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Dáil Éireann díospóireacht -
Thursday, 11 Jul 1929

Vol. 31 No. 5

Adjournment Debate. - Acquisition of Leix Holding.

Yesterday I addressed the following question to the Minister for Lands and Fisheries:

To ask the Minister for Lands and Fisheries whether several inspectors visited and inspected and reported in favour of the acquisition of the holding of Mr. John Mansfield, on the estate of William Hopkins, Lyrogue, Co. Leix (Record No. S/2406), where Mr. Mansfield resides, and if he will state what other land he owns or occupies; whether the Commissioners have already decided to acquire these lands and disallowed the objection lodged by Mr. Mansfield; whether he can state the cause of the delay on the part of the Commissioners in dealing with these lands; whether a division scheme has so far been prepared by the Commissioners; and, if so, when same is likely to be put into operation.

The Parliamentary Secretary to the Minister replied as follows:

The Land Commission proposed to resume the holding in question and served notice on the tenant of their intention to apply to the Judicial Commission for an order authorising resumption of the holding. The tenant objected and his objection was heard by the Land Commission in court and allowed, and accordingly, the proceedings for resumption came to an end. Mr. Mansfield lives in Co. Kerry. He is tenant of holdings of 44 acres on the estate of A. V. Carden and 34 acres on the estate of Ellen Wilson, both of which are pending for sale under the Act of 1923. He is also the registered owner of a holding of 4 acres.

I considered this reply unsatisfactory, because I have been in communication for a considerable period with the Land Commission and the Minister for Lands and Agriculture. As a result of a communication addressed to the then Minister for Lands and Agriculture, I received a reply to a very definite question regarding these lands. I got the reply in April, 1927. Yesterday the Parliamentary Secretary told me that the objection lodged by the owner was allowed, whereas on the 22nd April, 1927, the then Minister for Lands and Agriculture sent this reply to me: "This holding will be retained by the Land Commission under the provisions of Section 28 (6) and an objection by the tenant was disallowed by the Land Commission." I consider these replies contradictory and conflicting. To me, at any rate, they are inexplicable. I want the Parliamentary Secretary to explain the conflicting nature of the Minister's reply with the statement made to me yesterday.

The lands in this case have been the subject of considerable agitation extending over a period of at least ten years. This holding is one of two holdings on the estate of William Hopkins, Lyrogue. There is another holding on the same estate at present occupied by a Mr. Thompson. In the same area there was other untenanted land in the name of Mr. John Duigan, but it has since been acquired and divided. I understand that the intention of the Land Act of 1923 was to acquire untenanted land in any area where the Commissioners or their advisers were satisfied acute congestion existed. The Land Commission inspectors—I do not know how many of them, but the Parliamentary Secretary, if he so desires, can give us the number of occasions when they visited these areas—inspected the lands one after the other. They visited the lands occupied by Mr. Mansfield, Mr. Thompson, and Mr. Duigan. As far as I know, they reported in favour of the acquisition of the lands for the purpose of relieving congestion.

During the Sinn Féin agitation a number of local people were arrested and charged in the local courts. As a result of the unrest a Dáil Land Commission Judge, now functioning as a Land Commissioner under the Free State, visited the district, and after hearing the case on behalf of the people looking for the land and, I assume, after hearing the other side of the case, he decided that the land should be acquired for the relief of congestion. The individuals who were looking for a division of the land put the case in the hands of a solicitor. I believe all the documents and all the arguments that could be put forward on behalf of the people looking for the land are on the files of the Land Commission. After the ordinary inspectors had made enquiries from the large number of uneconomic holders, the chief resident inspector, at the request of the Commissioners, visited the area. I was informed by that gentleman that the Commissioners intended to acquire the land. This is also clearly indicated in the letter that I have quoted.

I understand that in cases of acquisition the owner has the right to object only on one occasion against the lands being acquired. He did object and the objection was disallowed so far as the Minister for Lands and Agriculture is concerned, but allowed so far as the Parliamentary Secretary's reply is concerned. I have been watching this case very closely. I was born and reared in the parish where these untenanted lands are.

The real reason why I have decided to follow up this case is this. Certain very influential friends of the landowners concerned have boasted on more than one occasion that they would upset the desires of the Land Commission and would see to it—so far as I can now see they have succeeded—that the intentions of the Commissioners would not be carried out in regard to the acquisition of these lands. The landowners concerned in this and in other cases have stated repeatedly and openly in the parish and surrounding districts that a certain very influential organisation, which has its headquarters not very far from where we are sitting, was taking a deep interest in the welfare of the landowners concerned and would use all its influence in seeing that the desires of the Land Commission were upset. In the case of Miss Winters, which I previously referred to, in the same parish the Commissioners also decided to acquire the land. An objection was lodged and was disallowed but for some reason which I cannot understand another objection was allowed to be lodged and on the second occasion it was allowed. The same thing occurred in Mr. Mansfield's case and, as the Parliamentary Secretary knows, a Deputy who takes a keen interest in another case in the same area boasted that he would see that the lands were left with the owner, notwithstanding the fact that he has two other farms in addition. I was not inclined originally to pay much attention to the statement made in some parts of the country regarding the influence of this international organisation, but from what I can see, the landowners have considerable influence in regard to questions of this kind. I can only conclude, so far as this and other cases are concerned, that their influence has been very effective and has been the cause of preventing the Commissioners from acquiring the land which in the ordinary course should be acquired for the relief of congestion in the area.

The Parliamentary Secretary will, I am sure, regard it as his duty to refute any allegations of that kind. I raised the question in order that he may have an opportunity of giving the House and the people concerned in cases of this kind the real reasons why the land was not acquired as originally intended. I want to know whether the files disclose the number of uneconomic holders under £10 valuation in the townlands of Barraghaum, Lyrogue, Coolnagown, Harristown and Baurivina, which are within two miles radius of the lands referred to. That information, I believe, is on the files; at least, it should be if the inspectors did their duty, as I presume they did, when reporting. Therefore the number of uneconomic holders with a valuation of under £10 in that area must be on the files and should be given to the House. If the number is too small to decide in favour of the acquisition of the land I am prepared to listen to reason. I know the area and the number of uneconomic holders that reside within two miles of the lands referred to, and I know that they are all hardworking, industrious people who would greatly benefit by additions to their uneconomic holdings. If the Act is to be administered in the spirit in which it was introduced and passed, when sponsored by the Minister for Agriculture, I say that there is a good case for the acquisition of these lands. At any rate, I raised the matter because I regard the reply given to me yesterday by the Parliamentary Secretary as extremely unsatisfactory and contradictory. On that question I should say that about three months ago a gentleman who is a great friend of the landowner referred to—Mr. Mansfield—stated emphatically, on an authority that I cannot put my finger on, that the lands of Mr. Mansfield would not be acquired, and that he knew that well, and also that the same influence which prevented the lands of Miss Winters from being acquired would also succeed in this case.

I want to know the date the Commissioners allowed the objection when it was heard a second time. That would give me a clue as to whether information of a confidential nature can get into the hands of landowners before it can get into those of Deputies. I have already drawn attention to the fact that information which should be in the hands of Deputies before it gets to localities in the country leaks out. I will give this piece of advice to the Parliamentary Secretary: pull down the blinds of the Land Commission and tell the people of the country in a straightforward way that you do not intend to pursue the operations of the Act of 1923 any further. That may, perhaps, serve a useful purpose. It may give the Land Commission an opportunity of overhauling the Commission as a whole, and of preventing cases of the kind mentioned by Deputy Boland from cropping up again. That is a case which shows that there is a state of disorganisation in that Department. At any rate, be honest with the people and tell them the reasons for holding up the operations of the Act. If you are standing for impartial administration I say that it is your duty to prevent influential friends of landowners of the type referred to from interfering with the impartial administration of the Act.

This case is really very simple. It appears to be complicated only because the Deputy failed to understand the reply which I gave him yesterday. The Minister for Agriculture in his letter to the Deputy was perfectly accurate. He said that steps were being taken to retain the holding. The Deputy apparently is unaware that under the Act of 1923 tenanted land can only be acquired by, first of all, notifying the tenant of the particular holding that the Land Commission proposed to retain that holding for the relief of congestion. On the 6th July, 1926, Mr. Mansfield was served with notice to the effect that the Land Commission proposed to retain the holding for the purpose of relieving the congestion existing in that area. Mr. Mansfield objected to the retention of the holding. His objection was subsequently heard in court and disallowed by the Commissioners. On the 14th January, 1927, a notice was issued to the tenant, Mr. Mansfield, stating that the Land Commission proposed applying to the Judicial Commissioner for an order authorising them to resume this holding. The order was granted on the 28th May, 1928. Notice was served on Mr. Mansfield subsequently, stating that the Commissioners proposed to resume the holding. The tenant, by virtue of his statutory right, objected to the resumption of the holding. His objection was heard in court and was allowed.

What was the date of that hearing?

The 12th December, 1928. The Deputy may not be aware that in acquiring tenanted land under the Land Act of 1923 it is necessary that these two stages should be gone through. Under the Amending Act of 1927 the first stage has been dispensed with, and when we now decide on resuming land the tenant has only the right of objection on the resumption proceedings. At all events when this case was dealt with under the Act of 1923 the tenant was quite within his statutory rights in objecting at both stages of the proceedings. It is true, as the Deputy has stated, that there has been a good deal of local agitation in connection with the farm. In 1921, as a matter of fact, the case was heard before the Dáil Courts and strange to say, the claimants for the land on that occasion did not put in an appearance.

Were they not represented by a solicitor?

No, they were not represented nor did they put in any appearance in the Court. On the first occasion it came before the court, it was adjourned to enable them to attend, but on the second date they also failed to put in an appearance.

Is it not a fact that they were represented by the late Mr. P. J. Meehan, solicitor?

No. On both occasions they failed to put in an appearance before the Dáil Court, so that the Deputy does not appear to have been supplied with very accurate information regarding the proceedings there. It seems rather strange that if they were so keen on getting the land they failed to put in an appearance before the court in 1921. Now, as to the reasons why the objection of the tenant was allowed, Mr. Mansfield lives in Water-ville, in Kerry. He carries on a butchering business and in the conduct of this business he is assisted by his second son. This farm comprises 121 acres and is worked by his eldest son, who is married and has a wife and four children. It is his sole means of livelihood and is utilised by him primarily for grazing purposes. So far as we can understand from our inspectors when the father runs short of cattle in his shop, the son sometimes supplies cattle from the farm in Lyrogue. The son pays the rates and rent of the farm.

I think the Deputy will admit that a farm of 120 statute acres is not too much for one man. It is true that he does not live on the farm but he has a house quite near. There was no house on the farm and he had to go into the open market to buy one. I think the Deputy must admit that a farm of 120 statute acres is not very large, just sufficiently large to enable a man to make a living on it. The case has been reported on several times by inspectors. As a matter of fact before the Commissioners gave their last decision in this case they send down an inspector to report on it specially. It was as a result of his report and as a result of inquiries made in other directions as well that the Commissioners decided not to resume the holding.

What is the number of uneconomic holdings under £10 valuation, within two miles of the farm?

So far as I can find out, there are only three.

Ask Deputy Dwyer if that is correct.

I shall leave it to Deputy Davin.

I said there are only three under £10 valuation living in the immediate neighbourhood of the farm.

Who made that report?

There is no very acute congestion in that area, congestion as it is understood according to the interpretation of the Land Act. I think the Commissioners were perfectly right in deciding, in this particular case, to allow Mr. Mansfield's objection. After all, the farm is not by any means a large one. It is just large enough to enable the tenant to make a living on it. The Deputy has alleged that certain influences were utilised in connection with this particular case. The Deputy made a similar charge in connection with another case some time ago and he will possibly recollect that he had to withdraw his charge subsequently.

On a point of order, I think the Parliamentary Secretary would be well advised not to go too far into that case. I think he heard the statement repeated subsequently by a certain Deputy in the lobby.

That is a good example of what a point of order is not.

I want to assure the Deputy, and the House as well, that there was absolutely no influence brought to bear on the Commissioners in connection with the case. It was decided on its merits, and I think that on its merits the Commissioners were perfectly justified in allowing the objection raised by Mr. Mansfield to the acquisition of the farm. It is one of the cases which has been investigated most exhaustively. Several inspectors have reported on it.

Did any Land Commission inspector report against the acquisition of the land?

The first inspector undoubtedly did recommend that the land should be retained to enable the Land Commission to make inquiries whether it was a suitable farm for the purpose of relieving congestion. Inspectors in their subsequent reports recommended that it should not be acquired, because they stated that the son of the owner was using the land in the best interests of the country and that the farm was small enough if he were to make a livelihood out of it. I do not think that Deputy Davin is really serious in trying to base a charge against the Land Commission on a case like this. I think he will admit himself that the Commission would have acted unfairly if they took the land from the tenant. I think that Deputy Davin knows perfectly well that the farm is small enough and that it is the son's sole means of livelihood. I think he will also admit that in the counties of Leix and Offaly a farm of 120 acres is not too large if a man is to make a livelihood out of it.

How many acres out of the 121 are tilled?

I could not answer the Deputy. I suggest, however, that it is being used very successfully as a grazing farm.

Would the Parliamentary Secretary tell me why Mr. Mansfield is singled out? That man has not an acre of land in Kerry. He lives near where I live.

You had better tell that to the Parliamentary Secretary and get him to amend his answer to me.

Might I say that in the event of the House having to be called together to consider amendments from the Seanad, I propose to ask you, Sir, to assemble the House on the 31st July.

The Dáil adjourned at 8.55 p.m. until the 23rd October, 1929.

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