asked the Minister for Lands and Agriculture if he will state what further steps have been taken by the Land Commission to acquire for distribution the lands of T. H. Bryan, Tonafora, Dunmanway, Co. Cork.
CEISTEANNA—QUESTIONS. ORAL ANSWERS. - ACQUISITION OF CO. CORK LANDS
Mr. HOGAN
With a view to the acquisition of the lands of Tonafora referred to the Land Commission published in Iris Oifigiúil a notice of their intention to make a declaration under sub-section (3) of Section 24 of the Land Act, 1923, unless cause were shown to the contrary. A notice showing cause was lodged on behalf of the owner. It was heard in court by the Judicial Commissioner, who decided in favour of the owner, and the proceedings for the acquisition of the lands accordingly terminated.
Mr. MURPHY
Is the Minister aware that in this case an objection was lodged to the acquisition of the lands on the grounds that the owner was only temporarily resident in America, and it was represented to the Land Commission that he was returning immediately when, as a matter of fact, he has been living in America for 30 years, and has indicated his desire to have nothing more to do with the place? Is the Minister also aware that the lands are now in possession of a man who has already disposed of three farms in the district? Does he think it reasonable that that should occur and that the Land Commission should be hoodwinked in that fashion?
Mr. HOGAN
I do not think the Land Commission were hoodwinked. They had all the facts before them and, while I have no reason to doubt that the facts are as the Deputy states, he must remember also that this is a farm of 67 acres and is almost in the town of Dunmanway. It is not an estate at all in the ordinary sense of the word.
Mr. MURPHY
It is the only farm in the district that there was any hope of getting and breaking up. Does the Minister think it reasonable that a man who had already disposed of three farms should get possession of this farm and flout the terms of the Land Act?
Mr. HOGAN
The Judicial Commissioner, as the Deputy will agree, has the final word in the matter, and, as the Deputy will agree, someone must have the final word. I dare say this case was discussed for probably two or three hours before the Land Commission, during which the pros and cons were gone into. That is the only possible way an examination like that could be made. The decision is made by the Commissioner who is the final judge and from whom there is no appeal.
Mr. MURPHY
What is the procedure in dealing with these cases? Is it the fact that the man who now holds the land and the solicitor were merely before the Commission? Is there any provision so that other people equally interested would have the right to be represented to put up their position?
Mr. HOGAN
An appeal would not go to the Judicial Commissioner unless an appeal from a decision of the Land Commission. The Land Commission are acting on behalf of the tenants and landless men of the particular district for whom they intend to acquire land, and they put up every consideration from their point of view. They can trust the owner to put up every consideration from his point of view. Consequently the Judicial Commissioner has the benefit of both sides of the question.
Mr. MURPHY
May I suggest that the Land Commission in these cases always seem to take the owners' side and were very reluctant to acquire this land at all? It was only due to the pressure I put on that they moved.
Mr. HOGAN
I do not understand the Deputy. An appeal never comes before the Judicial Commissioner on the part of the owner unless the Commissioners make a ruling with which the owner disagrees. What happens is that the Commissioners make a ruling to acquire land against which the owner may appeal. If the Commissioners make a ruling not to acquire the land the owner is not going to appeal because he is quite satisfied. In that state of affairs I do not see how the Deputy could suggest that the Commissioners were not particularly anxious to acquire the land. They could have disposed of the matter there and then in the beginning, and there would be no further trouble. They could have refused to acquire it and there would be no question of appeal.
Mr. MURPHY
As I have many other questions to ask about this land I will have to raise the matter on another occasion.