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Seanad Éireann debate -
Wednesday, 24 Feb 1965

Vol. 58 No. 12

Land Bill, 1963: Report Stage (Resumed).

Debate resumed on amendment No. 29.
In page 14, to delete lines 33 to 40 inclusive and substitute:
"Notwithstanding anything contained in subsection (6) of section 40 of the Land Act, 1923, as amended by this Act and section 12 of the Land Act, 1950, for the purposes of expedition it shall be competent for the Land Commission to authorise a senior inspector to initiate acquisiton proceedings."

The only other thing I might usefully add in dealing with the purpose of this section and this amendment is to give the House some examples of the number of things which a Minister for Lands must delegate to different officials, as well as the Commissioners, under the existing law. The section with which the amendment is concerned will enable the Minister for Lands to do the same things as far as these inspection notices are concerned. For instance, as the law stands, consents to subdivision or subletting are in the hands of the Minister for Lands and, under a delegation order, he authorises his officials to deal with matters of that kind which could be very important in particular cases. Similarly, he has the power in giving decisions, for instance, to refuse consent to subdivisions or sublettings, amendment of vested lists, to grant or refuse lettings of such things as sporting rights or fishing rights, to take possession of untenanted land or holdings, to deal with the possession of lands for default of rents, to deal with turbary plots, to amend schemes to be re-arrangement schemes, to deal with schemes for the adjustment of boundaries or areas, to deal with parcels that are let to tenants under purchase agreements and generally with purchase agreements, to terminate grazing agreements, to approve of the sale price scheduled for an alternate holding, to deal with sales of parcels of land and, in fact, to deal with all types of re-arrangement schemes, including the allotment of lands under re-arrangement schemes to particular tenants or to decide, where there is a recalcitrant man under a re-arrangement scheme who is not prepared to accept what the Land Commission is giving him, to bypass him and give it to somebody else.

All these matters are theoretically in the power of the Minister for Lands for the time being and he delegates all these matters under his order and seal to different officials or classes of officials working in his Department. He would have to do that to get the job done. While the mover of this amendment does not suggest, as has been suggested by some other Senators in this House and, indeed, as has been suggested elsewhere, that the power sought in this section might be abused for political purposes, I am giving instances to the House where a Minister for Lands, if he were so minded and so penal, would have ample room under the headings I have read out so to act. Such a Minister could exercise what one would call political skulduggery or political manipulation under the re-arrangement schemes and under the various matters to which I have referred.

The amendment reads: "...for the purposes of expedition it shall be competent for the Land Commission to authorise a senior inspector to initiate acquisition proceedings". The section, as it stands, removes any doubt as to who had this power in relation to the operation of the section. Any successor of mine would make a similar order under this section to deal with all the things I have read out. Indeed, that is not a full list at all. I have here a whole file of orders I must make — or any Minister for Lands must make — to delegate power in order to carry out the various matters which are prescribed by law, under different Land Acts, to be carried out by the Minister for Lands.

Under the section power will be delegated to the division inspectors to sign an order authorising a quick inspection of the lands brought to their notice. It is also for the purpose of obtaining a report on these lands to enable the Commissioners, to whom the job is still reserved, to decide whether such lands are necessary for Land Commission purposes or to decide whether proceedings should be instituted to acquire them.

That is the whole matter in a nutshell. In addition to what I said last night on this particular amendment I wanted to give the House, in general, a picture of the various matters that are, in fact, delegated by a Minister for Lands in dealing with such things as approval of re-arrangement schemes and such matters as personal consent or refusal of consent in a sub-division. That is the law as it stands.

I should like to point to a distinction between these wide powers vested in the Minister for Lands and what is sought under the section. It is not a power to take land or give or refuse consent about the sale of land, nor is it a power to give land to any individuals where lands are being divided in a re-arrangement scheme at the expense of others. It is merely a power to enable an official to sign an inspection notice, the result of which, in regard to the lands in question, will be decided not by me, or any other Minister, but by the Lay Commissioners of the Land Commission.

Senators should, therefore, appreciate that what is being sought under the section, as far as a Minister is personally concerned, could not be used as political discrimination, as has been suggested, as all these powers I have mentioned are already there for any Minister who is prepared to take such a course. The obvious and simple answer is that any Minister for Lands is open to question on anything that may be done not alone by himself but by his officials, and the Parliamentary question is the weapon used in our democracy from day to day in connection with the ordinary administration of the business of any Department. Should any Minister for Lands attempt to abuse the powers vested in him, it would very quickly be brought to the notice of the public in the Dáil by way of Parliamentary question. That is the real and ultimate protection against any misuse of power that would be exercised by any Minister under any part of the land code.

I am pointing out, however, that in this particular section, notwithstanding all the charges made as to what can be done under it, the senior inspector of the Land Commission is merely authorised to sign a notice for the purpose of inspection. I reiterate that in 50 per cent of these cases nothing further happens in regard to the matter once the inspections are carried out. It is the Lay Commissioners who decide whether the lands are to be taken or not, as has always been the case. I do not see the case that could possibly be made for the amendment.

I am surprised the Minister could not see his way to accept the amendment. which, I believe, is reasonable. The Minister last night said that he does not agree with the principle "to initiate acquisition proceedings". He said it was only fact-finding as to acquisition. I think there is very little use splitting hairs over phrasing. In any case, we all know if land is inspected it is inspected to acquire the land, if at all possible. That is the reason the Irish Land Commission send their inspectors to inspect any land.

The Minister told us today and last night in 50 per cent of these cases nothing further is done at all. We know that was the way in the past but I believe the Minister's intention now is when this Bill goes through — at least he hopes — that will not be the case in future. If the basis for his argument is that in 50 per cent of the cases nothing was done why burden an overworked Minister with this extra responsibility of getting the Lay Commissioners to visit land and finding in 50 per cent of the cases nothing further is done? I consider the amendment suggested by Senator Lindsay is a quite reasonable one and the Minister should have agreed to it. The Minister has read out a long list of the powers the Minister has but I think it is correct that the only power he has had is that the land has been acquired by the Land Commission. This section is completely different. This section gives, for the first time, in the history of the country, the political head of the Department the power to initiate acquisition proceedings and to say that so-and-so's land is to be inspected with a view to acquiring that land.

We stated here before and we do not mind stating it again that we believe this power vested in this Minister, or any Minister for Lands, is a very serious abuse. We should try to guard, as legislators, against that. The Minister gave us examples here on the last day of cases where powers have been abused. They have been abused in the past and I suppose they will be abused in the future. We are legislating in this particular Land Bill for the future. We may argue the Minister for Lands, Mr. Moran, is a quite reasonable man and that he might not abuse the powers being granted. In any case, why should that be put into the Bill because in future we might have an unscrupulous Minister in the position of Minister for Lands and he could abuse those powers?

We have been told that this has been done to save time. I want to know how can it save time. I believe the amendment proposed by Senator Lindsay would save time and it could be done in a quicker way than the way outlined by the Minister. Some Senator stated here yesterday that by and large the Land Commission have done their work reasonably well over the years and I consider it a poor tribute to them at the present time that this power and the power they had in this direction in the past is now to be taken from them. I want to know is the real reason for doing that that the Minister has lost faith in the members of the Land Commission? Is the Minister not satisfied with the work they have done up to this? Is he not satisfied with the way they have done their work? It certainly looks like that.

It is the first time in the history of our country, after 40 years of native government, that this power is being given to the Minister. Every Government in the past, the Cumann na nGaedheal Government, Fianna Fáil, various inter-Party Governments and Fianna Fáil again have all resisted the temptation to take unto themselves the power to direct whose land was to be inspected with a view to acquiring that land. In my opinion anything which we may procure under this section will create endless trouble and problems not only for the present Minister but for any Minister who may occupy that position, no matter what side of the House he may be on.

I consider this a very reasonable amendment. If the Minister claims everything is above board, why then can he not accept the amendment? If there is nothing to hide and if everything is above board, I do not believe the reasons he has given are good and valid ones for refusing to accept the amendment. Until the Minister agrees to at least accept a reasonable amendment such as this, then it will be the duty of those of us in the Fine Gael organisation to do our part to protect the people against political blackmail and arrogant and dictatorial legislation.

I entirely agree that justice must not only be done but must be seen to be done. I would again appeal to the Minister to accept what we beliieve to be a very reasonable amendment. In the last analysis Irish land is the property of each and every one of us in this country. It has been for too long the plaything of Party politicians. I am afraid that, with this section, it will be worse in the future.

I wish to support the appeal to the Minister to accept this amendment. In fact, I consider the amendment could not be a more reasonable one. The Minister is asking for power to short-circuit red tape. The Irish Land Commission are the body which were set up to be outside and above politics. They have many very delicate and important functions. They decide what land must be acquired. Surely the first step in that direction is to decide what lands are to be inspected. That is a bigger and more important step than the ultimate decision on the land that is to be acquired.

I cannot see any valid reason why such a decision cannot be left to the Land Commission. They have it already but the files have to come back through the usual channels to the Lay Commissioners. All that is asked here is that the Lay Commissioners should have power to delegate their authority to same senior inspector in the field. The Minister, under the section, claims he will give that authority to the person in the field. As long as this section remains, it will give rise to political uneasiness and it will provide substance for charges that the Minister is interfering in some way or other. I know the Minister does not intend to interfere in that way but if he wants to establish that beyond yea or nay he should gladly accept the amendment. If he does, no one at any time in the future can use this section politically. We all appeal to the Minister to accept the amendment because we wish to see the position of the Land Commission consolidated above politics. We do not want to hear, as we hear frequently — and as I heard only last week—charges of political conventions at which people were worried about land being taken by the Land Commission and a high political personage said: "Do not worry. You have nothing to fear, Joe." Those are facts which are known to the ordinary people of the country, and this section provides genuine grounds for uneasiness in that regard.

I cannot fathom this matter of the delegation of authority. Far more trivial things are delegated. If there is any need to speed up the chain of authority, the Minister should accept the amendment. We must be careful where the rights of the individual are concerned. We have to take it that bureaucracy will, by and large, tend to short-circuit the freedom of the individual. We must act to protect the individual, even at the expense at times of creating certain difficulties that may appear irksome and unnecessary to bureaucracy intent upon having its own way. Bureaucracy has got the power to have its own way, and the individual must have what protection he can have under the law.

The amendment is most reasonable. If the Minister wishes to free himself from any political charge under this section — those political charges are largely unfounded — he has the remedy in his own hands. He can accept this very reasonable amendment.

I share the view fully explained by Senator Quinlan. This is a better amendment than most of the other amendments which have been moved. It sets out very clearly what is intended. The ordinary person reading it can clearly understand its meaning as well as the legal profession. Any Senator can understand it. It sets out what a senior inspector may do. He is authorised, under the Land Commission, to initiate acquisition proceedings. He will not do that lightly, without having the matter examined. There should be some clear-cut machinery which would protect the Minister, or any Minister of any Government. Ministers are bound to be under suspicion because people believe that Ministers can do all kinds of things. That applies to all public representatives whether in a local authority, the Seanad or the Dáil, but it applies in particular to Ministers. We want to be fair to all the Ministers and they would be protected by this amendment.

I shall be surprised if the Minister does not see the value of this amendment. This applies to all property, but it applies particularly to land. People believe that influence can be used. There may be some justification for that, but that is why Ministers need to be protected. I am not saying the Minister needs protection. This is a clearly set out amendment and it is easily understood.

At no time since the Second Reading of this Bill in this House have I subscribed to the view that there would be undue political influence or abuse of Ministerial power. Indeed, I look forward to the day — and I direct every political act of mine to the time — when we will banish from this country the viewpoint which is now largely held that small groups or individuals can use their influence to invoke the machinery of the State in favour of certain projects.

I put down this amendment not with any imputation of political abuse, and not with any fear that there would be any future political abuse, but simply and solely to coincide with the view I have already expressed of what my political objectives are. I put it down, secondly, with a view to protecting the political head of the Department of Lands and, thirdly, with a view to preserving the traditional quasi-judicial continuity of the Land Commission.

I listened to the Minister reading out a great list — which he says is not fully comprehensive — of the various matters which are delegated. To those who would say that the Minister's powers are great, and capable of equally great abuse, I say that the Minister must look enviously from his Ministerial mole-hole, as it were, at the bureaucratic mountain. Senator Quinlan has expressed the view that bureaucracy is inclined to short circuit things. I do not subscribe to that view. I think bureaucracy has a tendency to lengthen things, but that is neither here nor there.

The Minister's point of view is that the section will bring about expedition. He is entitled to his point of view. I have a point of view that my amendment will be equally effective in bringing about the expedition which the Minister desires. I cannot for one moment indulge in the intellectual dishonesty of refusing to recognise the validity of another point of view. Having duly recognised it, all I can say is that I think my point of view is equally valid and, in fact, probably more valid because, in addition to expedition, it brings about a situation that would preserve the continuity of the Irish Land Commission in its quasi-judicial position.

When I saw that Senator Fitzpatrick and Senator L'Estrange withdrew their opposition to the section, I tabled the amendment in order that we might be able to persuade the Minister to accept it. It is doing the same thing in a different way. It is keeping things in their proper political perspective.

If the amendment were accepted it would banish the fears and apprehensions which people have and whether or not these fears are justifiable people are entitled to live without them. If the Minister is not prepared to accept it, all we can do is to press it, and, having failed in that pressure, to hope that, when the section comes into operation, it will be worked not alone by the Minister and his officials but by the people of the country with every force that political charity can exert. In that hope, we can carry on and see how it works. If it works, fair enough. If it does not work, some day a remedy will be provided.

In asking the Minister to reconsider this matter, I accept fully from him what should amount to an undertaking that the powers in this section will never be abused by him while occupying this office.

Question put: "That the words proposed to be deleted stand part of the Bill".
The Seanad divided: Tá, 28; Níl, 13.

  • Boland, Gerald.
  • Brady, Seán.
  • Brennan, John J.
  • Browne, Seán.
  • Cole, John C.
  • Connolly O'Brien, Nora.
  • Costelloe, John.
  • Donegan, Bartholomew.
  • Eachthéirn, Cáit Uí.
  • Farrell, Joseph.
  • Fitzsimons, Patrick.
  • Flanagan, Thomas P.
  • Healy, Augustine A.
  • Hogan, Daniel.
  • Killilea, Mark.
  • McGlinchey, Bernard.
  • Mooney, Joseph M.
  • Nash, John Joseph.
  • Nolan, Thomas.
  • Ó Ciosáin, Éamon.
  • Ó Donnabháin, Seán.
  • Ó Maoláin, Tomás.
  • O'Reilly, Patrick.
  • Ruane, Thomas.
  • Ryan, Eoin.
  • Ryan, Patrick W.
  • Ryan, William.
  • Yeats, Michael.

Níl

  • Brosnahan, Seán.
  • Butler, John.
  • Carton, Victor.
  • Desmond, Cornelius.
  • Fitzgerald, John.
  • Hayes, Michael.
  • L'Estrange, Gerald.
  • Lindsay, Patrick J.
  • McDonald, Charles.
  • O'Brien, George.
  • Quinlan, Patrick M.
  • Ross, J.N.
  • Stanford, William B.
Tellers: Tá, Senators Farrell and Seán Ó Donnabháin; Níl, Senators L'Estrange and McDonald.
Question declared carried.
Government Amendment No. 30:
In page 16, line 14, before ", extended" to insert ", defined", and in line 16, before "extended" to insert "defined or".

On the re-examination of the wording of section 20, which dealt with the rights of way to the sea, lakes and rivers, it was noticed that this other right of way section, dealing with rights of way to farmland, could be improved by the insertion of the word "defined" in two places as indicated. This is really a verbal amendment for greater precision. It was actually there originally; how it disappeared on the way up I am not quite sure.

Amendment agreed to.

I move amendment No. 31:

In page 16, to delete lines 34, 35 and 36 and substitute:

"of land the acquisition of which would be likely to cause serious interference with the amenities of any occupied dwellinghouse in existence at the date of the service by the Land Commission of the notice of intention to exercise such powers) the provision of facilities for per".

In view of the amendments which the House passed yesterday on section 20 (3), we withdrew amendment No. 21. I think this is so similar an amendment that, with the leave of the House and on the understanding that the smaller Government amendment to this section will be passed, I withdraw this one.

I could not undertake to accept the Senator's amendment. I would have to be prepared to alter the section to give twelve months for one purpose and six for another. If in a rare case the Land Commission want to acquire land beside an occupied house which was built between 6 and 12 months before the provisional list, the owner can get the market value fixed by the Appeal Tribunal and he can bring a case for compensation for disturbance within section 5 of the Land Act, 1950. This should ensure that justice will be done. Perhaps, these considerations were not in the Senator's mind when dealing with the amendment. There is another amendment against reducing the qualifying period to 6 months. It could unfairly restrict the defence of an objecting owner by finding available evidence of production or employment for a short period which could largely coincide with months of bad weather and low seasonal activity. This would generally be unacceptable. The Senator will appreciate that prescribing the shorter period would, I think, restrict the chances of an owner who was fighting the Land Commission. For all these reasons, I am afraid I could not accept the amendment or undertake to bring in one instead of it.

Amendment, by leave, withdrawn.
Government amendment No. 32.
In page 16, line 34, to delete "adjoining" and substitute "situate within fifty yards of".

This is the same point as we had in amendment No. 24 relating to section 20. Because of the uncertainty about the word "adjoining" in relation to an occupied dwelling, it is proposed to lay down a definite distance of 50 yards. The House will recollect the same points were made in Committee Stage on this section.

Amendment agreed to.

I move amendment No. 33:

In page 16, between lines 39 and 40, to insert a new paragraph as follows:

"( ) it is less than the equivalent of 300 acres of arable land,".

This is to ensure that the protection of section 33 is not available to farms above a certain acreage. This is a very reasonable provision, especially in a country where we have such a scarcity of land. The Minister, in his address to the Agricultural Science Association in 1962 — as published in the Land Commission Report — said in relation to the Young Farmer of the Year:

In view of the constant searching for and keen interest of our people in land — a most healthy sign, and long may it continue — it seems to me that the issue is not so much finding how much land a person may be able to work, but rather what is the least amount of land that it is worthwhile to give a family to set it up. As I have said, the Land Commission concept of that is now put at 33 acres of good land, or its equivalent in land of mixed quality, and I am satisfied such a unit, if compact, well laid out and intensively worked, can be really rewarding. My feeling is that we should not visualise an Ireland of the very wealthy few, but rather of the fairly prosperous many, and this axiom should be particularly borne in mind when thinking of the farm pattern throughout this land.

That was the Minister's opinion then and I am trying to put a modification into the section because section 35 relates to a farmer who has not offered his land for sale in the previous 12 months in such a way as to have a public record of it and who is not situated in a congested area and who satisfies the adequates in regard to production from that land. These adequates are rather loosely phrased. They relate to the area, situation and character of the land and, in general, are tied in to what prevails in the county concerned. Most large landowners would not have any great difficulty in complying with this because they have the capital necessary to do what could be just a good beef job and, under this section, that would seem to be adequate for many of the larger farming areas of the country.

There should not be any congestion in their immediate neighbourhood. The congestion in the immediate neighbourhood means just three miles from the farm. Congestion is not likely to be recognised in those places. I have in mind parts of County Limerick, Fedamore Hill and places like that. Congestion is not likely to be recognised because, first of all, these areas are unscheduled as congested districts, and, secondly, the Land Commission have only a limited sum of money to spend in any one year. At present, it is £3 million and there is no likelihood of a very dramatic increase to £20 or £30 million in a few years. Yet, the price of land continues to zoom. Consequently, the Land Commission are fully preoccupied in recognising congestion and in trying to solve it in the other regions listed.

That leaves the rest of the country virtually unrecognised and, consequently, within the meaning of this Bill, congestion cannot be recognised in the immediate neighbourhood of those areas unless the Land Commission are prepared to move in and give some additions to the people in the areas. That is not likely to happen in the places I have in mind. Therefore, I think it is wrong, when we are passing a Land Bill that will probably hold, with few modifications, for many years, that we should not have, at least, an enabling clause setting a certain acreage above which the land might be open for ordinary acquisition for relief of congestion in other areas, if desired.

In other words, the protection of section 35 should not be accorded to farms above a certain acreage. That is not the same thing as advocating that farms above that acreage should be taken and subdivided. It is saying they should be open to this and if in future the land settlement policy moves into a more rapid pace, we could look to some of those to make a contribution to the national land question. Again, this might be an effective weapon against what is the most deadly enemy in regard to our land distribution — land agglomeration, where holdings are bought and added together, especially on the bounds. There should be a lower limit. I am not overhappy with the 300 acres. I think it is too high to be a real help in dealing with agglomeration, which the Government have not faced up to in drafting the Land Bill. Indeed, it bears out the criticism so well put by Christus Rex in one of its editorials; the ignoring of agglomeration which I am trying to cater for somewhat in this amendment. In this editorial of Christus Rex in April, 1963 it is stated:

The country has less than 12,000,000 acres of arable land. Divide that into "economic" holdings and you get a maximum farming family population of 250,000. But there is no intention of dividing on that basis. Only the small farms are to be eliminated. There is no question of reducing the size or number of the big farms — there is reference only to "brought up to this size".

That is the considered judgment of our national sociological quarterly and I think everything bears it out. In other words, the improvement in size will be met solely by the elimination of holdings, and no effort has been made to grapple with the question of agglomeration of holdings. We all know that when it comes to credit-worthiness the large farmer endeavouring to get credit, buying 20, 30 or 50 acres on his bounds, can beat any small man in that regard.

There is no point in shedding crocodile tears over the small man when, at the same time, we are condoning this section of the Land Bill, which leaves it wide open to any man to agglomerate as much as he pleases. The only advantage in the agglomeration is that of physical contact with a man's existing farm and that he has to work it in accordance with standards prevailing in the district. That is not impossible to comply with. What we do know is, and this is the national significance of it, that 50 acres, adjoining a farm of 100 or 150 acres, added to the large farm will produce far less than it would if given over to a man who takes it as his sole farm and works it.

All the available statistics show that as the size of the unit increases the farm becomes more extensive; the returns to the farmer himself improve but the national returns per acre decrease. We are making no effort whatsoever to grapple with that situation. It was brought home to me especially from my knowledge of what is happening in one of our most fertile areas, County Limerick, where we see how the buying up of land has gone on apace. The battering ram may have been the implement of the last century but, today, the cheque book is far more effective and creates less public fuss. That is what is happening in our country today and I know of regions, such as Patrickswell, where buying up of land has gone on apace. They are big farms mostly, sold by private treaty, where small farms come in between which would, perhaps, prevent the owner availing of section 35. These are bought out. Of course, they have a certain nuisance value in relation to the big man. He can afford to pay that bit extra. Immediately they are bought out the bulldozers come in and level them out.

I am not in any way advocating opposition to the legitimate development of stud farms in this country. I hold that the stud farm which is incapable of functioning on 300 acres of good land had better close down. Certainly, the amount of high class mares required on such a farm can be more than accommodated on 100 acres, not to speak of 300 acres. We all know of the avarice of many people for land. If you get them to put their time and their money into building up what they have got they may get a poorer income for themselves but they will do a better job for the nation. Above all, that will help us to comply with our Constitution which asks that the national policy is to settle as many families on the land as can be reasonably accommodated thereon. I am afraid we are departing very much from the Constitution. Nowhere is that more evident than in section 35.

I appeal to the Minister to accept the principle of the amendment, whether he accepts the 300 acres limit or not. That may be a little bit too low or too high. I want to get the limitation accepted. We could also take cognisance, in this regard, of what happened in Finland. After the Finnish war ended in 1938 Finland lost the Karelian Isthmus and large tracts of good farming land. She tackled the problem and imposed a land fine of 20 acres in relation to farms of 150 acres. That created a pool of land which solved her problem. We should be taking steps along similar lines here.

I appeal to the House not to let the Land Bill pass without taking some cognisance of the cheque book evictions which threaten our whole national fabric and which put the unfortunate small man at a total disadvantage. He has no big funds behind him and no capital of any sort. He has no State help. If he were an industrialist setting up a factory or taking over a dilapidated factory which he promised to improve there would be grants available to him up to 50 per cent of the capital cost. There would be adaptation grants and training grants available. The unfortunate small farmer cannot obtain help of any sort.

Section 25 sets up new plantations. These were established in Limerick following the Second World War. There was an alarming amount of land bought up in that county. We are told that these plantations are caught up under section 47 of the Bill. There are many people who, because of their avarice for land, will never be satisfied until they acquire every small holding within reach. Consequently, I appeal to the Minister to take steps to prevent this or at least give power to the Land Commission before it is too late.

I wish to second the amendment because I feel Senator Quinlan has a point. The Minister has told the House in the weeks past that there are more than 40,000 congests in the country. If these are to get the viable economic holding specified by the Government it will take almost 2 million acres of arable land. That is why I think there should be some clause of the kind suggested by Senator Quinlan to help the ordinary farmer of 50 acres who purchases or acquires an outfarm to settle on one of his sons. If that farm is over three miles away from his holding he is liable to have it taken over by the Land Commission.

We know that in every county in Ireland some of the wealthier landed gentry and some of the foreigners who got in a few years ago are buying up practically everything coming on the market. They are consolidating their holdings to the tune of thousands of acres. I do not consider it proper that these people should be able to get away under the protection afforded by section 35 when, at the same time, the small, practical, hardworking farmers of 50 acres, who perhaps go down to the bank and obtain money to acquire a modest holding for some member of their family, are in danger of having that extra or second holding taken over for division by the Land Commission.

I do not consider there should be any stipulation that the farmer should be confined to a certain acreage. Something should be done to make it more difficult for people to accumulate large tracts of land from now on. I believe in the rights of the individual. If an Irishman is capable of enlarging his farm, more luck to him and he should not be harassed excessively.

I know of one case in County Laois where practically everything which came on the market within a radius of ten miles during the past two or three years was bought. These people bought them at public auctions and they prevented the very deserving local people from obtaining extra land. I feel the Land Commission, for that reason, should afford some protection to the small men in order to allow them to eke out a decent existence.

I have a certain sympathy with Senator Quinlan in his wish to settle as many families on the land as possible. This, of course, is a national aim and something which we should all like to see. I cannot see, for one moment, how he is really going to help the Irish farmers by this amendment.

The Bill, as I see it, is aimed not merely at the large farmers but the small farmers as well who do not properly farm their land or who have been absent from their land. In fact, it is aimed at everybody. If we pass Senator Quinlan's amendment we would exclude from the whole effect of the Bill not only every farm under 300 acres but every farm under the equivalent of 300 acres of arable land, which means, as Senator Quinlan pointed out in an earlier discussion on the Bill, that farms of even more than 300 acres would be affected.

Obviously, only the very big farms could be affected. If we were to consider passing this amendment we would make a complete mockery of the whole Bill. While we have every sympathy with the small farmer, and while there is every sympathy with the man who wishes to acquire land and farm it properly, I just cannot see that this is the way to do it. I do not know how many farmers there are in Ireland who have more than the equivalent of 300 acres of arable land. Possibly the Minister could tell us. If they were the only farms open to being taken over by the Land Commission, I think we would destroy all the large farms, and probably not achieve our end at all. I cannot support the amendment.

I have a completely open mind on the amendment. It mentions 300 acres. The alarming part of the statements made by Senator McDonald and Senator Quinlan was in regard to what is happening where land is available. They spoke about a man with a reasonable amount of land acquiring the land next door if he so desires, before someone else who was in need of it could get it.

What does the Bill mean? Does it mean what we have been talking about for days? If it means that a man with several hundred acres can acquire several hundred acres more, the whole principle of the Bill is ignored. Senator McDonald said there are 40,000 congests in the country. I wonder is that all? The Land Commission say that is all. I wonder on what authority they decide that is so? On what acreage? What is the nature of the holding? Where does the owner live? How has he acquired it?

How are the members of this House to know what exactly we are discussing and decide on it? Members of the House should visit the various parts of the country where people are in need of land to give them a normal living in reasonable comfort. We make decisions and laws, on the Minister's recommendation, of course. I am satisfied the Minister has a reasonable knowledge of a great part of the country, especially the west of Ireland, but I do not think he has had time to travel right through the country. I do not think he has had time to study all the parts of west Cork and mid-Cork. Everyone is very interested in Cork at the moment. People are building reasonably sized castles — in the air, of course — and this day two weeks those castles will fall.

What about the 300 acres now?

If Senators travelled through a great portion of that constituency they would find that hardly anyone knew what it meant to have 300 acres. If they mentioned several acres of rock and bog and cold, hard land the people would understand. Senators would understand then the position in places like Patrickswell which was mentioned by Senator Quinlan. Is it a fact that a man with a large holding can acquire several other holdings and then bring in the bulldozer with the excuse that it is required for a racecourse? Racecourses are of value, of course, but they should not be given first consideration over the man with a bad holding, in bad surroundings, who hopes that some day he will qualify for a better place. It is like the man who is waiting for a medical card and is then told that his income debars him, by someone who treats him as a joke and probably hopes that he will not understand the position.

The man with 300 acres should not get preference over the man with ten or 11 acres. I know people who have nine or ten acres of poor land. It is not arable land and they have to rear their families on it. The families go away and now the farmer will have to prove his case before he can will the land to his son, if his son comes back. I may be told again that I am rambling from the amendment before the House, but I am alarmed at the situation, and I think it would be nice to see Senators visiting every part of the country. Perhaps, they could manage it at their own expense. The country is not so big. They could study all the holdings, and they could end up in Patrickswell, or in Meath, or somewhere else. They could then make up their minds whether we should facilitate the man who wants the best part of 1,000 acres because he is doing certain things for the country, or the people on uneconomic holdings. They are called congested holdings in the Bill, but I have referred to them before as uneconomic holdings. I know several of them and so do most Senators, and I am sure the Minister is aware of them. What is usually said is: "We cannot do it now but we are making a fair effort".

I do not think the amendment solves the difficulty, and I am afraid the Bill will not do what it is intended to do. It is like a doctor attending a patient who is seriously ill and saying: "We will keep him alive as long as we can but we know he is going to die." We are patching things up but not to the extent we should.

I rise very briefly on the amendment. I was not here throughout the debate, but it appears to me that Senator Rosss misunderstands Senator Quinlan's amendment. It is for the purpose of clearing my own mind on the amendment as much as anything else that I want to speak. Senator Ross said the effect of the amendment would be to exclude all holdings under 300 acres from the section. I do not think that is the effect of Senator Quinlan's amendment.

Certainly not.

I think the effect of the amendment is to take away from the owner of a farm of more than 300 acres the defences contained in the section. Therefore, the point behind the amendment, if I see it correctly, is that Senator Quinlan is of opinion that the man with more than 300 acres of land should be able to live on it, and if he is farming it properly, he should not require any more. I have not a lot to say on the amendment except just to try to qualify that point. I think there is a lot to be said for the point of view that a man with 300 acres is in a reasonable way, if not in a very good way and does not require a lot of protection beyond the extent of 300 acres.

I am afraid Senator Fitzpatrick also misunderstands this amendment.

I shall be glad of any help I can get.

I agree with him that Senator Ross misunderstands it but he is entirely wrong when he says the amendment means that a man with 300 acres does not need any more and can live very happily on that acreage. What it means is that if a man has 300 acres, no matter how well he farms it, no matter how many people he may employ, no matter how much he is producing, it may be taken from him by the Land Commission. In other words, a man who employs a large number of people, perhaps on 300 acres or more, is liable to lose it. It is not a question, as Senator Fitzpatrick suggested, that if he has 300 acres, he does not need any more. If he has 300 acres, he is not entitled to keep any of what he has under this amendment.

Whatever misunderstandings there may have been about this amendment, Senator Yeats has dealt with some but there are other side effects not immediately apparent the effect of which would be that well-worked holdings of 300 acres or more would automatically be deprived of protection of what lawyers call "the adequates": these are the sections under the land code against acquisition.

There has been a song and dance here and elsewhere about interfering with the farmers' rights under this Bill. This would be an attempt to make a completely new legal invasion on a certain number of farmers. I have always maintained that the large, well-worked holding is a national asset and that it has its proper place, and a very important place, in our agricultural economy. In fact, some of these holdings provide the market for the stores produced by many of my countrymen in the west and the land from which I come.

I must oppose any proposal aimed at automatically putting any such holding outside the protection of the Land Acts. I am convinced that setting an arbitrary acreage in connection with compulsory acquisition by the Land Commission is both undesirable and unwarranted.

Let me point out some of the absurdities. Many religious communities and educational communities would be affected if you had limited acreage of this kind. The good farmer working his land very well, with a family of four sons who are helping him, progressing in his own business in the way a shopkeeper would, and who is getting some land to divide up between his sons would be wiped out under this. I do not think I need take up the time of the House discussing the absurdity of laying down a ne plus ultra limit of 300 acres. Whoever would decide whether or not they are arable, I do not know.

It seems to me to be largely ignored how far this section is restricting acquisition. Under it, as I read it, the Land Commission may acquire compulsorily only if they want the land for the relief of congestion within three miles of the affected land — that is under the definition of "immediate neighbourhood"— or for pleasure grounds, and so on. It is going a bit far to suggest that all over the country the Land Commission will find congestion in the neighbourhood of the type of land Senator Quinlan and other people are worried about or that is required for one of these other purposes. If I am misreading this, I think I may be forgiven as there are so many negatives in it. With the type of phrase "they shall not do this unless", it becomes increasingly difficult to know what they may do. The whole thing appears to me to be prohibition. I do not see anything about the 300 acres nor can I quite understand how this ties in with Senator Quinlan's normally expressed opinion that it is undesirable to have straitjackets. Three hundred acres is as large a straitjacket as the term "economic holding".

I sympathise with a number of the speakers because this section is undoubtedly fairly complicated and has a number of negatives in it. But the issue is quite simple. The section simply sets out that, unless for the relief of congestion in the immediate neighbourhood — that is, within three miles of where the estate is located — an estate cannot be acquired if the owner has not offered it for sale in the previous 12 month, if the owner is giving adequate employment and adequate production in accordance with what is happening locally. If he satisfies those conditions, his land cannot be acquired for the relief of congestion in some other part of the country or some place that is three miles from his location.

All I have asked is that this very real protection which an estate has got should not be available when the estate is above a certain acreage. If he is more than 300 acres, he has not got that protection. Therefore, if the land is in the ordinary pool — it does not say the Land Commission will acquire it but they have the discretion to inspect and to acquire portion of it, if they wish— he has not got the protection of section 35. That is all. It is very wonderful to hear the Minister speak about the absurdities that could follow from this. When it comes to absurdities, I think the Minister beats all.

I would get a scholarship for Cork University.

With regard to land possessed by religious communities and the statement that the very fact that they have more than 300 acres would mean that they would be subject to acquisition by the Land Commission, may I say that it would mean no such thing. It would mean that the religious community could not say: "We are free under section 35." It means, simply, that the Land Commission are expected to exercise this discretion we heard so much about.

We were told today that the son of an owner who gets one of these notices has no right to acquire the land but the Land Commission, being a reasonable body, would certainly see he got it, provided he was bona fide and we could not put the position more securely than that. The Minister refuses the amendment which puts it differently. Yet, the same reasonable Land Commission could not be prevailed upon to adopt the same reasonable attitude to a community with a certain number of acres. If the Minister has any doubt, there is no need to take it that my amendment is aimed at communities or other groups that may need more land. It is not beyond the ingenuity of the draftsman who produced all the “ifs”, “buts” and “ors” of this section to include another “if” section which would exempt the people the Minister has in mind and whom he would fear to trust to the discretion of the Land Commission.

That is the case. I was surprised that Senator Ross completely misunderstood it but I think Senator Fitzpatrick has put that right. The whole question I am trying to highlight here is that we are always inclined to say: why not give a poor fellow more money and more land? But we have to be realistic. We are all the time talking about these 40 to 45 acre holdings. There is a mass removal from the land of 100,000 families but when we seek to provide land to mitigate this, or allow small-holders to get farms, we are told that cannot be done. In other words, the Government are adopting the same ostrich-like approach to the question of the agglomeration of holdings which they have persisted in adopting over the past five years towards the buying of land by foreigners. Those who raised the question of the buying of land by foreigners——

If the Senator is allowed to persist, I have to demand the right to reply to this codology. There is a section in this Bill dealing with the purchase of land by foreigners and I shall deal with it when it comes up in the debate. I submit this is completely irrelevant and is only another red herring.

The point I am making and what I am trying to correct with this amendment is that the Government have not so far recognised what is in many ways a greater evil— the agglomeration of holdings or cheque book evictions — which is taking place all over the country where the small man is squeezed out. That is the way we are paying lip service to the Constitution.

I hoped to put 300 acres into this section but if the Minister wishes to make it more, he has the option of doing so. I am interested in the principle. It would mean if you had such a limit, a farmer covered by section 35 would be slow to move out and buy the extra 50 or 100 acres on his bounds, knowing that thereby it was removed from the protection of section 35. Nobody says that if 50 acres are on the bounds, it would not be far better that they should be acquired by a man and his family to provide a viable family farm, rather than add it to the land of a man who has already got more than a viable farm on the boundary. Why should there be a difference in land incomes compared with other occupations? If you have a factory or are in the Civil Service, you do not get more income for yourself by simply displacing the fellow at the desk next to you and doing his job as well as your own and getting him out of the way. You improve your position by getting a higher post. Likewise, if we had a realistic land policy, a person who wanted to move from his holding could do it in the normal way by selling that holding and buying another. That is the limit to which the land policy could go in helping the individual.

It is our duty to comply with the terms of the Constitution and see that there is established on the land of Ireland as many farmers as can be, in reasonable comfort. Nobody can condone the question of stores in the west of Ireland and its ranches, God help the west of Ireland if its future is to be based on stores. I say no sensible or responsible agricultural inspector in the country would subscribe to such a policy. That is what has left the west where it is and it is the failure of the Government to bring the dairying industry within the reach——

An Leas-Chathaoirleach

The dairying industry has nothing to do with it.

The Minister raised the question of ranches. It is very strange to hear a party who came in with a policy of dividing ranches today advocating the setting up of ranches.

(Interruptions.)

Has the wheel gone the full circle?

Do not disturb him now.

I am fighting this addition to holdings and farms which I hope to stop by this amendment. At the moment, this addition is the best form of speculation. We hear Government policy based on the fact that we are to get into the European Economic Community by 1970 or thereabouts but I think the "thereabouts" is the operative word. If we get into the EEC, land valuations are bound to zoom.

May I take it this is a reply to the debate?

It is a reply to the Minister.

It is against entry to the EEC.

This is a type of speculation in which the ordinary man with his small farm, or without a farm, is unable to compete against the man who has the security of a large farm behind him. The Government will have to face this problem, and face it within a few years, and it is far more serious than any of the problems of the buying of land by foreigners. Consequently, I think a start should be made by putting in an amendment of this sort. Otherwise, I cannot see the end result. In five years time we will find our numbers will have gone down more and we will be still further from the ideal of the family farm we talk about. I appeal to the Minister, before the Bill passes Report Stage, to reconsider this amendment and meet the point in some way.

Amendment put and declared lost.

I move amendment No. 34:

In page 16, line 57, before "in" to insert "in possession" and in page 17, line 1, before "in" to insert "in possession".

Section 35 says "the Land Commission shall not acquire compulsorily for any purpose other than...any land in respect of which the Lay Commissioners are satisfied that — (a) the tenant or proprietor of the land has not in the qualifying period offered it for sale...", and there follow certain requirements which are applicable. One of these is that "all the persons entitled to a beneficial interest in any part of or share in the land...have throughout the whole of the qualifying period resided either on the land or in the immediate neighbourhood thereof". This means that, to get the protection under this section, all the persons entitled to a beneficial interest in any part of the land must be resident.

A beneficial interest means, in law, any interest whether an interest in possession, an interest in remainder or an interest in reversion. The purpose of the amendment is to provide this protection for all persons entitled to a beneficial interest in possession. Otherwise, it would mean that all persons, to get the benefit, whether they have an interest in possession, in remainder or in reversion, would have to be resident on the land. This would be an impossible situation. It would mean that where you had a family settlement in which there was a life tenant, he would have to be resident on the land. A person who was to get a further life interest on the death of that life tenant would have to be resident on the land. There might then be a person who would have remainder interest on the death of those two persons, and he or she would have to be on the land. It is for these reasons that we seek to insert the words "in possession" in this part of the subsection and certain other parts of the Bill.

I formally second the amendment.

I wish to support the amendment for the reasons set out so clearly by Senator Ross. The section merely requires something to be done which could not be done in the case of many estates where there are complicated land settlements or unreliable tenants. It seems to me that if notice is given to the person in possession of the land, that is all that should reasonably be required.

I have carefully considered the suggestion made in this amendment, that persons not entitled to an interest in possession in the lands should be exempted from the residence qualification. Again, in the bona fide case the argument would appear to be unanswerable. A very good case can be made in favour of a remainder-man or a person entitled to an income under a settlement. It would not be reasonable that lands should be acquired from a resident owner solely because some remainder-man was not also resident on the lands. However, I am quite sure that such a situation would never arise in practice. In saying that, I am not merely expressing a pious hope which might be ignored by future Commissioners. I think that an abuse of this subsection on the lines I suggest would amount to a form of bureaucratic tyranny which I could not visualise ever existing here. On the other hand, if this section were amended to provide for non-resident remainder-men and others, I am quite sure it would furnish absentee owners with a convenient means of having a local agent supply the residence qualification while the real master of the property continued to absent himself.

Lastly, I would ask Senators to bear in mind that the subsection will not compel any remainder-man to take up residence on the land. It will merely create, if he is an absentee, a highly technical and theoretical point in favour of acquisition, and one which the Land Commission would never be aware of in 99 cases out of 100.

I have been trying to visualise the type of case the Senator has in mind. We must preconceive that the tenant for life and his family will be resident on the lands. It would be in such a case that the Land Commission would try to use this device and the lands would be vulnerable because, theoretically, the remainder-man was not in residence. I find it difficult to think that such a case would arise very often. It would certainly be rare, I imagine, from the point of view of the land Commission ever moving on those grounds, and on those grounds solely.

I think, in a genuine case of this kind, there would be no question of the Land Commission intervening and Senators and legislators should not assume that the Lay Commissioners, and any future Minister for Lands, might suddenly go mad and attack cases of this kind on the grounds suggested, whilst it might be theoretically possible on a certain reading of this section.

We have experience — I certainly have had experience — of company manipulation for evasion purposes and if this amendment were accepted, I can see a number of ways in which the law could be used for evasion. Unfortunately, there is a great danger in particular in dealing with companies, whether family or otherwise, and I stressed these fears to the House on the Committee Stage of the Bill. Where the tenant for life is in residence on the lands, in some of these cases—certainly under the old settlements — the remainder-man might not yet be in existence, as the Senator can appreciate. It used to be the heir male for life in the old days and the remainder-man might not arrive for some time and one could not, in that doubtful situation, visualise the Land Commission availing of this interpretation of the law to take over the lands. A much more practical method of evasion comes to one's mind with the company concern, or family company, or the person there for life.

There can be all kinds of remainder-men, as the Senator will appreciate. To give a lease of the farm for 20 years or so, with a provision that there will be a payment of, perhaps, £2,000 or £3,000 to the real owner in, say, London or Paris, would be one obvious device to get out of this. There are many others one could visualise whereby this section could be used for evasion purposes. I can appreciate that the Senator has no such intention in mind but, if this amendment were accepted, it could open the door to this evasion.

I should like the Seanad to appreciate that after the passage of this Bill, just as when there was an increase in stamp duty on certain sales to foreigners, lawyers will exercise all their ingenuity in endeavouring to find ways of getting around the provisions. Certainly, I am aware of many devices which could be used under company law. I, therefore, must be quite careful in dealing with this aspect of the matter. I fear, for these reasons, I could not possibly accept the amendment. I can assure the movers, and those concerned with this amendment, on the other hand, that I could visualise their fears being realised that the Land Commission would move in a case on the basis of the remainder man or such lay man being a non-resident. I could not possibly conceive them doing any such thing.

I would not dispute for a moment with the Minister that lawyers will not try to get around any enactment if they can find a way around it. The answer to this is not for the Land Commission, the Government or the Minister to take such enormous powers that it goes so far that the Minister comes to us and says the situation which he envisages will not arise and that he cannot see it arising. The situation could arise. The debate on this Bill has been full of assurances from the Minister that what we fear and what could happen is not going to happen. We want to restrict the powers of the Government and the powers of the Land Commission in this subsection. It is utterly wrong that the answer to our attempts to restrict those powers is not that something is not likely to happen. It is not an answer to say we can see a way of guarding sufficiently against that so we will take to ourselves all powers but, of course, we will use none of them. That seems to be quite wrong and it is on that principle the amendment is put down.

May I ask the Minister to consider one further point. He objects to the use of the phrase "in possession" Would he be satisfied if, instead of the words "in possession" we took the reverse and said "all the persons entitled to a beneficial interest otherwise than the remainder"? This would have the same effect but it would not actually make the person in possession. It would leave him there but it would cut out the remainder man. Despite what the Minister may say the situation can arise that the Land Commission could, in certain circumstances, say the remainder man and the man in possession are all there and, therefore, we can act. It is wrong that this situation should be allowed to remain in the Bill.

The words suggested by the Senator to be substituted would not keep the section there for the purpose I need it for. It would be open to the same objections I mention.

Amendment put and declared lost.

I move amendment No. 35:

In page 17, line 28, to delete "three" and substitute "seven".

Subsection (3) of the new subsection contains for the Land Commission the right to acquire land for congestion in the immediate vicinity and if the Land Commission want land for the relief of congestion, the provision of sports-fields, parks, pleasure-grounds, playgrounds, or that sort of thing they can go ahead and acquire the land. The rights in paragraphs (a), (b) and (c) of the subsection do not afford any defence to the owner of the land.

The amendment is put down to extend the definition of immediate neighbourhood from three miles to seven miles. I consider in the year 1965 an area of three miles is altogether too narrow. It means, in effect, that if a farmer is living more than three miles away from his farm that farm can be acquired whether it is wanted for the relief of congestion or not. That is unreasonable. There are many people at the present time who own farms more than three miles away from where they are living.

The Minister, on the Committee Stage, stated that in certain circumstances if a man lived on one farm and had another farm three miles away and if the Land Commission decided to acquire the farm on which he was living they would have to pay him compensation for severance. That may be, but, at the same time, they have the right to do it and that is what I object to. It is not unreasonable in this age of modern machinery, tractors and motor cars that a man should have a farm four or five miles away from where he is living. He certainly would be able to work such a farm without any inconvenience.

This is the type of thing Senator Ross has just spoken about and I must say I could not agree more. The Minister says: "We will not exercise this right." This Bill is full of dangerous powers which the Minister says will never be exercised. It is our right here to protect the citizens against these powers which can be used to his detriment. I was not here on the Committee Stage when the section was discussed but I see the Minister made a couple of points with which I do not agree. He made the case that if the three miles were extended it would make it more difficult to acquire land for the relief of congestion. That is not so. With all respect, the right to acquire land for congestion is professed in the section.

The Minister also said some legally minded accountants were inclined to channel profits from their profession into land and in that way escape income tax. Again, the Minister knows a recent Finance Act — it was the 1963 or 1964 Act — made it impossible to do that. The Minister also said this was necessary to deal with absentee landlords. I do not hold any brief for absentee landlords, nor am I putting forward this amendment in defence of absentee landlords. Any landlord who can properly be described as an absentee landlord will surely be residing more than seven miles away from the land concerned. I strongly urge on the Minister that this is a reasonable amendment.

I have one particular case in mind of a farmer who lives in a town about six or seven miles away from his farm of about 70 or 80 acres. I think he is living in town because his wife likes to live in town. At any rate, he is farming this 70 or 80 acres extensively, giving good employment and producing a lot of food. As I see it his farm will be at the mercy of the Land Commission if the section goes through unamended. I urge the Minister, therefore, to accept the amendment or such modification of it as he can.

I support Senator Fitzpatrick in the arguments he has made. This section radically alters the defences against compulsory acquisition of vested land, and the resumption of unvested land. In addition to providing adequate employment on, and production from, the land, the owner must now have resided on the land or within three miles of it throughout the previous year. We know the residence qualification may be disregarded by the Lay Commissioners at their discretion in regard to temporary absence or absences that can be attributed to illness, business, vacation or any other causes.

The Minister said in the Dáil that the purpose of this section is to eliminate abuses arising from conacre lettings or anything like that. We are behind the Minister in the principle involved there, but we consider that such abuses should be dealt with specifically in the Bill without giving the Land Commission the far-reaching powers of acquisition proposed in the section. On another occasion here the Minister spoke about fly-by-nights, and about absentee landlords in Paris, London and, I think he said, Monaco. Surely all those people are more than seven miles away. Even if the Minister agreed to our amendment proposing seven miles, he would still get the people he spoke about on that occasion, the non-nationals who have bought land and are living, he said, in London, Paris, or anywhere else outside the country.

We all know of many genuine farmers who have four, five or six sons whom they intend to set up in farming. While they are young there may be a bit of land for sale four or five or, perhaps, six miles away, and the father will buy that land with the intention of getting a farm for each son, if he has the money. We believe that under this section there is power to take the land from that farmer, if the Minister wants to. We all know young men who start off by buying a small bit of land in one place and, perhaps, due to congestion in the district, or to the fact that no other farmer will sell some land, they have to move four or five miles away to buy another farm of land. Under this section those people are also vulnerable and can be caught.

I entirely agree with Senator Ross who stated that it is all right for the Minister to say to us: "Oh, the power is in the Bill, but those things will not happen." It is our duty to restrict the power of bureaucracy and see that powers are not left in the Bill which can be abused by this Minister, this Government, or any other Government. I appeal to the Minister to accept the amendment. We believe there are provisions in the Bill to deal with the cases he mentioned, as Senator Fitzpatrick has already said.

I can see some force in the argument for the amendment, but I do not see the particularly virtue of seven miles. It could be 7½ miles, eight miles, 8½ miles or nine miles. At some stage you have to draw the line.

A reasonable distance.

A man can reasonably work his farm from five, six or seven miles away.

Like a great many other things, of course, "a reasonable distance" is very elastic. Senator L'Estrange may consider one thing reasonable and someone like Senator Quinlan might think a quarter of a mile is reasonable. I can see that some limit should be put in, but I cannot see any force in the argument for seven miles rather than three.

My own experience is that while it is all right in theory to say that because of mechanisation you can successfully work a second farm which is separated from the main holding by a certain distance, in fact it is not true. My experience was that this was not possible even at a distance of one mile. It is reasonable to say that it can be done with tractors, but sheep and cattle have to be walked and far too much time was taken up by the farm workers in travelling backwards and forwards between the two places. It was grossly uneconomic. If anything, I think three miles is probably too far. It must also be remembered that in extending the three miles to seven miles we would be putting it within the power of the Land Commission under an earlier part of the section. So, I think the very thing Senator L'Estrange is worried about would be brought into peril. Between one limit and the other I think three miles—and I can tell Senator L'Estrange that three miles is a Sabbath Day's journey — seems reasonable enough in the circumstances, but I would have said it was too far.

I doubt if we should put in mileage at all. Suppose the distance were one and a half miles or half a mile, or three miles and a quarter, does that exclude the person? It is impossible for the Seanad to sit in judgment on a thing like that. The distance might be three miles and 100 yards. When we talk of seven miles we could also easily make a case for ten miles. Where would we draw the line? The person affected might be your neighbour, and he might ask you: "What did you do when the Bill was going through the Seanad?" The safest answer would be: "I was not in the House then."

Senators know that some farmers like to keep their cattle and sheep in a certain place. That means the milch cows have to be brought home to be milked. If he is so well off that he does not have to worry about milch cows, he is all right. It is a very touchy subject that we sit in judgment on in regard to distances.

Senators are inclined to forget some of the provisions in previous subsections of this section. We are defining "immediate neighbourhood" here under subsection (5) as including a place which the Lay Commissioners are satisfied is not more than three miles from the nearest point of the relevant land. It was necessary to get some residence qualification for our purposes and in particular to deal with certain types of absentees. I could not, therefore, accept this amendment. It would cut directly across our purpose and the purposes for which this Bill is designed.

The object of this section as a whole is to make more land available to the Land Commission for the relief of congestion. An enlargement of the limit to seven miles would reduce drastically the use of the Bill against the interests of congests and particularly to get lands for migration. It is just as important to make lands available for migrants, particularly in the east of the country, as it is in the congested areas because a number of them have to go out to make room for the overcrowding in the land slums in the rundale areas.

There are a number of cases of non-resident owners, people living abroad, who have large holdings in this country. They would be caught under this provision. In suitable cases, their lands would become vulnerable to Land Commission action.

In the same way, this provision will also deal with another type of case we have in mind. There are, throughout the congested areas, a number of holdings of land, small, perhaps, in extent, it is true, but vital for rearrangement schemes and for the relief of local congestion by virtue of their location. Some of these have been let for a great number of years and are owned by people in England, America, Australia and different parts of the world. There are very few families in the congested areas, and in my own county, including my own family, that have not at least one member abroad somewhere. Such persons could twiddle their thumbs at the Land Commission if, by a simple transfer, they could transfer any land they might own to a brother or sister living within three miles of the area, and the same old thing would go on. We need to close that gap if we are to make any progress. This provision is there to deal with these special types of cases.

It was necessary, also, to define what was meant by congestion in the immediate vicinity. It used to be regarded as a mile: it is extended here to three. I do not see what purpose would be served by saying seven instead of three. We must get some kind of residence qualification for the purpose of this section. For instance, the movers of this amendment may not be aware that if it were accepted it would put in jeopardy many well-worked farms between three and seven miles distance from congestion. On the other hand, the amendment would protect, for instance, a shopkeeper holding land upwards of seven miles away from a pocket of congestion and living in a town six miles away from the land in question. I am pointing out what could be the effects of this amendment, were it accepted.

Senator Fitzpatrick quoted some reference I made on the Committee Stage to businessmen siphoning off profits to put into farms. I am not dealing here with preventing them from doing anything they wish with their profits. I am saying that that practice went on and that a number of these people, what I would call hobby farmers, utilised profits for the purpose of buying land. They are not resident there. I am saying that such lands should be vulnerable in suitable cases for the relief of congestion before other lands are touched. I am thinking in this connection about very large farms. Some of these large farms are vital for our purposes for migrants' holdings. In the kind of case I mentioned here, where people are living in some of our cities miles away from these farms, I think that if land is required for Land Commission purposes their lands should be vulnerable for these purposes before other lands are touched. These are the purposes for which this section is designed. Consequently, as the relief of congestion is one of the main purposes of this Bill, I must resist any amendment of this kind.

As I see it, if the land is wanted for the relief of congestion in the immediate neighbourhood, the Land Commission still have power to acquire it. My amendment would not take away from the Land Commission the right to acquire land for the relief of congestion in the immediate neighbourhood: I think I am right in that. Section 35 (3) reads:

Notwithstanding anything contained in this section or in any other enactment, the Land Commission shall not acquire compulsorily for any purpose other than the relief of congestion in the immediate neighbourhood...

If the definition of "immediate neighbourhood" is enlarged for one purpose under this section, I presume it is enlarged for the other.

I am simply seeking to extend the definition of "immediate neighbourhood" from three miles to seven miles. The Minister has mentioned a lot of impossible and very unlikely cases. These very hard cases make bad law. In effect, I think that what the Minister is insisting on doing is taking the right to acquire a man's farm, if he is residing more than three miles from it, whether or not that farm is required for the relief of congestion in the immediate neighbourhood. In other words, he can take that farm from a man and bring in a migrant from 70 or 80 miles away and put him into it. That is as I see it and I do not think that is reasonable. On the Committee Stage, the Minister based his case, and he has repeated it now, on the necessity for acquiring the land for the relief of congestion. I keep on repeating that he still has that power to acquire for the relief of congestion in the immediate neighbourhood. What he is doing now is going much too far and is not at all necessary.

Amendment put and declared lost.
Amendment No. 36 not moved.

I move amendment No. 37:

In page 17, lines 41 and 42, to delete "may at their discretion" and substitute "shall".

This is an amendment which deals with the same section, the definition:

"throughout the whole of the qualifying period resided" shall be construed as requiring that the person or persons mentioned in subparagraph (i), (ii) or (iii) (as the case may be) of paragraph (b) of subsection (3) of this section has or have ordinarily dwelt on or in the immediate neighbourhood of the land, provided that the Lay Commissioners may at their discretion disregard, for the purposes of this section, any temporary absence or absences from the land which they are satisfied is or are reasonably attributable to illness, business, vacation or any other cause...

A person must reside within three miles of his farm if he is to have the benefit of the defence provided by this section; but this definition goes on to give power to the Lay Commissioners to disregard at their discretion certain absences, if they are satisfied that these absences are attributable to illness, business, vacation, or other cause. Before the absence is to be excaused, it must be a temporary absence due to illness, business, vacation or other reasonable cause. What I want to put into this is that in the case of a temporary absence due to illness, business, vacation or other cause, the Lay Commissioners shall disregard that absence—shall disregard it.

Under the Bill as it stands at the moment, they are not obliged to disregard that absence; they may at their discretion disregard. I think it is not strong enough. A man may be absent from his holding for a short time only. His absence may be temporary, maybe due to illness because he is away in a sanatorium or other hospital for a couple of years, or due to business. One type of absence I could think of is when a farmer's son emigrates temporarily to England for the purpose of earning money to stock and build up his farm. I think it should be obligatory on the Lay Commissioners to disregard absence of that sort. I do not think the House can seriously disagree with me on that.

I know the Minister will probably tell me that in a reasonable case the Lay Commissioners will disregard, but I think that in this regard we are handing over to various Departments, whether Local Government, Lands, or Justice, many other dangerous powers and relying on the Departments concerned to be reasonable. That is building up a very dangerous ready-made machine for the future, perhaps the distant future, whereby some dictatorial mind could say: "These powers have been given to us by Parliament; they are there; why can we not use them?" I urge on the Minister that the amendment is no more than reasonable. I have read his reply to the amendment put down on the Committee Stage and I do not think it is satisfactory.

I wish to support Senator Fitzpatrick on this amendment. There is no need for being imprecise on this. "Shall" seems to fit the bill and the cases concerned in this are illness, business or vacation. I think the "may" should go out and "shall be disregarded" should go in.

I was very much inclined to agree with this amendment when I read it. If I might say so, Senator Fitzpatrick spoiled the whole case when he talked about this man going on a temporary absence to get money to buy stock and build himself up. But, if you say "shall", who is to determine, other than the man himself, whether it is temporary or not? I think the discretion is very necessary because of the type of case Senator Fitzpatrick mentioned.

The Land Commission must be satisfied it is temporary for the given purposes under the section.

That is where the discretion comes in. It is on that very point of being satisfied that they must be given discretion. If you are to make it mandatory on them, you are taking away what Senator Fitzpatrick is now quoting—that they must be satisfied. Surely "satisfied" and "at their discretion" mean the same thing? I cannot see how the Land Commission must be satisfied, if it is mandatory on them in relation to somebody who is away for several years earning money. I think the two things are contradictory. Reasonable and all as the case seems at first glance, I think it would be absurd to say, on the one hand, the Land Commission are to be satisfied, and, on the other, that it is mandatory on them to accept any excuse.

This amendment would render the land code completely ineffective. It is essential that the effective control in this matter should remain in the hands of the Lay Commissioners of the Land Commission, as, in fact, it at present is in the cases that come before them. It is a question of their discretion, which they exercise very generously. I personally have known of many cases where they allowed one, two or three years to people to come back to the land, and we all well realise that never happens. But they did it. All those concerned with our Land Courts know the Commissioners lean over backwards to facilitate people who have any hope of returning to their lands, taking up residence and working the land.

If this provision were mandatory in the Bill, all the Commissioners would do would be to allow objections by the mere proof of the absence, irrespective of the merits of the absence. That is the interpretation of this amendment as it is put. Indeed, the owner who wished to delay proceedings might adopt the old trick, which is not unknown, of absenting himself and this could cause legal arguments as to whether the Commissioners must accept these absences as reasonable. It would simply hamstring the Commissioners in the exercise of their duties, duties which they have exercised with great leniency, using their discretion to the utmost in favour of the objector down through the years. There is no reason why Senators should assume they will not interpret this law in the very same way.

I could give another instance of what could arise if this were mandatory on the Commissioners. Taking what one would feel at first glance to be a very good and genuine case of illness, with somebody producing a medical certificate from God knows where, that particular case would be at the discretion of the Commissioners. Indeed, in all our experiences we have known learned judges to raise eyebrows at medical certificates produced for witnesses' absences, and so on. This amendment would make the section completely unworkable as far as the Land Court is concerned, and I must consequently reject it.

Throughout this debate, the Minister has from time to time cast reflections on members of the legal profession. He has from time to time spoken about members of the legal profession producing phoney contracts and documents of that sort. I think that does not come well from the Minister and is not justified. He has gone one step further indeed and talked about doctors furnishing bogus medical certificates. That is hardly worthy of the Minister and is hardly necessary.

I disagree with Senator Sheldon and I disagree with the Minister on the interpretation of this proviso. The proviso reads:

provided that the Lay Commissioners may at their discretion disregard, for the purposes of this section, any temporary absence or absences from the land which they are satisfied is or are reasonably attributable to illness, business, vacation or any other cause.

It was amended on Committee to include "education".

We shall leave education in. The Lay Commissioners must be satisfied it is due to one of the causes mentioned, with the addition of education, but they are still not bound to disregard the absence. I want it to read:

provided that the Lay Commissioners shall disregard, for the purposes of this section, any temporary absence or absences from the land which they are satisfied is or are reasonably attributable to illness, business, vacation or any other cause.

I do not see anything unreasonable about that. It does not fetter the Lay Commissioners at all but it gives them a direction, if they are satisfied the absence is temporary and due to one of the causes mentioned. Then they are not to take it into account and disregard it.

Amendment put and declared lost.

I do not now propose to move amendment No. 38. It was put in on the assumption that the amendment which has just been rejected would be carried. Then, in such a case "reasonable" should go in before "cause". But I do not consider that is now necessary.

Amendment No. 38 not moved.
Amendment No. 39 not moved.
Government amendment No. 40:
In page 19, line 51, to delete "adjoining" and substitute "situate within fifty yards of".

This amendment is in accordance with section 35 and covers the case of tenanted rather than untenanted lands.

Amendment agreed to.
Amendment No. 41 not moved.
Amendment No. 42 not moved.

I move amendment No. 43:

In page 26, to add to the Second Schedule "Cavan, Longford and Monaghan".

The object of this amendment is to define the counties of Cavan, Longford and Monaghan congested districts by adding them to the Schedule of the Bill. The congested districts as defined in the Schedule were first defined, and, indeed, finally defined, in the year 1909. Since that year the definition of a congested area for the purpose of the Land Acts has remained unchanged. I do not think it needs any great imagination or argument to convince one that things have changed considerably since 1909. The population in certain counties has increased and there has been movement from place to place. Furthermore, and more important still, the congested districts were then defined by an alien Government, by a Government who looked on congestion not from the point of view of Irish conditions but from the point of view of conditions in a foreign country.

It is, I think, an extraordinary state of affairs that we have not seen fit down through the years in any Land Bill to alter the definition of congested districts. One can see the absurdity of the position existing today when one considers that the whole of the County Roscommon and the whole of the County Galway are regarded as congested districts, whereas none of the County Cavan or Monaghan is so regarded. I suggest that there are vast areas in Roscommon much less congested, with much better land than any in County Cavan, and certainly there is much less congestion and much better land there than in west Cavan or north Monaghan.

In an earlier discussion of an amendment on this Stage the Minister spoke about the power he had to declare any of these areas a congested area but the mystery to me is that it has not been done before now. The Land Commission constantly has the position regarding congestion under review but they apparently have not advised the Minister up to this moment that any particular area in the counties of Cavan, Monaghan or Longford should be a congested area. That is difficult to understand. The failure to schedule as congested the counties I mentioned is an excellent demonstration of the hardship that can be inflicted.

When the Undeveloped Areas Act went through in 1952 the three counties I am dealing with were excluded from it in toto. It was not until shortly after the 1957 general election that these three counties were included in the Act. Senators will remember at that time that the Government, although they won the election, lost the seat in Monaghan and the seat in Longford, and did not do as well as they expected in Cavan. It took from 1952 to 1957 to get those areas included in the Bill. In the meantime the counties of Cavan, Longford and Monaghan suffered. That is an unreasonable approach to this matter.

I said before, and I repeat it again, that I am sure the Bill has been under consideration for some time. The Minister has complained that it took from the latter end of 1963 to the present time to get it through the Oireachtas. That is going on eighteen months. Surely it had to be with the Parliamentary draftsman for a year or so before that? Surely the Land Commission and the Minister's advisers were working on it for a considerable time before it got to the parliamentary draftsman? Surely the intention of the Minister and the Department was given to the parliamentary draftsman a considerable time before the Bill was introduced and they were told to put it in the form of a Bill?

The point about that is this. If the Minister or the Land Commission wanted to do so they could have had all three counties or, if not all of them, certain portions of them included, such as North Monaghan and West Cavan. It is patently manifest that no case in the world can be made for treating the parts of those two counties less favourably than Leitrim, Roscommon, Mayo or any other county. If the Minister is not prepared to accept the amendment I, at least, want an unqualified assurance from him that west Cavan and north Monaghan will be forthwith included. I leave Longford to my colleague Senator L'Estrange.

Can the Minister seriously deny the justice of the claims of Cavan and Monaghan? If he cannot how long does he intend to deprive these counties of the benefits conferred on those other counties under the Bill? He is giving preferential treatment to congested districts. That is what it boils down to. There are certain sections, noticeably sections 5 and 7, which confer benefits on districts which by virtue of their poverty are congested and are entitled to preferential treatment.

I urge, again and again, that the counties of Cavan and Monaghan are just as entitled to that preferential treatment as the counties of Leitrim, Roscommon, Sligo and the rest. If the Minister wants to say that the entire County Cavan and the entire County Monaghan are not entitled to preferential treatment he has a precedent in this Schedule because only portions of Clare and portions of Cork are included. As I say, I want to know how long these counties will be deprived of the benefit of these sections? I want to have an assurance from the Minister, if and when this Bill becomes law, that he will see that they are included immediately.

If there is such a thing as justice and fair play in the country today then County Longford should be added to this list and declared a congested area. Those of us who live near County Longford know the majority of the land is poor. There is no good land in any part of County Longford. Parts of it are very hilly, more are wet and boggy. The land is of a similar type to that in County Leitrim.

As Senator Fitzpatrick has stated, there have been no changes in the list in this Schedule or the list of counties and portions of counties in the congested areas since 1909. Surely we should move with the times? It is wrong that the Government should say what the British did was right because we have not altered the list one iota since 1909. There have been big changes in parts of this country since that time. It is absurd, as Senator Fitzpatrick stated, when you go through parts of Roscommon, where they have some of the best land in Ireland and parts of Galway, where they also have some of the best land in Ireland, to find they are included in the congested areas and will reap benefits while the farmers in Longford will not get any benefits under the Bill.

Send them to Westmeath and they will be all right.

They would have to pay double annuity. They are quite welcome. We would not object to them coming in. We have never objected to the people from Galway and Mayo coming in. In Longford there are 7,085 holdings according to the Statistical Abstract. There are 853 of those with under two acres. That leaves us with a total of 6,232 holdings. There are 4,990 of those holdings with under 30 acres of land. Out of the 6,232 holdings we find only 594 holdings have over 50 acres of land. The Minister stated that the idea is to give 45 acres of good arable land as a viable holding. I can assure him that 50 acres of Longford land is not a viable holding. Only 594 farmers in Longford have over 50 acres of land. That means that 5,638 out of a total of 6,232 holdings in the County Longford are uneconomic holdings. If many of those people get a portion of land they will have to pay a double annuity which is very severe.

What is the double annuity?

It is the full annuity. They will have to pay double the annuity which farmers from Roscommon, Galway, Leitrim, parts of Clare and parts of Galway will have to pay. It is the full annuity.

They are paying half.

The full annuity, they are paying at present. One is paying the full annuity and the other will be paying double.

Who pays the other half of the annuity? Would this amendment impose a charge on the Central Fund? I wonder is it in order?

Business suspended at 6 p.m. and resumed a 7.15 p.m.

When announcing the business of the House today, I said that we would take the motions on the Order Paper. I am very sorry to have to inform the House that it is not possible to take them tonight.

The Senator was a bit optimistic at the time. As I said, in Longford there is a total of 6,232 holdings, and only 594 are over 50 acres. Therefore, there are 5,638 uneconomic holdings in that county. If those people got an addition of land in the county, or in a neighbouring county, they would pay double annuities. The 1916 Proclamation guarantees equal rights and opportunities to Irish citizens and declares its resolve "to pursue the happiness and prosperity of the whole nation and of all its parts, cherishing all the children of the nation equally..." We know that does not apply to the farmers in County Longford, County Cavan, or the smallholders in County Monaghan. No matter what arguments the Minister or anyone else may make, in this House or elsewhere, they should be in the list of congested areas, and I believe they should be added to the schedule.

When this Bill goes through, there is no denying that section 7 will place a real hardship, and, perhaps, an unbearable burden, on the small farmers and small landowners in Longford who get an addition to their lands. They will have to pay the double annuity. A small farmer in Longford may have six, seven or eight children and he may get 30 acres of land. Another small farmer in Leitrim, where conditions are similar, may get 30 acres of land in Westmeath, let us say. Under the provisions of this Bill as it stands, the Leitrim man would have to pay — let us say £3 per acre for the sake of argument — £90 rent. The unfortunate farmer in Longford, Cavan or Monaghan, which are not included in the Schedule, will have to pay £180 rent. That is very unfair. It is not fair that he should have to pay the double annuity, while the man coming from a neighbouring county pays the annuity only. No one who goes through Leitrim and Longford can see any difference in the land, or in the size of the holding in either county. I believe, therefore, that County Longford should be declared a congested area and added to the list.

Is the Minister really serious when he suggests that a man in County Longford should have to pay double the annuity of a person who would come from Galway, Sligo or any of those other counties? In my opinion, it is a hidden way to reduce applications and to prevent people from those areas from applying for land. The idea seems to be to make the land so dear that those people will not be inclined to apply for it and if they get it they will not be able to pay the double annuity. I claim that it is unjust and morally wrong and I believe that the counties Longford, Cavan and Monaghan should be added to the list.

It seems to me that some Senators are under a misapprehension as to the role the Land Commission have to play in this country. I do not suppose there is a Senator from any county who could not point to particular areas, parishes or districts where there is congestion — not simply Cavan, Monaghan and Longford.

There is the book of statistics.

I am able to read the Statistical Abstract just as well as Senator L'Estrange. I listened to lengthy arguments on the Committee Stage from Senators Fitzpatrick and L'Estrange on congestion in the counties mentioned in the amendment. I felt sympathy with them. I think the Minister will do something about it, as he promised. There may well be areas in west Cavan which could be scheduled as congested: I have no doubt that that will be done.

Having listened to Senators Fitzpatrick and L'Estrange, I felt it might well be that these three counties should be added to the list but I went to the Statistical Abstract and examined the figures. I am not greatly influenced by some figures: 50 acres in Mayo is a very different matter from 50 acres in Meath. A more reliable guide is the table of valuations. It is not a perfect comparison but it is the best we have. I made some calculations from that table in the Statistical Abstract in respect of valuations for 1950, the latest date available. The figures I took were simple. I took those with more than £20 valuation and those with less, omitting, as Senator L'Estrange rightly suggested, those with valuations of £2 and under as they are not farms. We find some interesting figures.

Senator Fitzpatrick has a very confident way of speaking. He says that without a shadow of doubt nobody can possibly deny that Monaghan should be listed as a congested area, that it is as congested as anywhere else, and so on. Taking the State as a whole, the percentage of holdings under £20 valuation is 67. For County Monaghan the percentage of holdings under £20 valuation is 65. In other words, there is a larger number than average of holdings in Monaghan with valuations over £20. If the whole of the county of Monaghan should be scheduled as a congested area then, because Monaghan comes out better, on average, for the country as a whole, every other county should likewise be scheduled.

The figures for Cavan and Longford for the smaller holdings of under £20 valuation are not as good as those for Monaghan: there is a higher proportion under £20 valuation. The counties listed in the Schedule to the Bill have a much higher proportion of holdings under £20, than any of the counties mentioned in these amendments. Senator Fitzpatrick said — I do not want to misquote him — that in counties Leitrim and Cavan you would not see any difference in the type of land, types of holdings or size of holdings. I am afraid the facts speak differently. Taking Cavan as a whole, the percentage of holdings under £20 is 74; in Leitrim the percentage under £20 is 89.

Deal with West Cavan and North Monaghan.

The amendment seeks to add the whole of County Cavan to the list of scheduled areas. In County Cavan 74 per cent is under £20; 89 per cent in Leitrim; which comparison was essentially to the same type of holding.

What about Roscommon?

There, again, Cavan with 74 per cent, and Roscommon with 83 per cent under £20: there is no use talking in these terms. Any Senator can get up and say that the facts speak differently. The great bulk of the congestion in this country is in the areas listed in the Schedule to the Bill and there is no use in anyone assuming otherwise. I sometimes wonder do these Senators know anything about congestion.

We know as much as the Senator. We spent several months in Roscommon and Galway this year.

I lived with a family there for months on end and I hope I know something about the problem.

Do not let that go to your head.

Senator L'Estrange is only interested if he can go down to Roscommon or any other county and cod the people about things. He thinks that is all right. Take Mayo: 96 per cent. of the holdings in Mayo are under £20. What is the use of comparing that with Monaghan where only 65 per cent are under £20? In all these cases the figures are much worse in the places listed in the Schedule than they are in the three counties listed.

Monaghan is one of the highest rated counties in the country per acre.

That is another thing that is very easy to say.

I listened to the Senator talking about Cavan and Monaghan on the Committee Stage and it sounded very convincing. In fact, I was convinced to the extent that I took trouble to go and look at the papers. There is not a single county in the country that you could not say that about. I am quite prepared to concede there are areas of congestion in Cavan, Monaghan and Longford as there are in other counties. However, it is quite obvious that they are far far better off than any of the other counties.

I support this amendment very strongly. On Second Reading I made reference to the particular counties that were left out. I think that everyone who ever came into this House and got a nomination from the political Parties has a fair idea of the congested areas. There is not a boreen, or by-road that we did not travel to get in here. I have definite recollections of places which are included in the Bill such as Donegal, Leitrim and Mayo; but if we come to Galway, and leave out Connemara, there is as good land in Galway as in any other county. North Kerry is part of the Golden Vale. South Kerry is a poor part of the county. You would not get too many people coming from south Kerry to the midlands to take a farm of 40 acres because the man in south Kerry has a small valuation. He pays very little rates, but he has a great area of mountain where he rears sheep and where he makes a very considerable profit.

I think that the Minister could not consider Leitrim as anything but a congested area. The same applies to his own county — County Mayo. Parts of County Roscommon are very bad but there is a big percentage of it very, very good — as good land as in Meath or Westmeath; and the same goes for Sligo. We heard Senator Yeats talk about valuations and the number of people under £20 valuation in the various counties; but it might strike him as extraordinary that in County Westmeath out of 2,300 holdings we have 1,900 under £20 valuation: in other words, 83 per cent of the holdings are under £20 valuation in Westmeath. They are the figures I got from the county council before I came to the debate on the Second Reading. These are the exact figures.

I cannot understand why the Minister could not divide counties like Galway, Kerry, Mayo, Roscommon, or Sligo and include part of these in the congested areas; and take north Monaghan, Westmeath and north Longford and north Kerry and consider these as congested areas. I think it is most unfair to those people from north Monaghan and I know a fair bit about north Monaghan as my father-in-law comes from there. I know a bit about south Kerry as my mother comes from there. I know a section in north Cork that should be in the congested areas and it is not included. It is right on the Kerry border. It is an extraordinary thing that in the congested areas we have the greatest number of people who are in mental hospitals.

Could we now come to the amendment which concerns Cavan, Monaghan and Longford?

In Meath we get a very small percentage....

The Senator is going very wide of the amendment.

There are pockets in Roscommon and in Sligo that are as good as Meath. It is for that reason that I hold that in taking the counties as a whole mention should be made of Donegal, Galway, Kerry, Leitrim, Mayo, Roscommon, and Sligo. The Minister was not right in not including part of these counties which Senator Fitzpatrick and Senator L'Estrange sought to have included as congested areas.

I wish to support this amendment very strongly as, at least, a partial step towards relieving the situation. By and large, all the areas should be able to avail of the same benefits as those available for the congested areas. The scheduling of an area is, first of all, an indication of priority set up by the Land Commission to deal with the remaining land settlement problems. It is only right and proper that places like the congested districts in Cavan, Longford and Monaghan should be included. These are the most valuable provisions in the Bill. Under section 5, the facilities for self-migration which apply to the six scheduled areas are being denied to Cavan, Longford and Monaghan. Consequently, the three counties listed should be included.

Section 6 provides for the payment of annuities on the giving up of a holding. That presupposes that the Land Commission have a purpose in acquiring the holding. The purpose is to aid the surrounding smallholders. Under the Land Commission system of priorities, and so on, I believe there are areas to be found in all counties, and especially in the three counties listed, where such self-migration schemes would undoubtedly be of great advantage.

These benefits are being denied the people of Cavan, Monaghan and Longford. The situation up to now was that if the Land Commission came to the aid of smallholders in any way and gave them additions of land, they were entitled to have their annuities halved. They were entitled to get a start in their new life. Now, with the insertion of section 7, these privileges are being denied the people of all areas outside the six listed counties, and especially the three regions mentioned where most required. For these reasons, I support the amendment as a step towards the abolition of the discrimination that prevails under sections 5, 6 and 7 of the Bill.

I think this discrimination is unwise politically and is financially negligible because, for this scheme of priorities, the Land Commission has only a certain amount of money. The amount likely to be allocated for the next few years outside the scheduled areas is small. Therefore, why introduce discrimination when the amount involved is relatively small and when poor and deserving people are to be found in the counties mentioned as well as in the western counties? I think it is slavish adherence to a system of scheduling introduced by the British in 1909 when 56 years afterwards we are still unable to improve on their scheduling. They said these would be the areas that needed help most and 56 years afterwards that job has not been completed and we are unable to recognise the needs of the people outside those areas. Up to now the Schedule did not matter much. There were no financial conditions attached. Now there are financial conditions attaching and I cannot see why this discrimination should be indulged in.

Consequently, I appeal to the Minister to at least include these areas as a first test in removing this discrimination which can lead to nothing more than another spate of political agitation to bring the areas within the scope of the financial provisions of the Land Bill.

I should like to support the amendment. We should all like the Second Schedule to include the country as a whole. Knowing the Minister was determined to name a few privileged places, we picked out the worst areas that are not scheduled in the hope that the Minister would give them favourable consideration. Senator Yeats gave some interesting figures and it is a pity he did not go over all the counties. The findings in the National Farming Survey of 1956-57 show that 74 per cent of the farming population were living on incomes less than the then agricultural wage. That would indicate that 74 or 75 per cent of the farms in Ireland were fit to be scheduled. At least they had not viable holdings. For that reason, and because of the fact that the majority of Irish farmers are not in very well-off positions, I think the Minister could, in view of all the benefits those living in a scheduled area have over their neighbours in the rest of the country, extend the scheduled areas.

I wonder whether Senators who proposed the amendment have any sense of reality. This is a 1963 Land Bill and the proposed legislation has been delayed for two years by means of speeches at the crossroads, on public platforms and in the Dáil and Seanad. Senator L'Estrange is one of those who has delayed——

The Senator is talking through his hat.

Senator L'Estrange immediately interrupts.

That is a reflection on the Chair.

Senator Ó Donnabháin should keep to the point.

Is it only Fine Gael Senators who can speak in this House? Can they not take their medicine?

Senator Ó Donnabháin, to continue.

I shall not continue unless Senator L'Estrange shuts up.

It might be as well if the Senator shut up.

Perhaps Senator L'Estrange would keep order.

I shall not stand for that.

Senator L'Estrange must not interrupt.

Well, sit on it.

Senators in this House during the progress of the discussion on this legislation, which was introduced in 1963, have opposed it as dictatorial and as being the ruin of the farmers.

We must now come to the amendment.

Now, in this last amendment it is proposed to add other areas, and even the whole country, under the powers delegated to the Land Commission in order to provide for these added areas the benefits which the Bill will confer on the congested areas. They want other areas added because of the benefits provided by this legislation.

Senator McGlinchey made the same point.

Senator Ó Donnabháin must be allowed to continue without interruption. Senator Ó Donnabháin on the amendment.

"On the amendment" is the operative phrase.

I want to point out the inconsistency of the Senators who are now proposing to add extra areas to secure the benefits provided by this legislation. They now complain that other areas are not getting the benefits after, as I say, opposing the Bill for so long. Because of the benefits being provided under the legislation, they now want additional areas added.

We want the same treatment for everyone in the country.

I cannot really believe that the people who are making a case for the amendment understand so little about the fact that other areas can be declared by the Minister to be congested districts. I do not agree, and I cannot accept, that the people making the case for this amendment, to include other areas, are not aware of this, particularly the people who tried to suggest, here and outside, that this Bill would be the destruction of the farmers. Now, as Senator Ó Donnabháin has suggested, they want to involve areas like Longford, Monaghan and Cavan in this terrible destruction to be carried out under this Bill. Surely the Senators making a case for this amendment fully realise that a definition of congested districts was provided away back in 1906/07 when the Congested Districts Board was being set up.

By good old John Bull.

I cannot but feel that the movers of this amendment are fully aware of this, and that they fully realise that that definition has been carried forward in legislation down the years.

Under this Bill there is power to declare part of Monaghan, or even a part of Meath, as a congested district, if there are pockets of congestion there. I feel certain the movers of this amendment know that power is there. Is the feeling now to go abroad that all the abuse of this Land Bill is wearing thin, that the people outside are beginning to realise that there is something good in it? Those people who for so long and so deliberately opposed the Bill now at the last moment are proposing to add certain areas to the Schedule, in the hope that some form of political kudos will flow from this attempted addition at this Stage.

It is true County Roscommon is scheduled as a congested district but it is also true that there are areas in County Roscommon that could not be regarded as congested. Parts of County Roscommon would be regarded as no more congested than parts of County Meath.

Senators

Hear, hear.

The definition has already been brought forward and that is already well known to the mover of this amendment. It is, however, true there are pockets of congestion in County Meath, North Louth and on the Monaghan border, but they are not very extensive. But since the greater bulk of the congestion problem with which this Bill proposes to deal is in the congested districts already defined, we are back to the early years of this century. Surely there is nothing wrong in maintaining that definition which has been so well defined.

Senator L'Estrange must keep order.

It is surprising to note how anti-British the Fine Gael Party have become.

And how pro-British others have become.

I am well aware there is congestion in areas of North Longford and West Cavan, but there are areas in East Cavan that are not by any means congested. While I still maintain there might be pockets of congestion, the movers of this amendment want to create a situation whereby the whole country must be regarded as a congested district. Apparently it is regarded as politically advantageous to suggest now that the scope of this Bill should be broadened. It is broad enough and contains powers to declare areas in Leitrim, Monaghan or Cavan congested districts. The Bill, when it becomes an Act, will be in full operation in the areas so scheduled by the Minister under the Act.

If I were to quote figures in regard to County Leitrim, I would only be requoting something Senator Yeats substantially quoted. He excluded people of £2 valuation and under, and the figures I have are 10,808 holdings under £20 valuation in Leitrim and something over 1,000 over the £20 valuation. I do not know what the position is in Mayo. There are areas where there is no congestion in Mayo but the bulk of the congestion exists in the counties scheduled and I cannot understand why it appears that Senator L'Estrange has a new-found interest in the people of North Longford.

I am prepared to suggest that people can put any interpretation that suits them on figures, even the figures quoted by Senator Yeats. While they are accurate as far as he quoted them, there is the fact that in areas of North Longford, Cavan or Monaghan, because of the old land settlement policy, there are cases of two or three holdings under £10 valuation owned by the one person. It is only when officials of the Land Commission begin to examine the situation when this Bill becomes law they will see where the congestion is and where the real small farmers are in Monaghan, Cavan or North Longford. When the situation is clear, it will then be quite possible for the Minister to declare certain electoral divisions in Cavan, North Monaghan, or anywhere else, congested. The movers of the amendment know that quite well.

Put it into the Bill; that is what we want.

The Minister in dealing with this legislation has shown much good faith and I should like to hear him make a statement on section 4 (1) (b):

Each of the following shall be a congested area for the purposes of this Act—

(b) such other area as may from time to time be declared by order of the Minister to be a congested area.

I do not agree entirely with the amendment, just taking three counties and moving them into the Schedule en bloc. There is a case which can be made for certain portions of those counties, particularly North Longford.

We may not go outside the scope of the amendment.

I should like to hear the Minister make a statement on the bringing up to date of the Second Schedule for the purpose of declaring certain areas in the country as congested areas as has been done in the Schedule in relation to County Clare and County Cork.

Senator Fitzpatrick and Senator L'Estrange have been appealing to me to extend the provisions of the Bill to certain other counties. Cavan and Longford were mentioned. Another Senator suggested Westmeath and so on. Some Senators on the other side of the House seemed to suggest that it was a matter for rejoicing that the Bill in its present form and with its terrible implications would not be applicable to these counties. At all events, the congested areas in the Schedule of the Bill have long been established.

It is easy to talk about congestion and land slums. There is congestion and congestion, if I may put it that way. On the Committee Stage of the Bill, when figures were quoted in relation to Longford, I pointed to the fact that for every holding of £10 valuation there were seven in my native county and for every holding under £30 in both counties there were six in the County Mayo compared with one in County Longford. There is no question at all for anybody who is familiar not alone with the counties set out in the Schedule but with the history of our country as to where the congested areas are and why they are there.

The Schedule sets out the congested areas, originally defined under the 1909 Act, as counties Donegal, Galway, Kerry, Leitrim, Mayo, Roscommon, Sligo, portion of the County of Clare comprising the former rural districts of Ballyvaughan, Ennistymon, Kilrush, Scariff, Tulla, and Kildysart and portion of West Cork comprising the former rural districts of Bantry, Castletown, Schull and Skibbereen. It is the whole western seaboard and the mountainous areas of the counties concerned, going right around from West Cork to County Donegal. Down through the years these congested counties and the congested areas in them were specially recognised, not alone under one particular law, but by many Departments of State, including the Department of Agriculture. Those familiar with the congested areas know there are special reasons for taking what Senator Quinlan would call discriminatory measures for the relief of these areas because of the congestion in them.

We had everything from special local parish agents to seed potato schemes in the congested areas through the years because of the fact that all the people were on subsistence level and were living in land slums Their counties, economically speaking, could in no way be compared with the rest of the country. That has been there long before the establishment of this State and particularly since its establishment and it has been recognised that there are special needs arising in regard to these areas. If the protagonists of Fine Gael felt so strongly about this question and what a disgrace it was to take over the British definition in the Land Act of 1909, one would imagine that they would have taken the opportunity, when they were putting through the Land Act, 1953, of wiping out that desperate definition of congested areas which is in existence at the moment. It is extraordinary, at that time, when they were dealing with the handing over to the Minister of the particular power of dealing with rearrangement schemes, which is the only way in those areas of dealing with rundale estates, that they did not think of extending the scope of congested areas. At all events, these congested areas, as defined by law, were put in by me in the Bill as an easily recognised base from which to start. I intend, after proper investigation, that congested areas in other counties will be added to the list. I am taking power, as Senators know, to extend the definition of congested areas to any place in the country.

A suggestion, for whatever purpose, has been made in the amendment that, without any investigation, I should throw in the counties of Cavan, Longford, and Monaghan, irrespective of their needs, or irrespective of the needs of congested pockets in other counties. The very same people make arguments that parts of counties already scheduled should not be there at all. I do not see the logic in that particular argument. One can find, I assume, in any country, a pocket of congestion. Certainly, one can find that one, two, or three people could be on uneconomic units but it is utterly unrealistic to suggest that in any county you have the same intensity of congestion as we have in the areas scheduled in the Bill. These areas have been so recognised down through the years. As I have said, these areas became land slums because of the history of our country, particularly since the Cromwellian time.

There has been talk about assurances given by me under the Bill or in dealing with the Schedule. The only assurance I can give is that the benefits of this Bill will be brought, as quickly as possible and with all the energy I have, into operation for the relief of congestion, irrespective of where it is. I have, in fact, taken power, in reply to Senator Brosnahan, to apply this provision to any pocket of congestion. I stated on the Committee Stage of the Bill that should the Land Commission officials in dealing with any parish or any townland find it necessary for their purposes to relieve congestion they should have the pocket scheduled. Here we have a ready means of doing so in order to relieve congestion in the area. It stands to reason, however, that the big challenge which we face in this country — it is a challenge which must be met and met quickly in the areas concerned — arises in the counties and the areas which are scheduled under the Bill. It is on these areas, which are the sources of our greatest emigration and the cause of our greatest rural problems, that the full effect of the Bill and the full power sought under it must be brought to bear as quickly as possible. Figures have been quoted. I do not wish to devote much time to them now except to warn the Seanad — I shall probably deal with them on the Final Stage of the Bill — that figures can be misinterpreted and misapplied.

I want to warn the Seanad to take heed of what has been said here by Senator O'Reilly. If Senators look at the Statistical Abstract down through the years, and take the figures baldly without digesting them, they are liable to come to some very extraordinary conclusions. The key to the situation is, as Senator O'Reilly said, that in many cases there are three holdings in the ownership of one person. In many cases, in the congested areas particularly, you can have tenant farmers with eight or ten separate demand notes, and half a dozen or a dozen rental receipts, indicating that all the land units are in the ownership of one person. Some utterly daft conclusions have been drawn by some people taking these figures and assuming that each and every land unit is a farm and a family. We will have another opportunity of dealing with this misinterpretation.

This Bill for the first time enables the congested areas, as defined by law, and as practised and operated under the land code down through the years, to be extended by Ministerial order where the necessity arises. That will be done in the operation of the Bill. As I said, this is the first time it has been attempted. Those who now seek to write particular counties into this schedule seem to be newly converted to the overall effect of what will happen under this Bill.

The Minister, Senator O'Reilly and Senator Ó Donnabháin seem to think they are in some way scoring a political point in criticising me for seeking to include three counties in the schedule. They seem to think that by doing that they can accuse me and this Party of having had a change of mind about the Bill. Nothing could be further from the truth. Since the Second Reading of the Bill in 1963, the attitude of this Party on the Bill was made perfectly clear by the Leader of the Party in the Dáil. We accepted at all times that there were good sections in the Bill, and we made it abundantly clear that there were bad and dangerous sections in it.

This plea which I am making now is no more or no less than that such good sections as are in the Bill — to wit, sections 5 and 6—should be extended to counties where there is actual congestion, as distinct from what I shall refer to as statutory congestion. Senator Yeats in his defence of the refusal by the Minister to include Cavan, Monaghan and Longford in the Bill, rushed into the Library and got the Statistical Abstract. He proceeded to quote entire counties. I would invite Senator Yeats to heed the remarks of the Minister before he sat down that figures can be very dangerous and can mean nothing. I invite the Senator also to take a walk around west Cavan and north Monaghan, and see for himself what he will find there. He will find there is actual poverty there, and great congestion.

As there is in parts of every county.

This amendment is put down to afford us an opportunity of discussing the question in principle, as amendments are always put down by members of the Opposition. If they are acceptable to the Minister in principle, he and his parliamentary draftsman and experts can modify them.

Hardly on Report Stage.

There is a precedent for saying the congested areas should be extended to include Monaghan, Cavan and Longford. I will go back to the Undeveloped Areas Act. When that Bill was introduced and passed in 1952 it had the same schedule as the schedule to this Bill. They took the lazy way of looking at congestion and undevelopment. They put their hands up and took down a schedule which was drafted in 1909 and wrote it into the Bill. Time proved, and the 1957 general election proved, that Monaghan, Cavan and Longford should have been included in the Undeveloped Areas Bill, and those three counties were then for the first time added to the old traditional congested districts, and written into the Undeveloped Areas Bill.

There was a change of Government.

There was a general election and Fianna Fáil lost a seat in Monaghan; they lost a seat in Longford; and they were badly shaken in Cavan. That is when these three counties were added to the Bill. There can be no doubt about that. I think Senator O'Reilly said—I am not certain; I may not be correct—that there were 10,000 holdings under £2 in Leitrim.

Under £20. I was including those under £2.

The Senator says there were 10,000 under £20. There are only 10,000 holdings in the entire county of Leitrim so there is where the Senator's figures will get him. There are 500 under £2.

The Senator's figures are wrong.

May I give the figures?

I do not believe in figures at all.

Either the Senator wants the figures from the Statistical Abstract or he does not.

Senator Fitzpatrick, to continue.

In this age we hear a lot of talk from the Government about fresh thinking, about the need for a new approach, and about the need for thinking ahead. Surely, slavishly following the type of social thinking there was in 1909 is not fresh thinking. Social thinking in 1909 was that the counties and the areas in the Schedule to this Bill were the only areas in Ireland where there was congestion. Surely we have come a long way since then, but we have the Minister, and the Government, endorsing the type of thinking we had then. Surely, as I said earlier, the Minister should have availed of this opportunity to go some of the way, by including the counties I have mentioned, or certain portions of those counties, in the schedule.

He has not done that. The Minister tells us that he will do it by order. I should have thought that he would now put some of his work and that of his Department into the Bill by declaring the areas he considers should be included. The Minister says he will do it by order. These are orders behind closed doors. These are orders which the Minister has refused, in the teeth of an amendment from this side of the House supported by Independent Senators, to put on the Table of this House for discussion. That is another reason why I think it should be done now and not later on by order.

I think, again, that it is a bit absurd to say that the standard of congestion accepted in 1909 is good enough for today: it is not. The whole circumstances, including the population of the country, and everything else, have changed.

We have not even got an undertaking from the Minister that he will immediately include any further areas under the Bill. I asked him that, when moving the amendment. All he said was that he would apply it to the whole country as soon as he can. Surely that is evidence that the Land Commission, under him, have not been carrying out a proper survey? Surely that is evidence that the same old standards will continue to be applied for the next 50 years as was acceptable to himself and his predecessors for the past 50 years?

I will not be terrorised or closed up by any reference to 1950. We are here today, in 1965, to try to make the best job of this Bill that we can. If something was not done as well as it should have been done in 1950, that is no excuse for not putting it right now. Either the Minister says there is congestion only in the areas in which the old Congested Districts Board said it existed, in 1909, or he admits that there is congestion in other parts of the country. If he admits there is congestion in other parts of the country, and he has reports to that effect, he should write it into the Bill. The best thing he could do for a start, is to follow the example of his colleague, the Minister for Industry and Commerce, who decided that the counties on whose behalf I now speak do need special treatment and are deserving of being included in the Undeveloped Areas Act as backward counties, as counties poorer than the average counties, as counties with a high unemployment rate, as counties with a large emigration rate. That is the reason, and the only reason, they were given the benefit of the Undeveloped Areas Act. That is the reason I claim they are entitled to the good sections of this Bill.

Amendment put and declared lost.
Bill, as amended, received for final consideration.

I object to taking the Fifth Stage at this late hour. We have already ordered motions, and so on. There are motions on the Order Paper for today and no attempt has been made to take them. Consequently, I am opposed to taking the Fifth Stage now.

It was indicated by me two weeks ago that this is an urgent Bill. Senator Quinlan does not realise that or, for his own purposes, he clouds the fact. I indicated that I was prepared to agree that the House should meet on Tuesday, provided we finished all Stages of this Bill tonight. I propose to continue in that attitude.

Question proposed: "That the Bill do now pass."

On the last Stage of this Bill, I wish again to put clearly on record, so that there cannot be any doubt or dispute or misunderstanding about it, the attitude of this Party towards this measure. At the outset, we approached it as a Bill which contained some good sections but we pointed out to the country that it contained certain dangerous sections, certain sections to which we could not subscribe. It would be an extraordinary state of affairs if a Party with a Leader whose father and grandfather before him did so much for the acquisition of land and for the rights of our small farmers should oppose any measure genuinely intended and calculated to further the interests of our small farmers—and that is who the Leader of this Party is. That has been our attitude throughout the discussion of this Bill in Dáil Éireann and in Seanad Éireann.

This Bill emerged from Dáil Éireann and is now leaving Seanad Éireann a much improved Bill. One of the great sections in this Bill is section 45 which restricts the purchase of land by foreigners. When first introduced, the Bill contained no such section and no such prohibition. As the Bill went through Dáil Éireann, this Party put down amendments, one of which was that the unrestricted purchase of land by foreigners should be prohibited in the national interest. The Minister, and the Party behind him, in the summer of last year, resisted that amendment and said it was not necessary. Indeed, the former Minister for Agriculture is on record as saying that foreigners were welcome to buy land here as long as they worked it properly.

In the face of persistent pleading by the Fine Gael Party and by other Parties in the Dáil, the Minister belatedly, and in the face of a by-election in East Galway, accepted the proposition that the unrestricted purchase of land by foreigners should be prohibited. If our obstruction of the Bill in the Dáil led only to the insertion of that section, then the obstruction was well worth while.

There are some good sections in this Bill, which I welcome. They will do good. Section 5 is a good section. It provides for advances to farmers in congested areas to buy land elsewhere, to help these, so to speak. That is a good section. The only pity of it is that it applies only to the statutory congested districts and not to the actual districts of congestion.

Section 6 is a good section. It provides that a farmer may sell his farm to the Land Commission in return for an annuity and a right of residence. It would encourage old farmers who have no immediate dependants to give over their land and in return to receive a pension.

I have already dealt with section 45. I think it is a well worth while section, a section which was badly needed and which will do considerable good.

There are several tidying up sections which are useful and which will simplify procedure in the Land Commission.

There are a number of sections which we have opposed from the beginning and will continue to oppose. Some of them we succeeded in improving and they are not now as objectionable as they were when introduced; but they are still objectionable. For example, Section 12 prohibits subletting and subdivision. There are two schools of thought on the effect of that section, and not only two schools of lay thought, but two schools of thought in the legal world as to whether this section affects conacre, agistment and so on. The Minister in dealing with that allegation said there was no room for doubt, that it did not apply to that type of letting.

Senator Nash very wisely said that when a new Bill goes on the Statute Book, nobody knows what the law is. The truth is that this section will have to be interpreted by the courts afresh, because it is not on all fours with any previous section on the same subject. We invited the Minister to put the matter beyond doubt by writing into the Bill that it did not apply to conacre letting, grazing letting or agistment letting but he must have thought he would lose political face if he yielded and he refused to do so.

Section 13 is the freezing section, the section which when the provisional list is published, or when a farm is inspected, lays down that the owner of that farm may not, without the consent of the Land Commission, deal with that farm in any way for three months. Admittedly, we improved that section, too, because when introduced first it provided that such land was frozen for 12 months. That period of freezing has been reduced from 12 months to three months. I made a special plea that that section should not apply to the right of a father to transfer his farm to his child during that period of three months. The Minister steadfastly refused to accept that and I think that he will live to regret it. He did not answer the case I put up in support of the amendment. He dealt with sales to all sorts of people and transfers to all sorts of relatives. This section as it now stands prohibits a father from transferring his farm to his son within the period of three months from the publication of the list or the service of the note. I think that is wrong, fundamentally wrong. It is against the tradition of preserving family farms in this country.

Section 27 is a completely new departure. It provides for the first time in the history of land law in this country that the political head of the Department of Lands shall have the right to initiate the acquisition and distribution of land. I know the Minister will violently disagree with me on that, but I propose to try to show to the House that in fact that is the effect of the section. Until now no Minister claimed the right to order the inspection of any man's farm. That was regarded as an excepted function which could be exercised only on the direction of the Lay Commissioners, but the Minister has, by section 27, taken unto himself the power to order one of his inspectors to go in and inspect a holding. I say that is the first step in the acquisition of land. I do not think it is possible to disagree with that.

Surely before land is acquired it must be inspected and the report of the inspector who goes in will very probably determine whether the farm will be acquired or not. If the inspector knows that he has been sent in by the Minister to inspect the farm with a view to acquisition, I do not think it unreasonable to say that he will go in to make the inspection, prejudiced in favour of acquisition. That is a reasonable proposition. The Minister is his boss. His future in the Civil Service depends on the Minister. If the inspection is the first step towards acquisition, it is also the first step in distribution, because the request for acquisition will almost certainly come from some neighbour in the locality who is desirous of getting an allotment. In that way land distribution is being thrown into the arena of Party politics, which is an undesirable thing. That is happening for the first time not alone since the foundation of the State but in the history of land law in this country and under the administration previous to the foundation of the State. The Minister's argument was that this was necessary in order to expedite the acquisition of land and to cut red tape.

The Leas-Chathaoirleach, in an amendment yesterday, suggested to the Minister an effective way of expediting the matter and getting round the red tape. There were many other ways of doing it in a quasi-judicial way. At the moment two Lay Commissioners must make a decision apparently and that, argued the Minister, would slow up matters. They would have to speak into a joint phone if the matter were to be hurried up but what is the difficulty in putting a section into the Bill authorising one Commissioner to give the order? If the Minister could take the right to give the order, it would not be unconstitutional for one of the Lay Commissioners to do it.

As the members of the House will know, the advantage of entrusting this discretion to a Lay Commissioner rather than to the political head of the Department is that the Lay Commissioner has fixity of tenure. He is a quasi-judicial officer who is not dependent for promotion, or for anything else, on the Minister of the day or on the Government of the day. That is a good thing. It leaves him in a completely independent position — in a position to exercise his discretion without fear or favour towards anybody and to make up his mind on the merits of the case. That is as it should be, particularly in regard to something so sacred or so dear to the hearts of the people of Ireland as the distribution of land.

It is regrettable that the Minister put this section into the Bill the first day, and it is even more regrettable that he refuses to see the force of many arguments in opposition to him, and modify or amend it. It is, in one way, a great pity that, when a Bill is introduced by a Minister, it becomes a question of principle if he has to amend it in what is regarded any fundamental way. He regards it as a defeat and a reflection on him. May I just say, in passing it is a good job the Minister for Justice has come away from that approach to Bills. If in some of the sections which appear to be sections of principle in this Bill the Minister for Lands had followed the example of the Minister for Justice, he would have ended up here with a better Bill.

The next section I want to deal with is section 35. It is a section which removes some of the defences available to a farmer whose land is being acquired. One of the provisions is that if a farmer offers his farm for sale, he is completely at the mercy of the Land Commission for 12 months. I suggest that is unreasonable. There should be a provision that if he had reasonable cause for changing his mind, he should not be prejudiced by the fact that he offered his farm for sale. The absurdity of that can best be understood by saying that a farmer can go around quietly and try to sell his farm by private treaty, without advertising it, and the Land Commission will not know about it, but let him do it in the open and he immediately loses the defence and is liable to have the land taken from him.

The other section with which I personally and violently disagree relates to the three-mile limit. We used to have a three-mile limit in other spheres in this country. It did not prove workable and had to be got rid of. This three-mile limit is much too narrow in 1965. A farmer should be at liberty to live within a few miles of his farm if that suits him, so long as he operates the farm in the national interest, but it is written into the Bill that if a man resides more than three miles from his farm and the Land Commission want to take it from him, he is completely at their mercy and there is nothing he can do about it.

I, on behalf of this Party, wish the good sections of this Bill, with which I have dealt, well. I hope they will achieve their objectives and will be extended to the rest of the country, especially the congested areas properly called. I trust the dangerous sections will not have the effects I feel they will have. Nevertheless, they are in the Bill. Nevertheless, the Bill is leaving this House a potentially dangerous weapon, an instrument under which the reasonable rights of private ownership can be interfered with. I know the Minister's argument to that is that it may be and that it is possible to attach reasonable rights of private ownership under the Bill but that no such attack will be carried out. That is the Minister's mind on the matter and I accept it but I still think that any legislative assembly, which passes and puts into the hands of the Executive a measure potentially dangerous, a measure under which the reasonable rights of private ownership, private property and family traditions can be attacked, is doing less than its duty to the people it has been elected to serve.

As I say, I wish the good sections of the Bill well and I sincerely trust the dangerous sections will be handled very carefully. I believe time will prove that there are sections in this Bill, particularly section 27, section 13, as it stands, and section 35, which will have to be modified and amended.

First of all, I should like to wish the Bill luck, now that it is in its Final Stage. I, as a member of this House, am proud to have been associated with its passage because, to my mind, as far as the area from which I come is concerned, it is intended to deal with it under this Bill.

The Bill is one of the finest pieces of legislation introduced since the State was founded. I can see, since the time the three F's came to the rescue of the small farmer in the west of Ireland, that the Land Bill, 1963, which it was originally intended to be, will be hailed later on, as a result of its implementation, as the charter of the small farmers in the western counties.

I am glad that an Irish Minister who not alone in his professional capacity is familiar with all the pros and cons of this matter but who was bred, born and reared in the western counties, has had the distinction of bringing to an end for once and all the curse of Cromwell on the western seaboard. If problems have arisen in recent times since the introduction of this Bill, the Opposition must accept some of the responsibility. If this Bill had become law as it was originally intended to become law a short time after its introduction, many of the problems which have been mentioned in this House over the past few weeks might have been cleared up in the areas for which this Bill was intended.

I mentioned on Committee Stage that unless the administration of this measure is brought up to date and made efficient, it will be for nought. I would also mention and recommend to the Minister, in the case of counties such as Leitrim, which, to my mind, is one of the most congested in the western seaboard, the necessity for high-powered, efficient administration of this Bill, when it becomes an Act. I mention Leitrim particularly because the land in Leitrim is not of the same calibre or the same worth as in some of the other counties on the western seaboard. There is a balance in them because they have good land and some industries. It is an indication, even before the Bill has become law, that in the counties provided for under the Bill, the problems mentioned here are problems which the Bill has set out to solve.

As an indication of this, in the counties of Sligo and Leitrim this year, 4,000 acres of land were inspected and of that acreage, 1,500 acres have been divided. The average in the year was 700. We have a senior inspector and a junior official. I do not know what the usual office staff is, but in the Carrick-on-Shannon area, there is no staff. The man there has to be out in the field and there is nobody to deal with the queries which come in. I would emphasise and plead with the Minister that an efficient administrative staff be appointed as soon as this Bill becomes an Act and every effort made to implement all its sections. I have no fears with regard to the rights of the individual or the rights of private property because I know no Irish Government will ever interfere with these rights.

We are all fully aware if any attempt is made, or was made in the past, with the rights of individuals or the rights of private property, that people are fully conversant with their rights. We have had applications to the courts to have those rights asserted, so, as far as this Bill is concerned, there is nothing the smallholder or the landholder has to worry about in regard to his rights.

I would like, in conclusion, to pay tribute to the Minister for the admirable and painstaking way in which he guided this Bill through the House. He has bent backwards in trying to meet all the points which were made. It was no easy task at times but he is a man who is capable of doing so. He deserves the congratulations of this House on this Bill, during its Final Stage. I hope the hopes which were expressed in this House will be realised under this Bill and that it will be a Bill to solve all the land problems of the west of Ireland.

When this Bill came before the Seanad, I said to the Minister if a few amendments were introduced, we would support the Bill. However, the sticky sections of the Bill, sections 4, 5 and 7, as far as we were concerned, have not been changed and the Minister has refused to give way on them. With regard to his definition of congested areas, what has been said here today, that he should not have taken the 1909 definition, is justified. It suits me, however, because it covers the whole of the west of Ireland and a few other districts, such as parts of Cork and Clare. It was a very good idea of the Minister to do that.

Section 5 is a section which advances money for people in congested areas to purchase land. I consider any uneconomic holder is entitled to get money to enable him to improve his position if he is from a congested area. Small farmers with ten or 12 acres would like to get on and would be a reasonably good type of farmer if they had more land. Money should be made available to them if they come from congested areas.

I can never see why the Minister introduced section 7 into the Bill at all. I do not understand why he should ask some uneconomic holder from outside the congested areas to pay the full annuity while someone coming from a congested area is asked to pay only half that amount. Indeed, I can see the Minister for Finance being asked how much this particular section brought into the kitty for the Land Commission. I am quite sure the amount which it will bring in will never be worth bothering about. That is my opinion about section 7 and I am surprised the Minister did not give way on it.

With regard to sections 12 and 13, the Minister has convinced me that there will be no undue interference as regard the letting of land and that there will be no great changes. Still the sections are there and they will allow him to interfere if people abuse land by letting it, by setting it and we could agree with that. Certainly there was one section that we did welcome, and it was not in the Bill as introduced in the Dáil: section 45. We thought it was long overdue, and I for one want to praise the Minister for his courage in introducing it. I think the point was made today that if the Minister had extended the congested areas just as the Minister for Industry and Commerce did in the Undeveloped Areas Act, we would have been much more satisfied with the Bill today.

I should also like to add my word of praise to the Minister for the patience and understanding he has shown during the debate. I should just like to raise a point on the question of economic holdings. During the debate various attempts were made to define in area what an economic holding is. Various speakers thought the area is from 25 to 45 acres. There is no attempt to define it in that way in the Bill.

The area of an economic holding has changed in recent times. I think the Minister admitted it has changed in his political lifetime. Undoubtedly it will change again. It will probably change because the standard of living of other sections in the country will rise. It is rising constantly year by year, and unless agricultural prices rise similarly in the next years an economic holding will be a different thing in ten years' time. I should like the Minister and the Land Commission to bear in mind that an economic holding will probably be much larger than is envisaged in the area definition various speakers and the Minister have mentioned. What we might think appropriate now will not be appropriate in perhaps ten or 15 years. The Land Commission should take note in the division or consolidation of holdings, that it may well be in the not too distant future that these holdings will be considerably larger than we now envisage.

As everyone knows, during our own short political lifetimes the area of those holdings has changed considerably and also the circumstances which are necessary to make it a satisfactory holding for a family to live on. I should like to issue that note of warning to the Land Commission, to the House and to the Minister. They should not be absolutely, precisely and strictly, a certain number of acres and no more. Perhaps some holdings should be considerably more so that they would be suitable for a man with a good working family, or perhaps for a man with a small family. The debate on the Bill has been very satisfactory and I hope the Bill will have a satisfactory future.

Could we find out at this point how many more speakers are likely to offer? The Minister will require some time to reply.

I take it we are not going on to other business tonight.

Not if we have to sit late to finish this Bill. Could we have an idea how many other speakers there are?

An Leas-Chathaoirleach

Two.

In case the debate happens to run over the time, I take it it is agreed to sit late to dispose of this Bill?

Could we have something definite on the Mines and Quarries Bill? I take it it will not be reached.

If we could, we would like to get the Minister's opening statement on it.

It is 9.5 p.m. now.

It is a Committee measure really. If we could get the Second Stage tonight, it would be appreciated.

We will see.

I should like to begin by joining in the tributes to the Minister for his patience and skill in handling this Bill. We all tried as best we could to contribute to the Bill and to highlight the dangers and difficulties as we saw them. Rather than criticising the Seanad for the fact that we took nine days on the Bill, I think it is a matter on which we should be heartily congratulated. The Seanad took its duty so seriously that it combed the Bill section by section. As I have heard from many who read it, the debate has been a credit to Seanad Éireann. We can take pleasure and pride in the fact that we did our duty. I hope that if other and longer Bills come to the House, we will not shirk our duty either.

It has been unsatisfactory to have to deal with the Bill in nineteenth century fashion. Many of the points with which we were concerned, and deeply concerned, such as the size of farms, agglomeration, and the various powers under the Bill, could have been far better dealt with by a permanent land committee of the House. If we had such a permanent committee, it would mean that before the Bill came on the floor of the House, the committee would have met the Minister and his leading experts in the Department, across a table. We would have spent hours without any preconceived ideas or any decisions rigidly taken as is inevitable when the Bill comes to the House. We would have achieved far more if we had had that opportunity.

I take this occasion to appeal to the Minister, and through him to the Government, to modernise rapidly our system of handling such Bills. We should have a modern committee system rather than the type of committee system we had to go through in recent days in an effort to get points across, very often misinterpreted by both sides, and overstating the position in the hope of getting across what is really behind an amendment. I hope that in the future we can get away from that position. That does not mean that Committee Stage in the House will be by-passed, but when a Bill comes to the House, it will have been combed, and severely combed in those conditions, and we could have a great deal more agreement, and a quicker passage through the House for such legislation.

We have spent already a total of 54 hours on this Bill. If 30 of those hours had been spent in real modern-day Committee, with modern-day aids and with the officials concerned in a position to discuss and to debate with us, with the Minister acting as chairman or referee, we should have achieved far more. Consequently, I renew my statement that this Chamber needs to be modernised and to be made the spearhead of a new and modern Committee system.

This Bill has been improved in many respects, though there are many features which exemplify this adherence to rule by order and by regulation. That is something that any of us who values liberty and appreciates the role of Parliament in our lives must fight against, day in day out. Otherwise you are just handling over our liberties simply for the making of orders or regulations. The really essential things concerned with land division are not in the Bill but in the orders and regulations. It was merely an order that stated the size of a standard land holding to be given — at present 40 to 45 acres. In other words, by a sweep of the pen, by an order, the Government have decreed that 100,000 people must be shifted off the land of Ireland. That is an order that was never discussed in Parliament and that never had any rational planning behind it to show where it is leading.

Again, we have a very unsatisfactory state of affairs about the really important financial provisions of this Bill — the right to make arrangements for an annuity, the arrangements for self-migration from congested districts and whether a new man, getting a portion of a divided estate, will have to pay half or full annuity. All these questions are left hanging in mid-air, governed by an order from the Minister. That, I suggest, is the most unsatisfactory feature of this Bill.

I feel certain that if we were in Committee, the Minister would not have to take the responsibility for this. This is not the Minister's decision. No rational Minister could have brought in such departure from the policy that has operated for 30 years of halving the land purchase annuities. A Minister for Lands would not, of his own volition, have brought that in. We all recognise it as a device by the Department of Finance to save money on this Bill. It is a very misguided saving. It introduces an element of apartheid into our approach to this that should be anathema to us, where a citizen of one county is not as good as a citizen of another county.

Also, it opens the floodgates to all sorts of political pressure. Take, for instance, groups of smallholders who believe that some time, somehow, they will get a piece of land and that they must get on with the agitation now to ensure that they will get the benefit of half the annuities.

This measure comes at a time when the value of land is inflated by artificial forces, which is really speculation on our entry into the Common Market. In times of such inflation, it is misguided and doubly unreal to suggest that if a farmer from a non-scheduled area gets land, he shall pay the full annuity, which is at least £20 per Irish acre. It contrasts very sharply with Government policy in the settingup of industries. On the one hand, the farmer is taking over his 40 acres or whatever it is: that is his factory. Our hope, in his taking it over, is that he has been specially selected for that work and will produce increased wealth out of that area. Consequently, he is in every sense an industrialist coming in to modernise the farm and to take it over. The old land annuities are paid off, which amount to only 10/- an acre, but all the rest is put down on the unfortunate man about to make a start. That is unreal and imposes an added hardship on a man starting out on a small farm at a time when he needs capital and every inducement to get on with the work.

Again, the approach to subdivision is unsatisfactory. There is a very dangerous clause in this which would seem, in my reading of it, to limit the Land Commission — to prevent them from agreeing to a subdivision where the area involved is less than the area they are using for the time being as the standard for an economic farm. If that is the case, then the strictures of the Most Rev. Dr. Lucey, and others, on the policy of the Land Commission in relation to subdivision are more than well founded.

Again, we have section 35, which, as I have shown, has not in any way sought to tackle the real problem there of agglomeration. We have the fact that landowners, titled owners and others, who have managed to get 1,000 to 1,500 acres privately over the past seven or eight years are now entitled to turn up their noses at the Land Commission by availing of section 35. They have the capital to do extensive farming—as extensive, at least, as is being done in the adjoining county. Therefore, they can satisfy the adequates on this score.

Rather than see a man with 900 acres and another 200 acres, would it not be better to see those 200 acres divded among five families at 40 acres each? That is what we have to face up to. Our major problem to tackle is that of agglomeration. The activities of the Land Commission will be limited by the availability of land, which is a major factor. They will be limited far more by the Department of Finance who will not be in a position to provide anything like the finance necessary to cope with the land problem in a reasonable time. I do not think the nation could afford to face up to that. Our present £3 million a year, allocated under this heading, was sufficient for a 20,000-acre subdivision. I would say that, at the moment, our figures will run nearer to £250 an acre and that will quickly have to jump to £5 million. At the same time, with larger allotments, we are able to help much fewer people. Land division is not the solution to our problem but intensification and building upwards on what we have. That will mean the Government coming to the rescue of those small people, giving them small grants to intensify their holdings, leading them to avail of the scientific knowhow and providing, in the last resort, that they themselves will ensure that the assets continue by making proper provision for their depreciation.

These are what I commend to the Minister, in conclusion, and these are the real problems we face in the future. The Land Commission's activities are merely fringe activities, which will affect a certain small number. At present, they are affecting fewer than 2,000 families a year. There is no hope that in the future they will affect very many more than that number, whereas an adequate system of capital grants could be made available to all equipped to use them.

I thought this was the Fifth Stage. I did not know there is anything about capital grants in the Bill.

The capital grants are related to section 7, and if you follow through on that you will see the necessity for coupling the two. Senator Sheldon may be anxious to contribute to the discussion on the Bill on this Stage so I just wish the Bill well. I congratulate the Minister again on his able efforts, but I had hoped and wished that he would have been able to meet many more of our points. I assure him that the amendments proposed were put forward after a study of the Bill without any advertence to politics or anything else; and in them I endeavoured to highlight the problems that will face us in the future.

The fact that the Minister has accepted so many amendments clearly illustrates the constructive way in which this measure was debated in the Seanad. I should like to thank the Minister for the many ways in which he was helpful in explaining aspects of the Bill on which I personally was not too clear. I hope what the Minister says about these sections is true and will be followed up. I also was at a loss to understand the Minister when he told us that these particular sections are designed to cut red tape. I agree that the Bill makes it much easier for the Land Commission to acquire land, but surely it must be agreed that these provisions make it infinitely harder for the Irish farmer to sell, set or transfer the interest in his holding. For those reasons, it is a pity that the good parts of the Bill do not apply to the country as a whole.

I should like particularly to welcome section 6. I hope it has the desired effect and I would urge the Minister to be generous when he comes to treat the people who will benefit under it. When he comes to make regulations with the Minister for Social Welfare, I would ask him to take into account the fact that these people are giving over their property purely in the national interest and in an effort to advance the country's interests.

I regret it was necessary to put in sections 12 and 13. These particular provisions may be necessary for some parts of the country, the west of Ireland perhaps. They do not appear to be desirable in the midlands, for instance, where we have extensive small tillage farms. The area is not scheduled as a congested district and I feel that these sections will, if followed up by the Land Commission, affect the traditional form of husbandry of that area. As well as that, in the tillage areas especially, farmers have a greater affection for the land, because they are literally on the land day in, day out. In these areas where the Land War was fought in no uncertain manner, I think there will be difficulty for the Land Commission, in that there will surely be opposition if they insist on enforcing these regulations.

I see no reason why the Land Commission cannot get all the land they want if by going out and buying by public auction and on the public market. I appeal to the Minister to get as much land as possible in this manner, by going out as the highest bidder at public auctions. Since the Land Commission came to an arrangement last year with the Irish Auctioneers Association, I think the availability of land to the Land Commission is quite free, and there will be much more land forthcoming.

We have heard a lot of talk about the viable farm of 45 acres. We all know it is not possible to find sufficient land in Ireland to give 45-acre holdings to all the existing farmers. This talk is something the public must take with a grain of salt, because the Minister clearly demonstrated here today that he was not prepared to limit the size of holdings in any way and, therefore, he was, in effect, not prepared to provide 45-acre holdings for the existing number of farmers.

I sincerely hope the farmers of Ireland will benefit from this Bill, and that the Minister will ensure and preserve the rights of the Irish farmer, even though certain sections of this Bill would appear to be directed against those rights.

I should like to join in the tribute paid to the Minister tonight on this measure. He has been very tolerant and businesslike in the way he handled it. We have had a more orderly debate on this Bill than I can remember in this House during my three years in it. That at least is an indication that even now the Members of this House are growing up, unlike Members of other assemblies. When an important measure like this comes before the House, it is well to have a proper and orderly debate.

The Minister has been very helpful, too, in that he patiently waited and listened to the points made by Senators, including myself, which sometimes may not have been very relevant to the particular section before the House at the time. He deserves some credit for that. When the Bill was introduced, I thought there were some good provisions in it and I think I said that it was a pity we did not have the measure 30 years ago at least, because I felt what we are doing now we could have done then, or at least could have made the effort.

The Bill does not solve our problems at all. Of course the Minister has not claimed that it solves the problems that are there, by any means. He safeguards that in section 4 of the Bill. The areas specified in the Second Schedule shall be congested areas for the purposes of the Bill and, under clause (b) of section 4, "such other area as may from time to time be declared by order of the Minister to be a congested area." There is no doubt about the areas specified in the Second Schedule being congested areas but there are areas that are not so specified that are congested areas. There are counties in which there are pockets of congestion but that is covered in clause (a) of section 4.

While it is a simple matter to declare an area to be congested or a holding to be uneconomic, the trouble appears to be to get the land to remedy that. If one is to take the official statistics, there are 40,000 congests recorded. I doubt that there is sufficient land available to deal with that problem.

Therefore, at best, the Bill can be used only to patch up a problem which exists and which any Government must face. The present Government cannot be blamed, even though they have held office for the greater part of the period of self-government. There were other Governments. No Government seem to have tackled the problem of congestion and uneconomic holdings to the fullest possible extent or to have told the people all the facts about it.

There are no proper county records as to the exact amount of congestion. If such records were available, Senators and Deputies would be able to check the figures for their particular areas and would be in a position to say whether or not a Land Commission inspector had by-passed a holding or had named a holding which might not be regarded as a congested holding. The compilation of such records would involve a great deal of work for the Minister's Department and for the Land Commission, but, at least, the facts would be recorded. What we have at the moment are total figures for the country as a whole.

Despite the absence of figures for counties or districts, it is apparent that there is not sufficient land available so that congests and those living on uneconomic holdings may get an economic holding. It would take a bold policy to deal with that position because, if I had 500 acres, I would be very slow to say to a group of people living near me and whose holdings were very small, that they could have some of my land. The land problem is a very big problem for any Government. I do not see any solution to it. An effort must be made to deal at least partially with it.

Section 7 deals with the payment of certain purchase annuities in full. We know as a result of the debate that under the section the full rent can be charged, notwithstanding anything contained in Part III of the Land Act, 1933. That section was debated on Committee Stage. I cannot help referring to it again. Most members of the House can remember back to 1933 and the stand that was taken on the question of annuities at the time and the difficult job it was. When that question was settled, it was considered by the people that the annuities were halved. Under section 7, for the reasons stated by the Minister, the full annuity can be charged. There is a principle involved. I personally do not agree that persons should be liable to pay the full annuity. A principle was established for the whole country that should not be interfered with.

I welcome the Bill. It will make for improvement even though it does not solve all the problems. At least, it will be a guide to future Governments as to the line they should take. Otherwise, the problem of congestion will become chronic, emigration will continue, and the question will arise as to whether the people who have plenty of land are working it to the extent to which it should be worked so that we can retain our population on the land and in agriculture.

I only want to make a couple of points. First I want to join with other Senators in thanking the Minister for the very helpful and cooperative way in which he has dealt with the Bill in the Seanad. When one looks back on his previous history, I think he has shown marked restraint.

The Seanad is also to be congratulated on the way it has dealt with the Bill. An important Bill like this has received very fair consideration and reasonable, objective consideration. Now and again one might suspect that a Senator here and there was talking with his Party tongue in his political cheek but, by and large, the debate has been good and the fact that so many amendments have been made I think more than justifies the existence of this House. I thought it rather odd that Senator Quinlan should have several times during the course of the Bill said that he thought the Seanad ought to be abolished. If ever there was justification for the second House, I would have thought this Bill was that justification without anything else.

However, of the Bill itself, all I want to say is that I welcome the indication of an increasing regard for the proper user of land as an overriding factor which must be taken into account. I know from our own history that we naturally feel very strongly about the ownership of land. That is very understandable. But two things are happening. One is that migration from rural areas is nothing peculiar to this country. It is fairly general all over the world and it is quite understandable because of the attractions in urban areas. I understand that in Ireland this is very much added to by the fact that young women are increasingly reluctant to remain on the land and, naturally, the young men will not stay if the young women go away.

I do not know that the system of land holding or the size of farms appears to have a very great deal to do with whether people are willing to stay on the land or not. To my knowledge, the sons and daughters of extensive farmers who obviously are well able to have a good standard of living on the land are not willing any longer to stay in the comparative loneliness of rural life. Whether that may change later on or not is another matter but it is a factor that ought to be borne in mind.

The other one is that the world is increasingly getting into the position where the overall supply of food for the population is becoming something which Statesmen everywhere are getting concerned about. So that it is important that we should bear very much in mind the proper user of the land which we control and I am glad to see that recognition is coming into the Land Acts through this Bill and I hope that there will be an increasing emphasis on this.

It may seem rather shocking that any question of the rights of ownership of land should arise. In the long run, the proper use of the land is more important. Apart from any other provisions in the Bill, most of which appear to be much less frightening than some people think, if it were only for the emphasis on the proper usage of land, I would welcome the Bill.

Having battled through the various Land Acts going back to 1923, looking for references and amendments and studying the various complicated ways in which the subject has been dealt with, I think the time has come when serious consideration should be given to consolidating the Land Acts. It may very well be that it has been thought of but I should like to see it pushed forward actively. Considering that a matter so complicated as income tax has produced a consolidation Bill, I hope it is a good augury for dealing with something as simple as land. The Land Acts bear very much on everyone in the farming industry and it is important that people should be reasonably clear on their provisions. As has been mentioned several times during the passage of this Bill, it contains provisions which are rather difficult to understand. I hope this matter of consolidation will be pursued actively.

I was very saddened by many things said in the name of freedom and liberty. This is a very important matter and we should realise that freedom and liberty have very serious responsibilities. Freedom is not the right to do what we like, as some Senators would wish many of the people to do with their land, but rather the power to do what we ought.

I should like to thank Senators from all sides of the House who have been kind enough to suggest that I have been patient in dealing with the debate here in Seanad Éireann. Let me say that, in the main, the debate has been constructive and if occasionally we went off the rails, I think it was unavoidable in a Bill of this complexity and length.

Senator Sheldon has suggested it would be desirable to have the land law codified. I could not agree more but I am sure the Senator will appreciate the enormous task it would be to achieve that very desirable objective. In order to try to get ahead with this Bill and to get it before the Dáil as quickly as I could, I had to settle with the draftsmen for bringing it in in the form in which it has appeared here. I am sure it took a very long time to consolidate the income tax code to which reference has been made, and there have been a number of our laws codified under a committee that is working towards that end over the past few years. No doubt in time they will get down to doing this job but everybody will appreciate that it will be a long, complex and tedious job.

I have not suggested at any time that the provisions of this Bill will solve all the problems in rural Ireland or in the congested areas. It is untrue to suggest that I at any time held out the hope that all our congests could achieve in the foreseeable future units of 40 to 50 acres of good land. What I said was that that was our national aim and that where that could be achieved, we were trying to do so.

There is no economic unit or standard holding defined anywhere statutorily under the land code. This is a matter of policy and, while we have suggested that we should aim at a family farm of 40 to 45 acres or its equivalent of good land and have given effect to that by way of a directive, in the creation of new migrants holdings, it will be open to any future Minister for Lands to change his mind on this issue and to give his directive as to what he thinks should be achieved or what the Land Commission should aim at in the different areas.

Nobody can lay down a hard and fast rule even for this small country as to what is an economic unit. For instance, as I have already said, an economic unit within striking distance of the Dublin markets would not be an economic unit, say, on Achill Island or in some other place in the far west of Ireland. The type of land, the type of soil, the availability of what is produced, must be taken into consideration. What we are trying to do is to build up our units in so far as the land is available towards what we feel is a family farm and to get away, in so far as we can having regard to the relevancy of land units to this issue, from what is regarded as subsistence farming.

Let nobody tell me that farmers, if we can call them farmers, can exist on units of £3 and £4 valuation in the west of Ireland. They are only subsistence farmers depending upon getting some additional work, if they are lucky enough, with the county council for six months of the year or they are working over in England or Scotland for nine months of the year in order to maintain their families. It is for the purpose of building up the units for this type of people in the congested areas that this Bill has been introduced.

It is necessary for me, for the record, to deal with some of the allegations that have been made on behalf of the Fine Gael Party, particularly by Senator Fitzpatrick. He suggests that if there was obstruction, the obstruction was worthwhile. That is a question for assessment by the people concerned, that is, the people who will stand to benefit under the provisions of this Bill and the people who have been looking at farms disappearing from the Land Commission net that could have been acquired if the necessary powers were there to acquire them over the past year and a half or two years.

In dealing with this particular aspect of the matter, let me emphasise that the sections of this Bill containing new remedies for the relief of congestion and the building up of a land pool, which are provided for the first time, must have a very beneficial effect in the relief of congestion where it is most wanted, that is, in the areas scheduled in the Bill. In very many of these areas, the Land Commission down through the years have been frustrated by quick sales by those who did not want their lands to get into the hands of the Land Commission. This Bill provides remedies in cases where it is desirable, and indeed essential, for such lands to be taken over by the Land Commission.

The question has been posed why such land should not be sold to the Land Commission. Evidently those who speak on this issue are not aware that in many instances owners of such land, because they know that the demand for the lands originated with some local people, would do anything to deprive the Land Commission of these lands in order to preclude people living in the vicinity from benefiting from them. If any of those people who spoke here about congestion had my experience of dealing with the problem, they would realise that one of the greatest difficulties in achieving agreement on a re-arrangement scheme is the individual who will not surrender one field of land in exchange for another because his neighbour, Pat Murphy, with whom he has been at loggerheads, will benefit.

That is something which exists amongst our people and is one of the reasons why in many cases agreement for a re-arrangement scheme cannot be achieved in these areas. It is quite obvious to me that many people speaking on the issues raised here are not familiar with the problems we have in these congested areas and consequently are not familiar with the remedies that should be prescribed in an effort to deal with them.

I fail to appreciate why section 4, which gives the Minister power to extend the provisions of this Bill to any other area outside those scheduled and set out in the Bill, should be criticised. Evidently it is suggested by Senator Fitzpatrick that under the Undeveloped Areas Act there was a similar power and it was not exercised for five years after the passing of the Bill when, he said, it was exercised after an election. I suppose if the other areas were brought in before an election, the Senator would suggest it was for the purpose of buying the votes of the electorate. Therefore he is quite safe coming up with this political argument, that because of an election result, these areas were brought in. I suppose the same would be alleged if under this section some new areas not scheduled in the Bill were brought in, if they were brought in before an election, according to the argument, it would be political corruption, and if they were brought in after an election, the same argument would be used.

This goes back to the allegations that have been made about what would be done under this Bill by the political use of the powers taken by the Minister for Lands in it. I thought we had got away from that in this House but evidently on the Final Stage Senator Fitzpatrick, on behalf of his Party, is back to the very same allegations. The suggestion is that some of these powers would be used by the Minister to inspect the lands of his Party's political opponents. I have pointed out time and again how utterly untrue such suggestions are. Indeed, if there was any Minister for Lands prepared to take that line, he would impose an impossible task on himself.

I have pointed out that during the last year the Land Commission inspectors actually inspected lands to the extent of 102,194 acres and it would take some clairvoyant Minister for Lands to assess the political views of all the different landowners throughout the length and breadth of Ireland who were concerned with these 102,194 acres. Apparently it is suggested by the Fine Gael Party that I am such a person, because every single inspection under this Land Bill will be carried out, theoretically, on my order, because the divisional inspectors who sign the inspection notices will be doing it under delegated power from me.

I want Senators to pause here and ask themselves who are the people who press for these inspections. The pressure I have experienced, both inside and outside the House, since I became Minister for Lands, has not been in regard to why anybody's land was inspected but why lands were not inspected by the Land Commission for the relief of congestion. Week in and week out, day in and day out, I get a series of questions in the Dáil from Deputies of all Parties, including strings of them from Fine Gael, and particularly from Deputy Oliver Flanagan, asking for certain lands to be inspected and asking the Land Commission to take proceedings or to, as they put it in the form of a question "consider the propriety of acquiring X's land for the relief of congestion".

The Land Commission have been asked specifically by Deputies every day the Dáil sits, through me, to have lands inspected and here we have this Balaclava about the awful thing it is that inspections of land should take place at the behest of the Minister. I have already pointed out here and elsewhere that if any Minister for Lands desired power for the sole purpose of inspecting the lands of his opponents, the Dáil would not be sitting for very long until he heard all about it. Invariably inspections come about through the representations of Deputies who have been approached — that is part of their function in rural Ireland — by people who are aware that there is a vacant holding in the area, or a holding let in the area which has a history of bad usage, and there is undue congestion in the immediate vicinity. In discharge of their duty, Deputies make representations or put down Parliamentary Questions asking the Minister for Lands to have the Land Commission officials inspect that holding and have it considered for the relief of congestion.

Let me emphasise again that the inspection notice is not any part of the acquisition procedure. In the acquisition procedure, there is no legal liability on the Land Commission to prove the service of any inspection notice. The only effect of an inspection notice is to give the necessary power to an official to go in and walk the lands in order to make a report. Otherwise, he could be run off by the owner and could be sued as a trespasser. He goes in for the purpose of ascertaining the facts, reporting these to the Lay Commissioners of the Land Commission who then decide whether the lands should be acquired or not.

In 50 per cent of the cases, they do not decide to acquire them but where they do decide to try to acquire them, they start the legal machine by serving and publishing the notice in Iris Oifigiúil. These are the facts. After the enactment of this Bill, it will still be the function of the Lay Commissioners, not mine, to decide whose land is or is not acquired. I hope that fact clearly emerges from all the smoke-screens that have been raised about this alleged vicious power that is being sought by the Minister for Lands under the relevant section of the Bill.

This Bill was introduced by me in Dáil Éireann on 11th July, 1963. We are here today on the Final Stage on 24th February, 1965. Senator Fitzpatrick says that if there was obstruction, perhaps it was worth it. I wonder will those concerned consider the obstruction was worth it over all this time. It has been said that things were introduced in the Bill, particularly dealing with foreigners, that would not have been there were it not for the long period the Bill was held up in the Dáil. When the Senator, speaking in the name of his Party, claims a particular interest in this question of the selling of land to foreigners and suggests that this section was inserted in the Bill because of his Party's interest, I think it is necessary for me again to turn to the records and point out that his leader, whom he quoted here tonight, is on record as bitterly opposing the 25 per cent penal stamp duty imposed in the 1951 Finance Act on the sale of land to foreigners.

Is he on record as being against section 45?

Another peculiar thing about the Senator's interest in stopping the sale of land to foreigners is that if any of those lands escaped the net, as he said, and as Senator L'Estrange said, they seem to be mainly lands in which the Senator's friends were interested. Senator L'Estrange seems to take pride in the fact that he sold a very large farm in his area to a foreigner. Take the former Senator John O'Sullivan of Cork. We find his farm spread across the Sunday Independent associated with foreigners. The Fine Gael organisation Forum, ostensibly established for the purpose of getting a paper going, and signed by all the legal luminaries of Fine Gael, has been reorganised to embark on the sale of lands to foreigners in County Kildare, and even the new company recently publicised, Fairfield Investments, has been involved in property operations in Galway with Deputy Sweetman. Every place I turn to examine the sale of land to foreigners, I find involved most of the prominent Fine Gael people who are so vocal on this question of the sale of land to foreigners.

The record is that the Government established a legal register in the Land Commission to keep track of any movement of land to non-nationals and there are entries in that register of all lands, whether for business purposes or agricultural purposes, whether they attracted or were exempted from the penal Stamp duty imposed in the 1951 Finance Act.

Either section 45 was necessary or it was not necessary.

It is incorrect to say that over these years there has been any ususual movement of land to foreigners. The average runs roughly between 6,000 and 7,000 acres. Some of these transactions have taken place between non-nationals themselves. A number are new. The type of land varies. At all events, the position is that when the penal duty was imposed on those sales, it was bitterly opposed by the Senator's Party. Formerly it was the Revenue Commissioners who had to look after this problem.

The Government——

We listened to you. Take your medicine.

The Senator's friends made the money out of the sale of land to foreigners. The Senator sitting beside him made money from the sale of land to foreigners. I do not like hypocrisy when dealing with this issue. We got a dose of it in this field from those people who appeared to be so concerned about the movement of land to foreigners.

The Minister was forced to put the section in the Bill against his wishes.

For the Senator's information, in many of these cases where it was found that there was vulnerability, under the powers being sought in the Bill in respect of where lands can be used or where it is desired they should be acquired for the relief of people in congested areas, there is a method of dealing with them in the Bill, which has been hung up by the Senator's Party in the Dáil since July, 1963. At all events, we have here in these sections provision for the first time to deal with this great national problem.

We have been warned by Senator Fitzpatrick and his friends that this Bill is a dangerous weapon. All this shadow-boxing has gone on by Senators and Deputies outside the House, pretending, on the one hand, to be concerned with the problem of the relief of congestion and, at the same time, suggesting that the powers being sought in this Bill would not be sought by a Hitler or a Khrushchev and designating me as the mover of the Bill as being in the same category.

The people concerned in the congested areas will realise where the sincerity lies—whether the Senator and his friends are suffering from political schizophrenia, whether they are trying to use the Bill as a bogeyman for the farmers in the east, or whether they are saying to the congest in the west that they can do things through the Land Bill which will benefit them. The real position came out when we had the appeal during the debate on the Schedule to the Bill to include a number of areas not set out in the Bill. That, I think, really let the political cat out of the bag.

Senator McAuliffe is concerned about what he calls the "double annuity". I dealt extensively with this matter on Committee Stage. It is incorrect to say that this is a double annuity. The proposition is that, in the non-congested areas, those benefiting as a result of the division of land should be prepared to pay the economic price. In other words, their annuity, stretching over a period of 60 years, will reimburse the taxpayer for the additions they get.

The Senator may not appreciate a very good point made by one speaker in relation to this proposition. It is that land will now be acquired by the Land Commission which they might not otherwise be able to acquire. When there was keen competition in a non-congested area in the past, and the Land Commission were not so concerned in the non-congested areas as they would be in the congested areas, they were frightened off because the price was too high, with the result that someone else got the land and the local people did not benefit. With the distinction made now in this particular section, many farms in the non-congested areas will be purchased by the Land Commission.

As I have told the House, I have received repeated representations from people in the congested areas, and also in the non-congested areas, telling me how happy they would be if the Land Commission would acquire lands in their particular areas and allow them, as they put it, to purchase the lands by way of annuity. These are people who assured me they were paying up to £20 and £25 for conacre. They assured me they would be very happy indeed if the Land Commission purchased whatever lands were available and divided them amongst them, thereby obviating the necessity to pay the high prices they were paying for conacre, to say nothing of its being made possible for them to purchase these additions to their holdings through the Land Commission.

I believe there is no comparison between the conditions in relation to people in the eastern counties and those in the land slums located in the counties set out in the Schedule, from the point of view of market, of value and living standards. I have put it on record that in the past there were two different standards for the people in the west and the people in the east. In the west the aim of the Land Commission was to build up towards £10 valuations. In very many instances they vested the small intermixed holding with a valuation of £3, £4 and £5 with holdings of £10 valuation and they wrote off the individual for all time for any further improvement or any further addition. There was a different standard in the counties which do not appear in the Schedule. In their case the Land Commission would help in relation to holdings of up to 30 or 33 acres of reasonably good land with a valuation of £30.

All down through the years, therefore, these people were in a far better position as compared with those with whom we are primarily concerned here. The people in the non-scheduled counties benefited and, generally speaking, I do not think that they should expect the same help now as those in the traditional land slums. On the other hand, where there is a really bad pocket of congestion in any of these non-congested counties, the remedy for that evil is contained in this Bill. There is provision to enable the Minister to apply the same schemes for the relief of their lot.

I pointed out earlier the danger of being misled by statistics, statistics which have been trotted out here. Exaggerated statements have been made about the decline in the farming population. One Senator did not hesitate to assert that the object of the Government is to reduce drastically the number of persons on the land. Where he got that idea I just do not know. It is also true that some people in the west seize on statistics in relation to the decline in numbers on small land units and they seek to imply that an equivalent number of families have left the land or gone abroad. I want now to show up the weaknesses in some of these arguments because they are, I feel, calculated to spread despondency everywhere. These statements are not, in fact, correct.

There is no doubt, and I do not seek to deny the position, that there has been here a movement away from the land, just as there has been a movement away from the land in other countries. When we are dealing with statistics, however, we should at least try to get as near as we can to the truth when interpreting them. The Land Commission have been working away steadily in an endeavour to keep our people on the land in a practical way by making it possible for them to earn a decent livelihood on the land. Everybody must realise, and I think it was Senator Sheldon who made the point, that you just cannot compel people to remain at anything if they do not wish to do so. It is a fact that in some cases people who have no economic reason for doing so go away from the land, just as they go away from other occupations. In this Bill the Government are seeking to give the Land Commission power to press on with the vital work with which they are concerned in the congested areas. Let me point out here that we are concerned with real people and not with mere statistics; we are concerned with small farmers.

I want now to give an example to show how misleading statistics can be. Any recent volume of the Statistical Abstract of Ireland can be used to demonstrate that there are about 350,000 agricultural holdings in the State, but that summary does not give any indication whether these units are residential or whether they are owned by farmers. In actual fact the number of farms occupied by persons whose main occupation is farming is only a little over 200,000. That figure has been established as a result of a special survey carried out in the last census of population as a result of a question inserted at my instigation. There is no point, therefore, in people talking about 350,000 holdings as if they represented 350,000 families. That is the interpretation broadcast by some people who, deliberately or otherwise, misinterpret the figures.

In very many cases, as has been pointed out, the land units have long been non-residential. In other cases, no doubt, they are held by townsmen, villagers, cottiers and others in receipt of non-farming incomes. Unfortunately very many of the holdings occupied by genuine farmers are still substandard and these must be assisted by the Land Commission to achieve a satisfactory status. By that I mean a status which will satisfy them and convince them they should stay at home. This is a slow and expensive business but it does achieve results.

In a typical year the Land Commission's work results in 100 new holdings, 500 re-arranged holdings and 1,000 enlarged holdings. By 1,000 enlargements, I do not mean bog additions; I mean genuine substantial enlargements. In some cases the Land Commission cannot give as big an addition as they would like, but in the great majority of cases I have mentioned, totalling 1,600 per year, the particular farming families concerned have been advanced or promoted from uneconomic to economic status. There is a real hope that these people will survive on the land. It is for the purpose of allowing them to survive on the land that this Bill is before Seanad Éireann.

Now I must refer to those people — well meaning no doubt — who complain of the loss of 600 small holdings per year in my own county of Mayo. This piece of statistical work is readily traceable to the figures given in the Statistical Abstract in relation to the years 1955 and 1960. It is clear to me that these people have made no adjustments for the number of holdings too small to be seriously counted as farms, £2 valuations and so on; the number occupied by non-farmers, which would be quite considerable; and the number vacated many years ago but only recently sold. There is also the number of cases in which several of these units — this is shown in the statistics — are in the ownership of the one individual. If such adjustments were made, we might be able to get this matter into proper perspective. It is desirable that we should do so.

On the positive side, I should like to draw attention to the change which took place in the number of medium-sized holdings in my own county of Mayo in the same statistical period, and indeed throughout the country. In my own county in the 30 to 50 acre group, there was a rise of nearly 400, and in the 50 to 100 acre group, there was another rise of the same order. In Mayo 50 or 60 acres of land could be included in that group which in Kildare or Westmeath would not be regarded by the people there as land at all.

Allowing for some private consolidation, I still assert that these increases represent the solid achieivements of the Land Commission in bringing real smallholders up to real economic status. I firmly believe that these enlarged farms will survive and, indeed, are surviving. In addition, it must be remembered some of the smallholders of Mayo are migrated each year to new holdings in the east. They drop out of the smallholding statistics, not because they have failed, but because they have been advanced to full economic status elsewhere. You have to take these factors into account when studying these statistics. If anybody swallows them without digesting them, they can easily arrive at some fantastic results.

The object here, however, in the congested areas is to create units that will sheet-anchor, if we can, a contented population on the land and also to achieve the very necessary objective mentioned by Senator Sheldon — to get the land back into production. Some people have been good enough to suggest that the Government's motive behind this Bill is to clear the people off the land. The people are coming off a lot of the land that will come into the Land Commission machine under this Bill, but it is not this Bill that is driving these people away, nor is it I. These people have gone because of the utterly hopeless task of endeavouring to survive on the small, uneconomic units they held in these areas.

For many years, where these people have gone, these pieces of land have been left. Everybody knows that possibly the worst system of land user in the world is achieved through our 11-months letting system, which is designed to encourage what I would call the lessee to take everything out of that land and put nothing into it. He fears, if he makes any improvements, that in 11 months or next year or the year afterwards his neighbour may get the benefit of these improvements. He knows that his neighbour, because of the land hunger in the area, may endeavour to get at the owner in England or America to get hold of these vacant acres. Anybody driving through any of the congested counties can pick out many of these holdings by their very appearance. It does not take any expert or any CAO to recognise that these are lands that have been neglected for many years. I hope in many of these cases these lands will now come into the land pool of the Land Commission and will be brought back into productivity, into good heart, and will enable those people who are prepared to work their land to live at home in at least frugal comfort.

Unless we are able to achieve something of that kind in the congested areas, there will indeed be very many more vacant holdings there. I am not persuaded in any way here, nor have I changed my mind, in regard to some different form of land user which, where you have such small units, would enable these people to survive or would entice them back. I have said, and I repeat, that those who say these people, no matter what jobs they are in in other parts of the world, will come back and live in the congested areas in poverty on valuations of £3 or £4, are simply fooling themselves. They are utterly divorced from the reality of conditions in rural Ireland. Our conditions and standards of living here are rising year by year. Indeed, I believe the tendency will be, unless somthing unforeseen happens, for these standards to go higher.

In the congested areas today, they are not prepared to accept the standards of living not alone of their grandfathers but even of their fathers. Many of the holdings to which I have referred originated in the Famine times. The fragmentation that went on resulted in a system which forced them to exist at starvation level. These units are utterly unrealistic as units upon which to live or survive in modern conditions. Anybody who does not recognise these fundamental facts is not familiar with conditions in the congested areas nor indeed with conditions in rural Ireland as a whole.

Senator Quinlan suggested that Land Commission activity is merely a fringe activity. If that is the Senator's view, it is the best indication of how little he knows of the work of the Land Commission in the congested areas and in rural Ireland generally. Everybody knows that there is no greater demand on Deputies, Senators and public representatives than to get the Land Commission to move quickly to come to the aid of the people concerned in these areas. We hope, under the new provisions of the Bill, to revolutionise the precedent we have in the Land Commission for the purpose of increasing the land pool and bringing quick relief to those concerned. With this in view, and in preparation for the new powers sought to enable the Land Commission to meet the challenge in this day and age, the Dáil and Seanad have already passed the Land Bond Bill of 1964 providing an extra £10 million in land bonds for this purpose.

In reply to suggestions by some Senators that there should be a quick movement in their particular areas when the Bill is passed, the provision of £10 million in land bonds for the purpose of the acquisition of land is over and above the annual provision of approximately £3 million which is passed by the Dáil to cover such things as cash purchases, improvement works, revision of annuities, travelling, and all the multitudinous things that come under the Department of Lands.

There has been a vast increase in the activity of the Land Commission in recent years. I have put the figures for this vast increase in Land Commission activities on record here in dealing with allocations made on the Committee Stage of the Bill. The fact is that a vastly greater amount of money is being provided today than used to be provided; a vastly greater amount of activity and expansion is going on and a vast amount of more land is being acquired than ever was acquired for the purpose we have in mind. It is my hope, and these sections are designed to ensure, that there will be a still further very substantial increase in Land Commission activities in future years.

The new provisions of the Bill, upon which there has been so little comment outside, and so little understanding, should have a most significant impact on increasing the land pool and in providing for the relief of congestion, particularly in the congested areas. There are also the new self-migrant loans to enable landowners to solve their congestion problems, the new life annuities as an inducement to old or incapacitated landowners to part with their land for the good of the neighbours and the new social welfare inducements whereby Land Commission payments will be exempt for old age pensions purposes. There is extension of the cash purchase facilities to enable the Land Commission to buy land for cash at any auction, not in the restricted sense as the law was under the 1950 Act, and a new speeding up and streamlining to enable the Land Commission to move in quickly where there is a viable holding for the purpose of relieving local congestion.

All these powers and new inducements should have a quick effect and an impact on the solution of the land slum problem in the areas scheduled here and should generally bring the Land Commission machine, its powers and responsibilities up to date. These are the powers Senators in this House and Deputies in the Dáil have been criticising. While suggesting that this is an urgent problem and, as some Senators said, perhaps measures of this kind have come 30 years too late, I do not think that cock will fight any more outside the confines of this House. Some Senators have tried to represent that the powers being sought here are being sought for one purpose and for one purpose only, and that is, to harass the working farmers. I think the people are now getting wise to the game that has been played on this Bill.

At all events, this is the Final Stage of the Bill and I have no doubt that, irrespective of what Minister for Lands may occupy this office, any Minister for Lands will be enabled with these powers to make a substantial contribution to the relief of congestion throughout the length and breadth of this land, and not alone in the congested areas. The congested areas are the first mentioned in the Bill. The Land Commission staff must be increased and the Commission machine must be geared to operate the new powers provided under the Bill. All that will take organisation and time. I have, at all events, indicated to the House that this organisation is going on. I have shown that the Government were not afraid to tackle this admittedly difficult problem — be it late or early — and we have, in fact, already made the financial provision to enable this great national work to go ahead. I trust the fears created outside the Dáil and Seanad in the hearts of susceptible and credulous farmers will quickly be buried once the Bill comes into operation. I trust also those concerned in the congested areas will place the blame squarely where it should be placed and where it should lie in regard to many of those farms which escaped the Land Commission in one way or another since June, 1963.

I am satisfied that the Bill will have a dramatic impact. It will alleviate, at least, if not relieve, the lot of the people in the congested areas. It will go some distance, at least, so far as Government help can go, in consolidating a solid rural population on the land in the congested areas and throughout rural Ireland.

Question put and agreed to.

May I refer to something the Minister said?

An Leas-Chathaoirleach

The Senator may not proceed as the question has been put.

I want to refer to a quotation from the Minister——

An Leas-Chathaoirleach

I have put the question and the Senator may not continue.

The Seanad adjourned at 10.40 p.m. until 3 p.m. on Wednesday, 3rd March, 1965.

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