Vol. 438 No. 7
14 Mr. J. Bruton asked the Minister for Agriculture, Food and Forestry the reason there is such a continuing excessive delay in signing the commencement order implementing the Irish Land Commission (Dissolution) Act, 1992; and when he will sign the order.
15 Mr. Deenihan asked the Minister for Agriculture, Food and Forestry the reason there is such a continuing excessive delay in signing the commencement order implementing the Irish Land Commission (Dissolution) Act, 1992; and when he will sign the order.
17 Mr. McGinley asked the Minister for Agriculture, Food and Forestry the reason there is such a continuing excessive delay in signing the commencement order implementing the Irish Land Commission (Dissolution) Act, 1992; and when he will sign the order.
30 Mr. J. Higgins asked the Minister for Agriculture, Food and Forestry the reason there is such a continuing excessive delay in signing the commencement order implementing the Irish Land Commission (Dissolution) Act, 1992; and when he will sign the order.
43 Mr. Carey asked the Minister for Agriculture, Food and Forestry the reason there is such a continuing excessive delay in signing the commencement order implementing the Irish Land Commission (Dissolution) Act, 1992; and when he will sign the order.
50 Mr. McGrath asked the Minister for Agriculture, Food and Forestry the reason there is such a continuing excessive delay in signing the commencement order implementing the Irish Land Commission (Dissolution) Act, 1992; and when he will sign the order.
60 Mr. Bradford asked the Minister for Agriculture, Food and Forestry the reason there is such a continuing excessive delay in signing the commencement order implementing the Irish Land Commission (Dissolution) Act, 1992; and when he will sign the order.
66 Mr. Nealon asked the Minister for Agriculture, Food and Forestry the reason there is such a continuing excessive delay in signing the commencement order implementing the Irish Land Commission (Dissolution) Act, 1992; and when he will sign the order.
67 Mr. Lowry asked the Minister for Agriculture, Food and Forestry the reason there is such a continuing excessive delay in signing the commencement order implementing the Irish Land Commission (Dissolution) Act, 1992; and when he will sign the order.
70 Mr. McCormack asked the Minister for Agriculture, Food and Forestry the reason there is such a continuing excessive delay in signing the commencement order implementing the Irish Land Commission (Dissolution) Act, 1992; and when he will sign the order.
76 Mr. L. Burke asked the Minister for Agriculture, Food and Forestry the reason there is such a continuing excessive delay in signing the commencement order implementing the Irish Land Commission (Dissolution) Act, 1992; and when he will sign the order.
I propose to take Questions Nos. 14, 15, 17, 30, 43, 50, 60, 66, 67, 70 and 76 together.
The Land Commission has been in existence for more than 100 years and its powers and functions are enshrined in a vast body of law dating back to 1881. In view of the complex nature of the issues involved in the winding up of such a body I do not accept that the delay in commencing the dissolution Act has been excessive.
Indeed, I should like to remind Deputies that when the Oireachtas enacted the Irish Land Commission (Dissolution) Act, 1992 it recognised that the proper winding up of the commission would require a degree of careful organisation which should not be pre-empted by an externally imposed date and it consequently provided me with the power to appoint a date for commencement of the Act.
Deputies will be aware that, in addition to abolishing the offices of lay and judicial commissioners, the dissolution Act provides for the transfer to me of the continuing powers and functions of the commission. These include certain judicial powers and certain excepted functions which were previously reserved to the lay commissioners. Arrangements for the exercise and performance of these powers and functions within my Department are at an advanced stage and I hope to be in a position to sign the commencement order in the near future.
As this Bill was rushed through in 1992, I am sure the Minister will agree that there should have been progress. Will he indicate if there are constitutional or legal difficulties regarding signing the commencement order?
I do not accept that the Bill was rushed through the House.
It was rushed through.
Deputies will recall there was a lengthy debate in relation to that proposal. I had hoped that the remaining land owned by the land commissioners would have been disposed of and that is one of the reasons for the delay in signing the order. Unfortunately, there are approximately 1,175 hectares of undivided land on the books of the Department of Agriculture, Food and Forestry. There are legal difficulties regarding the allocation of the remaining lands. The signing of the commencement order should not be delayed further and I hope the Minister will be in a position to sign it in the near future.
Will the Minister indicate where the vesting and mapping sections of the former Land Commission have been transferred? Is he aware that before and since passing the Irish Land Commission (Dissolution) Act, 1992, many people have found it difficult to obtain maps or documents from the vesting or mapping sections of the former Land Commission required for the completion of property transactions? Those documents are inaccessible and this causes major delays and financial expense. The Land Commission is refusing or is unable to make maps available to the Land Registry so that official maps for required lands can be produced.
I am aware that there were difficulties in the past in respect of the procurement of documents to which the Deputy referred, but I do not accept that is the position any longer. The proper storage and filing of Land Commission documentation arising from the dissolution of the Land Commission has been undertaken by officials. I understand there is a good filing system in place and that farmers and property owners can gain access to required documentation. That matter has improved considerably in recent times.
Is the Minister satisfied with the progress to date regarding the redeploying of inspectors from various offices of the former Land Commission? Is it planned to redeploy those inspectors in agricultural or other offices in their locality to avoid their having to relocate to other areas?
The redeployment of former Land Commission officials involves trade union considerations. My Department is in consultation with the respective union regarding the redeployment of staff but this is not an appropriate forum to deal with such a sensitive matter.
There was an extensive debate on the Bill in 1989 but that was not the case in regard to the 1992 Bill, the Committee Stage of which was rushed through the House. Will the Minister indicate his plans for the thousands of acres of commonage to be divided? The future of a large number of farmers depends on the division of this commonage.
I am conscious of the problem of commonage division and I will do all I can in the context of my responsibilities within the Department to encourage and facilitate its division. Arising from the dissolution of the Land Commission we have endeavoured to put in place a framework within the Department to which the powers of the former Land Commission can be transferred. The division of commonage will be included in that framework. The Deputy has raised this matter with me on a number of occasions because of his interest in commonage in the west. I assure him that we are seriously considering this matter and are anxious to expedite the division of commonage, particularly in the context of the new CAP reform measures coming on stream, such as the agri-environmental and forestry schemes. We have a vested interest in expediting the division of commonage here.
Following the dissolution of the Land Commission, are there any plans to transfer the functions regarding the vesting of lands in respect of title documents and so on to the Land Registry so that, effectively, there would be a one-stop-shop regarding land ownership transactions here?
In the short term the powers are being transferred to the Minister and it is up to him to decide how he will allocate those duties. I am sure he will consider the Deputy's suggestion.
Will the Minister indicate how many agricultural inspectors and other personnel are still working in the Land Commission? When does he expect outstanding personnel problems relating to the redeployment of staff from the former Land Commission to be resolved?
I do not have information regarding the number of people employed in the former Land Commission, but I will make inquiries and forward the information to the Deputy. I have already replied regarding the redeployment of staff. We are anxious to ensure a speedy resolution of the redeployment of staff within the Department and it is our aim to utilise to the maximum all the available resources within the Department of Agriculture, Food and Forestry for the purpose of dealing with the ever changing scene regarding various schemes and so on. It involves consensus, agreement and trade union negotiations and I do not wish to discuss that sensitive issue in the Chamber.
In parts of the country traditional right of access to the public will be lost as a result of the division of commonage and areas fenced off. Will the Minister undertake to protect the right of public access and rights of way, particularly in view of the importance of rural areas in respect of tourism? Areas which were traditionally open to the public are now closed. If he pursues his policy of dividing commonage——
The Deputy's question is not relevant to the series of questions before the House.
My question relates to one Deputy Deenihan raised about commonage. Will the Minister provide for the protection of public access and rights of way in the criteria for dealing with this issue?
I am not sure the Deputy's question is relevant to the broader question I am endeavouring to answer. The Land Commission was always extremely sensitive to the legal rights of way and I am sure the position will not change as a result of the transfer of powers to the Department of Agriculture, Food and Forestry.
Public access is a separate issue.
Will the Minister say when land was last bought by the Land Commission and when he hopes the remaining 1,000 hectares will be disposed of?
I do not have the date on which land was last purchased by the Land Commission. There are 1,175 hectares of undivided land still on the books of the Department of Agriculture, Food and Forestry. The main reason that land has not been allocated relates to legal matters, the establishment of title and so on. I had hoped we would be able to dispose of all this land before signing the commencement order. However, I am satisfied that we cannot wait any longer and the Minister hopes to sign the commencement order in the very near future.
The old public office of the Land Commission in Merrion Street has been closed down. Will the Minister say what office is available to members of the public who may have an interest in land ownership and wish to have information on vesting orders, land certificates, maps and so on?
The information is available in the headquarters of the Department of Agriculture, Food and Forestry in Kildare Street, Dublin.
