At no time in our history has that been more evident than at present.

Any land reform policy must take account of the existing owner-occupant system of land tenure, which is an historical legacy of the land struggle dating back almost to Famine times. The difficulties over land need not be further exemplified here but, due to the constitutional protection afforded to all property owners, it will be extremely difficult to formulate an acceptable and workable policy on land no matter how desirable that is. The rigid attitudes which attach unwarranted status to land ownership are deep-rooted and ingrained into our minds. There is obvious justification for this, when one examines the long and more often than not bitter struggle in the history of the land, going back to the times of Parnell and of Michael Davitt. Michael Davitt was a great protagonist of land ownership, not for the landless but for those who already had land, by trying to ensure a greater degree of fixity of tenure. The Land Acts of the 1870s, which is not today or yesterday, came in under a different administration, but, nonetheless, some of them achieved a worthwhile purpose. The 1881 Act, which gave rise to the "Three Fs", embodies the first consolidation of land ownership in the minds of the Irish tenant farmers. Parnell fought for that and it was the most significant among his many public achievements in his fight for a measure of freedom in this State. By the time of the 1923 Land Act, 300,000 tenants had been assisted in obtaining land, a significant achievement for which the Land Commission may take credit.

In giving support to this Bill, one must examine the various developments of the Land Acts and the subsequent power assigned to the Land Commission. The Congested Districts Board, which is still in existence, came into being under the Land Act of 1881. This board was merged with the Land Commission in 1923. More or less the same land structure has existed over the last 400 years. A previous speaker pointed out that land bonds were a dirty word in land dealings in rural Ireland. The land bond system was established in 1923, was amended at various stages and in the more recent Act of 1965 assumed its present form.

Land bonds are the most important element in today's debate. In this Bill we are making more money available to the Land Commission to purchase land through the land bond system. The use of land bonds enables the State to finance the land resettlement programme without recourse to public borrowing. That may or may not be an advantage to the State but it has been of no considerable advantage to the landowners who are trying to get rid of land. Today it may not be of great value to the land owners who are trying to acquire land. There is no fixed redemption rate and by far the most hostile aspect of bonds is that they are a form of loan with no guaranteed repayment date. Therein lies the really degrading aspect of land bonds. One can never cash them in at the price one should get for them. They have at times sold at as low as half their market value. The interest rate may have remained reasonably static — 16½ per cent is a reasonable interest rate — and because of that the amount of income derived from land bonds is reasonable. However, people do not want land bonds, they want cash in their hands and that is what I would like to see happening. It may cost the State more money but it would be a worthwhile investment. It is only part of an overall land structuring policy, giving strength and licence to the operating authorities to do the job well.

The amount of land required to fund the existing resettlement programme would be a small percentage of the public capital budget for the current year. Any future land policy, if it is to be at all successful, must take account of buying land for cash. Every Deputy on the far side of the House would agree with that.

It might be unwise to find too much fault with the Land Commission as they have had considerable achievements in land redistribution, in spite of many difficulties. Well over one million hectares of land have been held by the Land Commission at different stages and redistributed by them. The aim in redistributing land should not be economic only. It may have been the case over the years that we looked too much at the economics of land holdings and set our limits at a certain figure. That may bring serious social unrest to the minds of landowners. For that reason many farmers will not offer land to the Land Commission. The family farm is still the basic unit of land use in Ireland and any policy which does not recognise that will be a failure from the word go.

State expenditure on agriculture is a very constructive investment provided it ensures the greatest use of that resource. The Land Commission are not faultless in this respect because often the most deserving applicants — sometimes landless farmers who have worked all their lives on the land and know no other way of life — have been deprived through the framework of the Land Commission from benefiting under land division. I know from experience that land has been taken from under the noses of good farmers, people who have rented land under the conacre system. If they want to bid for a farm they are not allowed to do so because the Land Commission may have given it to people who are not entitled to it because their productivity from the land they already have has not been what it should. Over the years we have seen political and even outside influence being brought to bear when small farms were being divided so that certain people who are not entitled to the land would get it. Whether the land is taken over by the Land Commission or the land agency, the stigma is the same.

The Government have a serious obligation to ensure that any farmer who benefits under the Land Commission's redistribution programme must use the land effectively and to the best advantage. If this does not happen the Land Commission are not doing the job for which they were originally set up.

Another problem with the Land Commission is the length of time they keep the land, sometimes six or ten years. Many people who wish to acquire this land are amazed at these delays but nobody seems to pay too much attention to this situation. To keep land for pasture over a ten year period is not a productive use of the resource, irrespective of the difficulties that might exist — dividing it, registration and so on. It has been said that land is held by the Land Commission until a certain party are in office and the land can be divided among their friends.

Let us take as an example a 100 acre farm at £2,500 per acre, and paid for by 16½ per cent land bonds. The amount required to service that annually would be £41,250. The farmer gets his 16½ per cent land bonds and the Land Commission pick up the tab. The commission persist in parcelling out that land on a yearly basis to the detriment of the economy and to the coffers of the Land Commission. The most they will get for that 100 acres would be £100 an acre — and very few farmers will pay more than that because if they did they would not make a profit. That means the commission take in £10,000, losing £31,250 on the operation. If that land is sold it will cost the farmers between £350 and £400 an acre. That is not a viable operation. I suggest that the Minister make money available to the Land Commission to eliminate that type of wasteful land use and give the land at a greatly reduced annuity to farmers who will make effective use of it or allow them the opportunity to buy it.

The Minister's views on this subject are laudable, but how effective he will be remains to be seen. If the commission wish to divide a farm they might help the farmers. If a 100 acre farm came on the market it could cost £2,000 or £1,500 an acre. If the price is higher the farmers could find themselves in difficulties, as happened in the seventies. In many cases those farmers are now unable to meet their interest repayments. Perhaps the commission might make land available at a fixed rate so that the farmer would know exactly how much interest he would have to pay each year. I am sure there is an EEC scheme which could help in this area.

Mention has been made of the farm retirement scheme which has been disastrous so far as making land available for redistribution is concerned. At various times I have attempted to explain the value of this scheme to individual farmers, but to no avail. Those who opted for the scheme are now very annoyed. Eighty per cent of all land ownership transfers occur through inheritance or succession. First we had estate duties. Where a succession took place and the transfer was dealt with a number of years before the death of the property holder, there was no duty; but that changed under the Coalition programme in the middle seventies. The taxation to be paid now in such cases is more severe. That situation should be looked at very critically to ensure that there will be a greater flow of land and that farmers will not be prevented from passing land to their sons, nephews or nieces. I know nephews and nieces who lived with their uncles for 20 or 30 years, with no fixity of tenure, but because of their interest and commitment to the land, they stayed on, only to find that when the eventual transfer was put through they would have been better off if they did not get the land. This puts a millstone around their necks while at the same time the Revenue Commissioners are prosecuting them for estate duty. This is an area that must be looked at seriously. We must make the distinction between the man who is committed to the land, who knows no other way of life, and the person who is left a legacy of land. We must make use of the legislation to protect, assist and help in every way possible the person who is using the land to the benefit of the economy.

The farm retirement scheme came into being under the terms of a 1974 EEC Directive but since then fewer than 600 farmers have availed of the scheme and the amount of land released in this way has been only of the order of about 22,000 acres. It is possible that even without the retirement scheme that quantity of land would have been released anyway. We must make it easier for farmers who have toiled all their lives to transfer land that will be put to better use. Too much of our land is under-utilised. After all the years that these people put into farming the least we might do is give them the non-contributory old age pension. Some of these people would have lived on a mere pittance although making a major contribution to the economy. They would not have drawn any social welfare or received handouts of any kind during their farming years. In some cases there are difficulties about ownership and so on but we must strive to eliminate whatever anomalies exist in this area so as to facilitate the transfer of land and in that way improve considerably land mobility.

A great number of Irish farmers are more than 65 years old. That is a situation that we must do everything possible to change. Farmers regard land ownership as bestowing a significant status. They do not wish to pass on land to sons, daughters, nieces or nephews for fear of losing that status. One can hardly blame them for this after they have spent all their lives on the land. We must not turn them out as paupers or put them on the unemployment heap after they have contributed so much to our economy.

The voluntary retirement scheme, too, has been unsuccessful. Indeed, one might regard it as a total failure. Of the 37 who opted for this scheme in 1980, 30 sold their farms while seven opted for the 12-year leasing scheme.

In a statement to the Farmers Journal of 26 February last, the Minister expressed concern about the low rate of land mobility. Open market transfers account for as little as 15 per cent in this regard and associated with that, though perhaps more important, is the fact that 57 per cent of those buying land on the open market are not full-time farmers. I have no objection to non-farmers buying land. We must not be too restrictive in this matter because there may be people who have tried other ways of life, who may be once or twice removed from the land, and who now wish to take up farming. It is likely that to prevent them from buying land would be unconstitutional. Therefore, that is a matter that must be taken into account in the formation of any land policy. There is nothing wrong with the property market when it is open and free. The way to make progress in this regard is to allow the Land Commission to buy land for cash and then to distribute it to people who are prepared to use it effectively and to the overall benefit of the economy. We all know that a greater level of productivity is necessary even from the land.

I agree with many aspects of the Minister of State's proposals. he tells us that the purpose of the land agency is to promote the more effective use of land. Whether we have a land agency or a Land Commission there will not be any great difference. I would be concerned that people wishing to sell their property would have to make overtures initially to the land agency. This would seem to me to be an infringement on a person's right within the terms of the Constitution. A farmer wishing to sell land should be allowed to put his property on the open market. We should not be afraid of allowing that to happen. I am confident that the policy that the Minister has outlined will be successful but we must be prepared to pay for the land. The same is true of any market. If people have something to sell they are entitled to a reward for it. The same goes for the urban Land Bill. Both pieces of legislation are equally contentious. What is so different between urban land, whether for use in the industrial or the housing scene, and land that becomes available for use in the agricultural sense?

For a number of reasons, the long-term leasing scheme deserves consideration. I would not wish to think that we were returning to the days of the landlord when people with money could acquire large amounts of land and let it out. However, the land agency will have a significant role to play in the acquisition of land and in its distribution to young farmers who are better educated, better trained and who have a much deeper interest in learning the skills of farming than the older type of farmer had but these young people are not in a position to pay £1,500 or £2,000 per acre even in the event of land being available freely. The interest rates would prohibit them from getting a worthwhile return for their investment and their effort. Therefore, there is an obligation on the State to acquire the land in the first instance and the State must also make sufficiently attractive and worth while the farm retirement scheme. The land agency must do whatever ground work is necessary in order to ensure that land falls into the hands of the right people.

For a number of years past I have been concerned with the question of the taxation of profits on farming. To some extent the PAYE sector are guaranteed an income. The same can be said for business people but the position is different for many farmers. None of us is too concerned about the farmer who is doing well and who is able to pay his taxes but over-taxation would lead only to a disincentive situation. That fear is being expressed already. We may have got over the initial problems of farm taxation but in this respect we must take into account a number of factors, apart from the vagaries attached to the growing of a crop from one year to another. A crop may not be successful and there is an element of risk attached to investment in farming. In fact, that risk is greater in farming than in industry although industrialists may disagree with that notion.

(Limerick West): With respect, the Deputy is straying from the terms of the Bill.

: I agree. The Deputy should stay with the terms of the Bill. The matters he is referring to are relevant to the budget debate.

: I am referring to taxation and that is relevant.

: It is not relevant to the Bill. The Deputy will have an opportunity to refer to that matter in the course of the budget debate.

: An interest rate of 16½ per cent is a tax.

: The debate on the budget will be resumed tomorrow and if the Deputy wishes he may contribute. The Deputy should confine himself to the terms of the Bill before the House.

: Many of the matters referred to were irrelevant. I would have been pleased to confine my remarks to the terms of the Bill but, having listened to the contributions on 2 March, I decided otherwise. On that day Members dealt with a wide range of topics and they were given a certain amount of latitude.

: Is the Deputy questioning the ruling of the Chair?

: I am not. I am questioning the point of view put forward by the Opposition. They should learn to confine themselves to the terms of the Bill. I will do so from now on. The Land Commission is in need of a radical shake-up and any attempt by the Government to change its structure should be concerned with toning down its influence. The Government should ensure that land shortly after it is purchased by the Land Commission is made available to farmers who have the capacity to use it to the full advantage. Representations with regard to Land Commission problems have occupied a lot of my time and that has convinced me that the Government should have a serious look at the operation of that body.

Late inheritance, which has been discussed, must be discouraged because it leads to a low level of resources. It is because the social status we attach to land is so deep rooted that we find it difficult to change that. We must be careful about it because it is highly emotive and sensitive. However, legislation must take account of the inherent problems which any movement in the ownership of land gives rise to. We should give incentives to old people to get them to dispose of their land. I support the Bill and I hope it will achieve what the Minister wishes. I hope that the land in the possession of the Land Commission will be distributed speedily to people who will make the most effective use of it.

: I was surprised to read that the statutory limit has been increased from £105 million to £130 million for the creation of additional land bonds because the Land Commission have purchased a small amount of land in recent years, especially in County Kerry. I approached officials of the Land Commission recently and suggested that they purchase estates in County Kerry but I was informed that they were not purchasing any more land. That surprised me and it is one of the reasons why I could not understand the decision to introduce this Bill. I should like an assurance from the Minister of State that when the Bill is passed he will give permission to the Land Commission to purchase more land, particularly in County Kerry where there are many estates suitable for allotment available. It takes the Land Commission a long time, following acquisition of an estate, to allot the land but that has been speeded up recently. In County Kerry the Land Commission took over a number of estates six or seven years ago but they have not yet obtained vacant possession. I have made inquiries about this matter and the Land Commission put up a number of excuses such as that they were getting legal advice but the Minister should take an interest in this and ensure that the Land Commission get vacant possession as soon as possible and allot the land to adjoining farmers.

The Land Commission have cut back considerably on the amount of land being acquired. In the course of his speech the Minister said that fewer big estates were becoming available and of those that were many were not suitable for division. The most suitable estates for division consist of between 60 and 100 acres. I do not agree with the Land Commission purchasing large estates and dividing them up between farmers from different counties. It is wrong to move farmers from their own environment. It would be better policy for the Land Commission to purchase small estates and divide them up among farmers adjoining them.

I should now like to deal with the question of viable holdings. The Land Commission were one of the first bodies established and since that time a viable holding has been regarded as 47 acres. Many people in rural Ireland would laugh at that. The number of acres constituting a viable holding should be increased substantially to 67 or 70 acres. There are several reasons for this. When an estate is being divided a farmer who has 47 acres adjoining that estate does not qualify for an allotment from the Land Commission. The failure to increase the acreage of a viable holding has denied many small farmers land to which they should have been entitled.

There has been much criticism of the Land Commission, both in this House and elsewhere, but I feel they have done a fair job. In my county they have given many farmers viable holdings and enabled them to improve their land. There were several years during which the Land Commission should not have purchased land. This was the time when land was making between £3,000 and £4,000 an acre, while we were told by the Agricultural Institute that agricultural land was worth about £1,800 an acre. Many farmers and business people paid inflated prices and these are some of the farmers who are in financial difficulty today. The Land Commission would have great difficulty in getting small farmers to let the land they purchased at that time. Land is now being offered for sale at between £1,000 and £1,500 an acre and it is an opportune time for the Land Commission to purchase estates. They should be encouraged to purchase as much land as possible while prices are reasonable.

New legislation should be introduced to give the Land Commission additional power. I suggest that they be enabled to make subsidised loans available to farmers to assist them to purchase small parcels of land adjoining their holdings. This would enable many small farmers to improve their holdings substantially without waiting for the Land Commission to purchase the holding and divide it. They should have two policies running side by side so that they can purchase land themselves as well as giving farmers the opportunity to make use of loans over, perhaps, a 30-year period.

We should encourage farmers to transfer their holdings to their sons at a younger age. In the past no duty was payable if a farmer transferred land to his son but this practice was discontinued in the recent budget, thus removing the incentive for farmers to transfer their holdings. Perhaps the Minister would encourage the Minister for Finance to withdraw the budget provision.

I support a policy of long-term leasing. A person who has a short-term lease is not encouraged to fertilise the land but if he had a long-term lease he could plan for perhaps ten or 15 years ahead.

The Land Commission have done a good job in my county in dividing up commonage. In Kerry we often have six or seven farmers grazing perhaps 100 or 200 acres of land in common. All their cattle or sheep might be running together. The Land Commission brought all the farmers and land owners together and agreed with them to provide the land. This afforded an opportunity to those people to improve their holdings. The Minister should encourage the Land Commission to engage further in this activity and ensure that common land is allotted to people who have grazing right there.

The Land Commission dealt in the past with much turbary land. They allotted plots of bog to local farmers with adjoining lands. Fuel, especially oil, has now become very expensive and in my county they are cutting as much turf now as during the war. The Land Commission should be encouraged to buy turbary land and allot it both to small farmers and to people living in towns who also have a great interest in turbary.

There is a great connection between the Land Commission and the Department of Fisheries and Forestry. The Department of Forestry deal with land for planting. It might be more suitable if the Land Commission were linked with the Department of Fisheries and Forestry rather than being linked with the Department of Agriculture. The Land Commission and the Department of Forestry acquire land and take over land. I believe those Departments were merged in the past. Will the Minister of State make the money available to the local Land Commission offices in the different counties to enable them to acquire as much land as they possibly can particularly as land is so cheap at the moment. It can be purchased for £1,000 or £1,500 an acre.

: I support the Second Reading of this Bill. I will be reasonably brief because I see little merit in repeating ad nauseum a lot of what my colleagues have said, particularly as I agree with what they have said. Further, I find myself agreeing with a lot of what the Opposition have said with regard to this Bill. Deputy McEllistrim should take a closer look at the Minister's speech. He started off his comments by asking why did the Land Commission need £25 million more of land bonds when in his county and elsewhere they were not purchasing land at the moment and had not been for a while. If the Deputy looks closely at what the Minister said he will see that this Bill is purely an enabling measure and if £25 million worth of bonds are not needed they will not be created. The Minister thinks this will be the top limit of what is needed in the next two years. It is in that spirit we are discussing the Second Stage of this Bill.

I support the Bill as being necessary at this time when the Department of Agriculture and the Minister of State responsible for the Land Commission have a chance to look at the entire functioning of the Land Commission. I am not happy and have not been for some time about what I consider to be the general impression given by the Land Commission to the people on the ground, particularly small farmers who may not be interested in their activities. The Land Commission for some time have been surrounded with too much secrecy, too much cloak and dagger activity. It has been too hard for the ordinary person to know exactly what is going on, to know who is actually entitled to land from the Land Commission, who qualifies, where and why. I would like to see a much more open structure here with it laid down quite clearly and publicly who might qualify for what and where.

This would be of tremendous advantage to all sides and it would put a lot more confidence back into the operations of the Land Commission. The Land Commission have done great work over the years but because of the furtive nature of the way they have carried this out they have been their own greatest enemy.

There is one particular area where I would like to see immediate activity. A scheme was brought in some years ago under which elderly farmers could retire if they allowed the Land Commission to take over their holdings. This was not a success. There are a lot of farmers, particularly in County Wexford, in small holdings which are now uneconomic. They would gladly retire if by accepting a pension from the State they could ensure their land was taken over by one of their sons or some other member of their families. I would prefer to see the State give a pension to a man who has worked hard all his life rather than give unemployment assistance to a farmer's son on an uneconomic holding. There needs to be a lot of investigation into this area. Many farmers would retire immediately and young people would be put into active jobs on the land. This would increase productivity and increase the social structure of our society whereby young people are not just automatically put on unemployment assistance in rural areas because they have nowhere else to turn.

I accept that the greatest problem here is the under-use of our lands. It occurs in some areas more than others. It is not a major problem in County Wexford, but we have small and uneconomic holdings. I agree with the last speaker that we should raise the limit in respect of land which is considered a viable holding. In this day 40 to 50 acres cannot be considered viable particularly in some parts of the country where it depends on the type and fertility of the land.

We must immediately look at the problem of short-term leasing whereby farmers rape the land for short-term gain but at little long-term benefit to the land they are using. You cannot blame farmers, considering the price of fertilisers and the general price of farm inputs. It is very hard to fertilise and look after land if you are not sure how long you will have it, whether it is for 11 months, two years or some longer period. If there were a long-term leasing system, a minimum of three years, there would be some encouragement to the farmer leasing that land to look after it and put some input into it in return for what he might get from it. In that way when he leases land or leases again after three years or some other period, it would be in much better condition and would be fit ot produce far more than under the short-term grab and take attitude which has to prevail at the moment under our existing system.

I would like to see the Land Commission — I agree with speakers on both sides of the House here — getting involved in supporting groups of small farmers who are in the market for buying holdings adjoining their land. I would like to see us move towards the system where land bonds are abolished altogether. I do not like them. Many people in rural Ireland are afraid of them and they do not like the connotations of them. They served a purpose and were good in their day, but we are rapidly getting to the end of the road with regard to the land bond being of any use in rural Ireland. If the Land Commission, by subsidised loans or directing farmers how they go about their operations, giving them legal advice, helping them with transfers of property, could act as an agency for small farmers trying to increase their holdings and make them a viable, that would be far more satisfactory.

I would like to see the Land Commission being completely open in how they operate. That is the first essential. I know the various officials and the people working for the Land Commission in rural Ireland have worked hard over the years. One wonders now, with the decline in the amount of land bought by the Land Commission over the last few years, how they can justify having the same number of people in employment in this area. I am sure it can be justified, but because of the secret nature of the operations of the Land Commission the people on the ground cannot see what is being done and what return for money there is in the service being given.

In County Wexford there is far too much land in Land Commission ownership which has not been handed out. I do not believe we are any different in County Wexford in this regard than other counties. There should be a minimum time in which the Land Commission can hold on to holdings, particularly when there is an immediate need for them and there is a large number of small holdings in the area which need increased acreage to become viable. We must watch the way the holdings are given out. I have great confidence in the Minister and his Department in the way they will handle this. Over the years this system has been open to criticism. Things have been done and people have got holdings and one wonders why and how. The question must be asked: was political allegiance held in certain quarters? It is not good enough, when we are talking about our prime national asset, our land, if everything is not straight, open and clear-cut when it comes to distributing land. I cannot accept that as a system which should be continued.

I have covered the main points I feel particularly strongly about. I will not repeat, for the sake of repeating, the points my colleagues on both sides of the House have made. I support the Second Stage of the Bill in the hope that it will not be too long before we will have a complete revision of the structure of the Land Commission and before land bonds will have reached the end of their day.

I urge the Land Commission and those responsible for the operation of their policies to be more sensitive in their dealings with smallholders. I will give one example. A family were put at risk and a marriage broken in the last year or so in County Wexford because of compulsory acquisition of 35 acres. The man who owned the 35 acres married into another small property, a 45 to 50-acre farm. He married and went to live in his wife's home place and he was 20 miles from his own 35 acres. That out-farm, his original farm holding, is being acquired by the Land Commission compulsorily. He is beng forced to accept land bonds. They are people who are not well off, who have a very small holding. Land bonds are absolutely useless to them for the future. He would gladly accede to the Land Commission's wishes if they would pay him money at reasonable market value for his property.

I accept that cannot be done under the present structure. Because he married into his wife's place he is almost blaming her, in a paranoid way, because of worry about the future, having to sell up his own place. That is but one example of the lack of sensitivity in the dealings of the Land Commission with people on the ground. I urge the Minister to consider opening the books of the Land Commission so that there would be an open structure and everybody would know what is happening and why it is happening. If we can move to such a situation in the next few years we will have done a good day's work in this area.

: I welcome the provisions of the Bill which propose to provide for an increase in the number of bonds to be made available by the Government and the Land Commission. However, we should be moving away from the bond system. Even though the return from bonds is very good, farmers who sell their land have a fear of land bonds because of uncertainty about future markets. Naturally they would prefer cash. They would opt for it in preference to bonds at any time, no matter what the land bond market prospects are.

Tied up with all this is the decision not to provide as much money as heretofore for the Land Commission to enable them to acquire land in areas of serious congestion. Also tied up with it is the decision of the Government to abolish the EEC Farm Retirement Scheme this year.

As we know, that was a very successful scheme in many parts of the country, particularly in South Kerry. It was only in recent times, as its importance and significance and its value became known, that it was availed of by farmers of more than 55 years of age who wished to sell land. I know quite a number of cases in which such farmers sold land to the Land Commission for market value. They were paid in cash under the EEC scheme and they got gratuities and pensions for life. It was becoming a very popular scheme and I am disappointed the Government decided not to continue it. I should be obliged if the Minister would state in his reply what percentage of the purchase price of these holdings was coming from the EEC.

Now that the Land Commission's operations are grinding to a halt as a result of the reduction in the amount of cash being made available to them and the fact that the EEC scheme has been abolished, the Land Commission should become involved in many other activities pending the provision of a proper financial structure in relation to land purchase and division. I should like to see them involved in the acquisition, division and allotment of turbary. In many counties, particularly Kerry, there is a great demand for turf. There are large turbaries in certain areas which the Land Commission should be and are quite capable of moving into, acquiring them and dividing and allotting them to householders. This should be undertaken at an early date so that the bogs could be allotted before the coming summer.

Deputy McEllistrim referred to the division of commonages. I am particularly interested in this because there are many commonages in south Kerry which should be divided. I know of a number of applications before the Land Commission for some time. It appears to me that one objector can hold up division of a commonage no matter how justified the case for division may be. Is this right, and what is the legal position? It appears to be most unfair if one person can hold up the division of a commonage, no matter how small or large it is. Particularly in relation to sheep farming, commonages must be divided and fenced off properly to enable sheep farmers to provide for the proper management and care of their flocks.

I suggest that more details should be revealed regarding the Land Commission's system of adjusted acres in connection with the activities in land division and assessing farmer applicants for land. I am anxious that such details should be revealed because I believe the system of adjusted acres could be taken into account and substituted for the PLV system which was thrown out the window following the High Court case of the Wexford farmers and which will have a very serious impact this year and next year on smallholders in the western counties, particularly the south-west. I think the Land Commission's adjusted acres system, if the details were revealed and we got to know how it operated, could be used as an instrument to substitute for PLV.

In my opinion the Land Commission should provide some scheme which would enable them to act for and on behalf of groups of farmers in the purchase of substantial holdings when they come on the market. I visualise such a scheme for smallholders who decide to put up the capital, but to get the Land Commission to buy the land as agents. Before committing the Land Commission to buying the holding, the smallholders would have committed themselves to a division of the holding so that there would not be any misunderstanding after the purchase. This would be a worth-while scheme. Smallholders living in the vicinity of a farm which is for sale may be in a position to buy it as a group, but they have not got the proper procedure or machinery to make the purchase. The Land Commission should examine this proposal.

They should compile and maintain in each county a register of smallholders who are interested in and qualify for additional land. With a shortage of cash and financial resources, the Land Commission staff could be usefully employed in compiling such a register. It would be of tremendous assistance to them when a substantial farm comes up for sale. It would be easy to keep the register updated.

The activities of the Land Commission must be clearly associated with the development of agriculture. That is why I am surprised at the decision taken by the Government to drop the EEC farm retirement scheme. Congestion is as serious a problem as ever despite the Land Acts and all the activities of the Land Commission. Congestion is as serious as ever in the west and the south-west including county Kerry. It is not good enough to bring in Bills from time to time permitting the Government to increase the amount of money available in bonds for land acquisition. Far-reaching imaginative and radical plans and policies should be prepared to relieve congestion in the west and south west.

Smallholders have achieved peak production but their units are too small to allow sufficient net profit to be made to enable the landowners to rear and educate their families without taking off-farm employment, which is not desirable from many points of view. It is not desirable because the smallholder occupies a position which could be taken up by a landless person. It is not desirable that a landowner should spend his day away from his holding. So long as we have congestion and so long as we have smallholders who have reached peak production and must get off-farm employment, it will be necessary to provide more and more finance for the Land Commission.

Special aid should be made available to small farmers who acquired Land Commission land at a very high uneconomic rent. These lands were purchased by the Land Commission when land was making over £3,000 an acre. Repayments to the Land Commission impose a severe hardship on farmers who were allotted land. Special financial aid should be made available to them to bring the rents back to an economic level.

Deputy Dowling referred to political influence in the decision-making process of the Land Commission with regard to acquisition and distribution of land. I have never come across this in my experience in public life over the past 16 years. Cases are being made daily on behalf of people who are seeking land and I am not so naive that I do not know such representations are taken into consideration in competition with other applications. I have always found the Land Commission officials at all levels impartial and courteous in carrying out their duties.

More money should be made available to the Land Commission as a matter of urgency. There is growing despondency among smallholders as they see larger farmers going from strength to strength while they have reached a peak which does not enable them to rear and educate their families. There should be a sense of urgency about providing more money for the Land Commission. I am surprised and disappointed that the EEC farm retirement scheme was abolished by the Government. I ask the Minister of State to use his influence with the Minister and the Government to have this scheme reintroduced. It was working well and it was just taking off when it was abolished.

: My first duty is to welcome the Minister of State. I know his heart is in the land and with the small farmers. I am sure his efforts will continue until the Land Commission has been improved. To say that a change in the operations of the Land Commission is needed is the under-statement of the day. For a good number of years the Irish Land Commission has been redundant, so to speak. I often wonder whether there is a misunderstanding between the Land Commission and the land owners. The vast majority of land owners would prefer to see anybody approaching their homes rather than a land inspector or anybody associated with the Land Commission.

Since land was first divided farmers have felt that when the inspector from the Land Commission was near their farm the land would be taken from them. I should like to see the day when the inspector could approach the home of a farmer knowing he would receive the same welcome as would be given to a cattle buyer. Until we have that situation there will always be a certain reserve and doubt about the system. When a farmer wants to sell his property he does so quietly. It has often happened that people who buy land are not in the same category as a number of people in the area who could use it. Much of the situation that exists at the moment is due to land bonds. Despite the fact that recently interest on bonds has held, there is the fear in some people when they receive land bonds that they receive only paper with no guarantee that they will be paid for their land. This can be a severe disadvantage to a man with a family and it is hard to blame people who have certain doubts about land bonds.

There is too much delay in the division of land and I do not understand the reason. It will be said that the Land Commission will have to get some of their money back before they divide land but the farmers concerned suffer much anxiety and frustration because of delay in the division of land. Deputy O'Leary or some other speaker spoke about political pressure. There is no doubt that much anxiety is caused to people who wish to get extra acreage. When land is set for grazing, farmers outbid one another because they believe if they have some of the land for 11 months they will get priority in the event of land division and very often they pay out large sums of money for grazing. They buy and keep stock because they want to give the impression to the inspector that they are good farmers. When a farm is taken over it should be divided as soon as possible. A delay of nine or ten years will mean that many of the people who qualified initially are now too old and have not the same incentive to work the extra land.

I am not too happy about the one-mile limit. That might have been all right 25 years ago when it would take a man three hours to travel a few miles by horse and cart. Nowadays a farmer will use his jeep or car and will arrive at his destination in a very short time. It would be much better to extend the limit to four or five miles at least. The landless man should also be considered in the event of land division. I have in mind a person living in a cottage who is anxious to keep five or six cows. Such a person will probably have taken grazing but he will not be considered by the Land Commission because he is a landless man. There is what is known as an accommodation holding comprising five or six acres but that is of no use today. The landless man should be given priority and if he is given the opportunity he will probably prove to be a very efficient farmer.

Another aspect is the amount of acreage necessary so far as viability is concerned. If one makes representations to the Land Commission on behalf of somebody one may be told he already has 45 acres. However, according to the EEC view 45 acres can no longer be regarded as a viable holding. That figure should be doubled and then we would have fewer sales and transfers. There would be a greater incentive for sons to remain on the farm rather than going to, say, Alcan or some other industry at Shannon or throughout the country. The position at the moment is that the farm income is not sufficient to keep sons on the farm. Naturally when they get a taste of the bigger money outside and when they follow the city lights they are not inclined to return to the farm. There should be an incentive to keep sons on the farm to work with their father. At a time of high unemployment, we must do everything possible to ensure that boys and girls can remain on the family farm until they marry and go to another farm.

When land is divided and the rent is assessed, for the first few years that rent may be far in excess of a farmer's means. There should be some scheme, something on the lines of the Housing Finance Agency, to assist people in the first five years. The period could be extended at the other end and this would be helpful. We should have some scheme to help young farmers, by way of subsidy, for the first five years.

Consideration should be given to providing a pension for farmers. I was glad, therefore, to read in the Farmers' Journal that the Minister of State referred to the fact that social welfare should be extended in that field. They should be encouraged to hand their land over to their sons when they are still young. No progress has been made in this regard over the past ten years and I hope, within the next five years, that the Land Commission, in their new form, will give the service to the farmers which was originally intended.

: I would like to take this opportunity of thanking the many Deputies who have contributed to this debate. We had a very wide-ranging discussion on all aspects of land commission activity and future land policy and I have taken very careful note of everything that has been said. I would like to congratulate Deputy Noonan on his appointment as spokesman for agriculture. They could hardly have picked a better or more suitable person. He and I have long associations with the same farming organisation and he has added his own page of history to agriculture over the years. I am sure he will continue to do so. I should also like to congratulate Deputy Byrne and Deputy Kitt.

This is basically an enabling Bill and the fact that we are increasing the amount of land bonds from £105 million to £130 million, does not necessarily mean that there would be an uptake of that kind in any one year. The amount to be spent in any year is entirely at the discretion of the Minister for Finance. We have about 7,000 hectares of land in the pipeline at present and a fair proportion of the money we are speaking about will go towards paying for them.

Many important points have emerged from this debate. When we speak about the Land Commission we are talking about an agency that has achieved much over the years. However, what was good for agriculture 30, 40, or 50 years ago might not necessarily have the same effect today. In the last nine or ten years I would have preferred to see the Land Commission change in line with the problems we have today. There have been detailed contributions by many of the speakers because most Deputies realise that it is time for the direction of the Land Commission to be changed. I came into this Department with an open mind and I have been very involved over the years with all aspects of Land Commission policy. As many speakers have pointed out, it does not make much difference what the new body is called but the time has come for the Land Commission to adopt the role of a development agency. This is a very important part of agriculture, even more important than the FDS and the advisory service. They are all correlated in so far as the development of farms is concerned.

Several speakers mentioned that the old image of the land commissioner will have to be changed because he is now coming for different reasons than heretofore. I hope the Land Commission will have a policy of development, growth and integration with other aspects of agriculture which, in the heel of the hunt, will give farmers a better standard of living.

One of the first tests I was given when I came to my Department was to look at land policy. I am delighted to say that many aspects are now being looked at very comprehensively. This review is well under way and no single element or factor will cure our problems. That will only be done by a multiplicity of lines of thought. That is why all land policy over the years has been very difficult to articulate and to legislate for. I firmly believe we have reached a period where there is clamour for change. There is too much land lying under-utilised and, with scarce native resources, we cannot allow that situation to continue.

The Bill proposes to increase the land bond limited by £25 million. Many Deputies were wondering how that money would be spent. Rural Deputies will understand that there is a big time-lag between the time a section 40 order is served and the time the land bonds are issued. It can be a fairly long period so it is very difficult to say exactly how much of that increase in the land bond allocation is required. However, I said in my opening speech that the acquisition programme must be curtailed. Despite what some Deputies have said, that the time is now opportune for the Land Commission to buy more land because of the market value, most people will understand that land which is purchased at £1,200 or £1,500 per acre represents a huge loss in its resale to the Exchequer. If a subsidy was not paid by the Government on land purchased at £1,500 per acre, farmers would be asked to pay £160, £180 or £200 per acre per year annuity. I do not have to tell the House that no farm could pay that and still make a profit. Therefore, we have to subsidise the resale of land purchase generally. When we have problems with our budget, it is unreasonable to assume that any Government can keep on acquiring land under the same acquisition procedure that we had in the past.

However, the acquisition powers that the Land Commission have are important in the context of some of the ideas that I have for the Land Commission. As times change attitudes change and now there must be great hope for the concept of a combined purchasing arrangement between local farmers. One problem over the years has been that when the Land Commission acquired land, for various reasons well known to the House that land was not divided for four, five, or even ten years, and when it was divided, because of the Act it was divided for the relief of congestion and not specifically related to the congest who was best able to use it. Over the years people have got land from the Land Commission and worked extremely well with it, increased the output and had a better standard of living. However, many people who got land, because of lack of education, resources and so on were not able to make the mark that was necessary and some of that land remains under-utilised even to this day.

We should at all costs take note of the special circumstances of small farmers. Being one myself I am not likely to lose that idea. Group purchase is a scheme whereby a number of farmers in a townland would come together — as under for instance the group water schemes, a concept that is well known in rural Ireland — and in close liaison with the Land Commission would decide to purchase on the open market. I want to ensure that no matter what Land Act is passed we will always have the concept of free sale. It is near and dear to us and is enshrined in the Constitution. In case anybody might have any anxiety about the whole question of controlled sales I want to go on record in this House this evening as stating that I wish to ensure that we will always have free sale. However, that does not necessarily mean that there might not have to be curbs on certain types of purchasers. Group purchase should work on the basis that, first of all, only people who are very interested in getting additional land, and who incidentally might well have to borrow the money, are the people most likely to want to work the land to a plan drawn up by their ACOT adviser and so on. As well as that, it would overcome the problem of the land bank being created by the Land Commission because on the morning after the sale, all things being equal, the people in this group purchase will be able to go in and start to farm that land. This type of scheme has a great role to play particularly in the small farming areas, and I will be asking my officials around the country to look closely at this and give every facility to any group who apply to them. Our officials in the Land Commission are a reservoir of knowledge on matters relating to sub-division of holdings and we will be only too delighted to make that knowledge available to small farmers who come together on a joint purchase.

However, some additional measures must be taken and these are under consideration also at the moment. I suppose the chief of those measures would be that the Land Commission should have the power to control the sale of land through legal and fiscal means to ensure that small farmers get priority. It is a well-known fact that certain persons who had fairly large salaries, such as businessmen, professional people or indeed foreigners for that matter, were able to buy land that was badly needed for small farmers in various counties. We must legislate to ensure that that will be cut to a minimum, and various schemes have been suggested over the years to effect that. At the moment we are looking very closely at methods by which we could achieve that purpose. This could be done in a number of ways. The acquisition powers that we have might be used to some degree or there might be a question of an overall surcharge on certain types of purchasers who in the view of this House should not have top priority as regards that land. Those are the kind of things that we are looking at at the moment and I tell this House that the Government are committed to a land reform policy.

Another very important aspect of any land reform policy and any policy aimed at getting greater land mobility must be land leasing. This is a slogan that has been bandied around a great deal since we joined the EEC in the early seventies but for one reason or another it has really not got off the ground. First of all, we were speaking of the farm retirement pension scheme and the 12-year lease. I suggest that a 12-year lease might not be the best starting position. It might well be that to many elderly Irish farmers 12 years would seem quite a long time and they may feel that they would be at the end of their life-span by the time the 12 years would be up. However, I am encouraged by a number of items I have seen in the past year or 18 months that would lead me to believe that there is a great future for a certain type of land leasing. I might refer to one or two of them, for instance the land bank at the sugar factory in Tuam where a farm is leased on a three-year basis. In most counties in Ireland the predominant method of leasing is the 11-months system and for anybody who has any interest in Irish agriculture you could hardly have a worse system. It has been adequately mentioned on a number of occasions here today that an 11-months land leasing will not increase productivity to any great degree. The step from 11 months to three years, to five years to seven years is a step in the right direction. I must pay a compliment at this stage to a number of bodies who have gone to great lengths to prepare a certain type of lease which could be referred to as a master lease. The ICOS are to the fore and together with the IFA, the Incorporated Law Society and others are trying to ensure that we have the type of lease that will stand the test of all courts. At the moment I am studying a lease that would appear to meet the demands of the day and that at the same time from a constitutional point of view will stand the test. Of course, the acid test is that the person who is renting the land at the end of his seven-year lease would just pull up his plough and get out through the gate, and that the owner would get his land back with no strings attached. From what I have seen already I am satisfied that this is possible.

With regard to land leasing, it is important that our Land Commission give an undertaking not to cast their eyes on land which has gone through this process, with a view to its acquisition. There is a real fear among all farmers that land let for any period of time might be sought by the Land Commission, but this fear is ill-founded. It is important to ensure that as many acres as possible are got into full production.

A number of Deputies have spoken in this debate on the question of the Farm Retirement Scheme. Deputy O'Leary was the only speaker who considered it a success, most Deputies saying, as everybody knows, that it is not working. It is only partly correct to say that this scheme has been completely suspended. Part of this scheme is suspended, but if any retiring farmer wants to take part in the scheme he is entitled to do so and will get a pension and a premium, provided he sells his land to a developing farmer. I want that explanation put on the record of this House. However, that is only part of the story. An imaginative and workable farm retirement pension scheme is vitally necessary. I have long held the view that elderly folk should be encouraged, with no compulsion whatever, to see where their own best interests lie. We must devise a retirement scheme which is acceptable, individually and socially. One of our difficulties is the great attachment, particularly on the part of old farmers, to the land as a status symbol, giving them an air of respectability and independence as the actual registered owner of the holding.

: Not any more.

: The farmers might not all be as progressive as those in Wexford. With a little extra imagination and with help from Brussels, an acceptable farm retirement pension scheme can be worked out. I have noted what many Deputies said about the in-built desire in most rural people to receive the old age pension when they attain the applicable age.

: And a medical card.

: And a medical card and free travel. The farm retirement scheme looked very good ten years ago and the Ceann Comhairle was involved with it in 1972 or 1973, but it never succeeded to any great extent and has no future. Certain guarantees may have to be given which might not cost the State too much — the small things of life. This could create an administrative problem, but we would have to solve that.

Several Deputies mentioned the problem of commonages — their division or non-division. This is becoming a huge problem which successive Governments, Ministers and Deputies have discussed for years. Deputy O'Leary mentioned several cases in County Kerry where five or six farmers were in agreement to a division of the commonage and there was one objector. Because of this objector the division could not proceed. One could take legal proceedings, but these are very cumbersome and, because of that, people do not use them. I have noted the problem and have asked the legal people in my Department to have a serious look at it. I am not a legal man, but I passionately believe that greater good of the community must have priority. If six people out of seven are in agreement, it would make very good law to allow 75 per cent of all participants to bring about the division of the commonage and we should have an easier system for allowing that to happen. In the underdeveloped and severely handicapped areas, this is a great obstacle to production. In the not too distant future I hope to find means of strengthening the law with a view to solving this problem once and for all. Under the western development programme there is great scope for a great emphasis on the division of commonages in the north-west. For the first time this programme can be accelerated and, with a strengthening of the law, we will be on the right track.

One very important aspect to be considered in future legislation concerning the Land Commission is the extent of land rearrangement. Nobody is more suitably qualified to help farmers with rearrangement propositions than the local inspector of the Land Commission office. Many farmers have land in five, six, or seven places and one can imagine the time lost in working between these and the amount of fencing to be done — and the bad neighbourliness which can result from this fencing. There is need for a national land rearrangement policy and I shall be taking the matter to Brussels in the next few months to see if the authorities there will look favourably on the financing of such a policy. Its absence is a barrier to production. These improvements will bring a new air of optimism to Irish farming, will help to boost production and bring an improved standard of living to more Irish farmers.

Finally, I found the debate most encouraging from the point of view that the majority of Deputies see the need for change. Anything connected with land structuring and land reform policy must be well thought out. The surveys carried out, the papers written and the seminars held over the years have given us sufficient information to put forward a meaningful and imaginative policy.

I congratulate and thank most sincerely all the Deputies who contributed to this debate and hope that in the future we will have legislation in this House which will do what most Deputies would like the new Land Commission to do.

Question put and agreed to.
Agreed to take remaining Stages today.
Top
Share