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Seanad Éireann debate -
Wednesday, 17 Dec 1986

Vol. 115 No. 9

Adjournment Matter. - Mayo Commonage.

I am obliged to the Cathaoirleach for allowing me to raise this matter on the Adjournment. I am asking the Minister for Agriculture, in consultation with all relevant bodies, to take the necessary steps to expedite the completion of the vesting of the Derryloughan East commonage, record number, BE 728/23, County Mayo, bearing in mind the hardships that current delay in vesting is causing relevant interested landowners.

The situation is that the Derryloughan East commonage contains 844 acres, 2 roods and 27 perches. I should, perhaps, more correctly say "former commonage" because this commonage was divided in 1981, with the consent of the then 13 shareholders. Subsequent to the division of this commonage each holder, in effect, surrendered his share to the Land Commission. The Land Commission now hold the surrendered shares, in other words, the Land Commission hold the entire commonage subject to the vesting by them of the divided shares in the 13 landholders. That vesting has not yet taken place. The delay in effecting that vesting is causing very serious inconvenience to the landholders in question. It is for that reason that I raise this matter tonight.

I would like to put on record my appreciation of the Minister of State and his office for the attempts they have made to expedite this matter. On 8 May last the Minister of State wrote to me and said:

I have made inquiries and I find that this Estate has been placed on a priority list and vesting will be effected as soon as possible as all the title problems are cleared. It is not possible in a re-arrangement scheme to vest any landowner in isolation. All re-arranged holdings must be vested simultaneously by composite Vesting Order. you can be assured that the matter is receiving every attention possible.

That was 8 May 1986. This commonage was divided in 1981. We are now five years down the line and it would appear that the vesting, which is necessary, of the 13 individual holdings has not yet taken place.

I have said that this is causing considerable hardship to the farmers involved. I am concerned principally with three of these holders. They are the owners of folios 34105, 34106 and 34107, respectively, County Mayo. I might mention for the record that one of these holders is somebody who suffers from a very severe kidney complaint — he is on a dialysis machine. The second holder is a part time farmer and he has agreed to sell his divided share to the Department of Forestry. The third holder, the person who initially approached me regarding this matter, is a full time farmer and he has agreed, subject to vesting being completed, to sell his share to the Deparment of Forestry. Dealing with the last mentioned holder, his interest is to sell his share to the Department of Forestry, get the money which they can give him and re-invest that in the development of his land. I find the delay on the part of the Land Commission or the Land Registry — wherever the delay is occurring—amazing. It is holding up the completion of this process and that in turn is holding up the re-investment by this very hard working active farmer, of the proceeds of that sale in the redevelopment of his lands.

I made my maiden speech in this House on 24 May 1983. That speech concerned the Land Bond Bill, 1983. In the course of my speech, which is quoted in the Official Report of 24 May 1983, starting at column 325, I made, among other points, the observation that the procedures adopted by the Land Commission were totally outmoded and were totally unsuitable for modern circumstances. The Minister of State, in his response at that time, appeared to accept that fact. He gave all of us encouragement when he said, and I quote from the Official Report, Volume 99, column 363:

The time is now ripe for a new, imaginitive approach to the entire land structure programme. The will is there. I am heartened by what I heard in the Dáil and Seanad on this particular subject. I guarantee to the House that I will not be found wanting in ensuring that we get the necessary measures activated very quickly to achieve this goal.

I want to compliment the Minister of State for taking all of the enormous steps he has taken in that regard. Indeed, he is the one man who, since Paddy Hogan's days in the Department of Agriculture, has taken the Land Commission by the back of the neck, has shaken it and has achieved many things we all wanted. One thing that has not yet been achieved is a speeding up of the vesting process. It is that which brings me here tonight: it is that which has forced me to raise this matter here tonight. That delay is causing very severe hardship.

If this vesting can take place, if these three holders can get their shares vested in themselves, then an immediate sale will take place to the Department of Forestry. That will be of benefit to the Department of Forestry: it will be of benefit in creating employment in forestry development in the area. But, above all, it will be of benefit to these landowners in that it will make money available to them to allow them redevelop their holdings. I hope that the Minister, following this debate, can take the necessary steps to ensure that this process is expedited as quickly as possible.

Firstly, I want to thank Senator Durcan for raising this very important point. It is causing a great deal of concern around the country and, indeed, this is the latest hour in my parliamentary career that I have vested lands in anybody.

It is a big subject and the vesting in this case is well in hand. As the Senator is only too well aware, being a legal eagle himself, obviously all of this has to happen at the end of the day in the Land Registry office. That is what is causing the hold up now. I might add that we have asked that this get priority and I can guarantee the Senator tonight that we will double our efforts because of the good case he has made here on behalf of the people involved.

Regarding people who have a vesting problem in commonages we are considering a system which might greatly streamline this area by having such matters dealt with directly from the Land Commission to the Land Registry office. I understand from my officials that this is quite possible and that we should be able to do something about it officially very soon. That should be good news for people in areas where commonages are a problem. Finally I want to say that everything that can be done as far as the vesting is concerned in this case will be done. I am not able to put a timescale on it but I sincerely hope that very early in the spring we should have the type of documentation and registration that is needed.

I thank the Minister for his assurance that this matter will be dealt with in the spring.

The Seanad adjourned at 11.30 p.m. until 10.30 a.m. on Thursday, 18 December 1986.

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