Seanad Éireann debate -
Wednesday, 1 Dec 1954

Vol. 44 No. 5

Mortmain (Repeal of Enactments) Bill, 1954—Second and Subsequent Stages.

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

Minister for Justice (Mr. Everett)

The purpose of this Bill, which was prepared at the instance of the previous Taoiseach, is to repeal the Mortmain Acts. Senators will have copies of the Explanatory Memorandum which was circulated with the Bill, so that I do not think I need say very much on the provisions of the Bill.

The Mortmain Acts are now for all practical purposes obsolete and the only instance where they arise is in regard to the granting of licences to foreign corporations to hold land. These licences are granted from time to time as of course. Any alien may acquire land in his private capacity so that if a foreign corporation desires to acquire land, it can in effect do so by taking the land in the individual names of the members of the corporation or by forming a joint stock company in this country. Even where a foreign corporation purchases land in the name of the corporation, the Irish Mortmain Act of 1792 simply provides that the land shall be forfeited to the State. Alienation in mortmain does not vest the land in the State. It merely gives the State a right to enter on the land but to complete the title of the State entry is essential, and, until entry is made, the corporation may retain the land. It is extremely doubtful if any machinery could be devised under the existing law whereby the State could effect its rights of entry. For that reason the Mortmain Acts do not provide a proper and enforceable remedy where a foreign corporation acquires land without a licence under the 1792 Act.

I recommend the Bill to the House. The Mortmain Acts were originally measures against religious corporations. We have no longer any such corporations in this country. Under the Constitution every religious denomination has the right to own, acquire and administer property. Ordinary business corporations are dealt with under the Companies Acts.

Dr. ffrench-O'Carroll

This Bill is like a number of smaller Bills which we had recently. It is so uncontroversial that it is uninteresting. It seeks to remove quite a number of Acts from the Statute Book which, apparently, serve no useful purpose and most of which are no longer effective. Apparently, the Mortmain Acts are still effective in regard to the question of foreign corporations holding land in this country. As the Minister stated, in those circumstances it is necessary for the Minister either to give a licence or for the foreign corporations to adopt some legal advice to circumvent the Act. I think the Minister has done a good job in bringing the Bill before us to rid the Statute of these unnecessary Acts. He has probably carried out what most of us would describe as nipping off a good deal of bureaucracy.

Mr. Kissane

I think the introduction of this Bill is a step in the right direction. It is about time that the people in control of the State would examine how many obsolete Acts there are on the Statute Books and get rid of those that have no practical application to the affairs of life to-day. There is not very much to be said about the so-called Mortmain Acts. They are of historical importance now. They were first introduced for the purpose of preventing certain communities, mostly religious communities, from acquiring more property than it would be good for the State that they should acquire.

There were several of these Acts. The time has passed when they can be of any practical use. With regard to the question of the acquisition of property in this State by foreign companies, that is, to my mind, a very delicate matter and would require the most careful consideration of whatever Government would be in power. We have heard a lot in the past about ordinary individuals who have come over here and purchased land. The policy that made it possible for them to do that was condemned at the time but I submit it would be worse if any situation would arise where they would encourage foreign companies to come over and acquire property. However, that is a matter for another day.

As I said at the commencement, it is a good thing to get rid of these obsolete measures and I would advise the Minister and the Government to have another look at the Statute Book and find out how many more Acts, going back to the time of Queen Acts, we can get rid of and which are hardly ever quoted except, perhaps, by some legal luminary in some part of the country for the purpose of mesmerising the court.

Tá fáilte agam roimh an mBille seo agus tá a fhios agam go rithfidh an Seanad é gan mhoill.

Mr. Crosbie

With my colleagues on the other side of the House, I welcome this Bill. It is what might be described as a piece of spring-cleaning legislation. All good housekeepers, I understand, hold a spring-cleaning once a year in which they not only clean up the houses generally but get rid of such articles as may have become obsolete and cumbersome during the course of several years. Quite frankly, I must admit that they get rid of things in the domestic sense which are most dear to the heart of man. This is a spring-cleaning of the Statute Book. It is a small step. Like Senator Kissane, I trust the good work of clearing the Statute Book of obsolete legislation will continue.

Mr. Everett

I am very pleased that all Parties agreed on this measure. I am very proud of the fact that I was able to help remove from the Statute Book what the previous Taoiseach was so anxious to remove. I can assure the Seanad that the question of getting rid of all the old useless Acts is under consideration. We hope to have a Statute Law Revision Bill brought before the Oireachtas in the reasonably near future. I am certain we will receive the same co-operation when I present the Bill as I received tonight. As was pointed out regarding foreign corporations acquiring land, that can at the present time be done indirectly by the members of a corporation acquiring land individually or by the corporation registering in this country as a joint stock company.

Bill passed through Committee, reported without amendment, received for final consideration and passed.

Business suspended at 6 p.m. and resumed at 7 p.m.