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Dáil Éireann díospóireacht -
Wednesday, 1 Jul 1931

Vol. 39 No. 10

In Committee on Finance. - Vote 8—Local Loans.

I move:—

Go ndeontar suim ná raghaidh thar £680,000 chun slánuithe na suime is gá chun íoctha an Mhuirir a thiocfaidh chun bheith iníoctha i rith na bliana dar críoch an 31adh lá de Mhárta, 1932, chun capital do sholáthar do Chiste na nIasachtaí Aitiúla, agus chun aisíoc do dhéanamh le Rialtas na Breataine mar gheall ar iasachtáí áitiúla atá gan íoc.

That a sum not exceeding £680,000 be granted to complete the sum necessary to defray the Charge which will come in course of payment during the year ending on the 31st day of March, 1932, to provide capital for the Local Loans Fund and to make repayment to the British Government in respect of local loans outstanding.

In this connection we on these benches are not prepared to accept this Estimate without discussion and without opposition because of the fact that it forms part of that notorious agreement known as the Ultimate Financial Settlement. There are several heads of that agreement which we think are unjustifiable not only from the national, but from the moral point of view. We feel that under the first head, under which the Government, purporting to act on behalf of our people, undertook to pay to the British Government the land annuities accruing due under the Land Acts, 1881 to 1909, is not an agreement that any Party standing for the historic principles of Irish nationality could assent to.

I do not propose to revise or reopen the land annuities controversy on this Estimate, but the fact that it is part of the agreement under which the amount now to be voted is to be paid is one of the reasons why we do not propose to allow this Estimate to go through without a division. In addition to the proposals relating to the land annuities there is also the provision under which the Free State Government undertook to recoup the British Government up to 75 per cent. of the amount expended in payment of pensions and compensation allowances to ex-members of the Royal Irish Constabulary. We have satisfied ourselves that even under the terms of the Treaty and in view of the subsequent procedure under the Treaty in regard particularly to the R.I.C. this money is not justly payable by this country. For that reason we regard the whole contract known as the Ultimate Financial Settlement as not binding and one which should not be kept.

I do not know what case the Minister is going to make to the House for the repayment of these local loans. I presume that he will say that as these moneys were provided originally by the British Treasury and were loaned to our local authorities for public purposes we are bound to repay them, but in that connection I would like to remind the Minister that the resources of the late United Kingdom were the joint resources of this country and of Great Britain, that they were held by us in common, that everything which derived from them, all the profits and all the assets which ultimately were created by the use of those funds and those resources were in the joint and common ownership not only of the people of Great Britain but of this country, and that, therefore, in view of that we were entitled, in any final account which might be made between this country and Great Britain under Article 5 of the Treaty, to a fair share and a just proportion of the amount of money which was to be repaid to the British Exchequer on foot of these local loans. I know that the Minister is going to say that this Ultimate Financial Settlement was a fair discharge of our liabilities under Article 5 of the Treaty. I would like to read that Article for the consideration of the House:

The Irish Free State shall assume liability for the service of the Public Debt of the United Kingdom as existing at the date hereof and towards the payment of war pensions as existing at that date in such proportion as may be fair and equitable, having regard to any just claims on the part of Ireland by way of set-off or counter-claim, the amount of such sum being determined in default of agreement by the arbitration of one or more independent persons being citizens of the British Empire.

By Article 2 of the schedule to the Treaty appended to the Treaty (Confirmation of Amending Agreement) Act of 1925, it is provided that the Irish Free State is "hereby released from the obligation to assume the liability therein mentioned." The real point in that connection is this, that by the Amending Act we are told that any obligation which we have under Article 5 of the Treaty has been cancelled and that we are relieved of the responsibility for fulfilling such obligation. If we were released from that responsibility and those obligations, how does this provision for £600,000 yearly by way of annuities in repayment of the amount of the advances from the British Local Loans Fund come about? We are told by Article 2 of this Agreement that our responsibility under Article 5 of the original Treaty had been wiped out, but here under sub-head B of the Estimates we find that an annuity amounting to £600,000 is payable to the British Local Loans Fund under Article 5 of the Ultimate Financial Settlement in respect to the agreed amount of the advances to that fund outstanding on the 1st April, 1926.

Surely if we were to assume liability for the service of the public debt of the United Kingdom, as it existed at the date of the Treaty, and if we are entitled to put forward, by way of set-off or counter-claim, any just claims we may have had, these two items would cancel each other, and the Minister acting on behalf of the Executive Council should not have accepted any responsibility whatever for what was really portion of the National Debt under another form. The Local Loans Funds were advanced out of British resources. They were provided in the main by the National Debt Commissioners. It is possible that a large part of those resources was provided by the creation of public debt in Great Britain. If part of that public debt has been occasioned by the fact that advances would have been made to the funds of the local authorities in Ireland prior to the Treaty, and if our obligations in relation to that public debt were to be wiped out, surely there is no ground and no justification for redeeming in an indirect and roundabout way that part of the National Debt which was represented by advances from the Local Loans Fund?

I feel that Article 5 of the Treaty is a very remarkable one. It will be noticed that the specific obligation it imposes on us is to assume liability for the service of the public debt of the United Kingdom, and whilst that was an entity which was quite capable of being defined and was defined in the terms of the Treaty in such a way as to impose a considerable burden upon us, nevertheless, in drafting the Treaty no care was taken to state in the same definite way under what heads we could advance claims as a set-off against the liability which this Article imposes upon us. It would seem that in this regard the interests of the people have been altogether overlooked. It would seem that the main thing to be considered was the amount of the British public debt which could be unloaded upon the pockets of the Irish people, although that debt had been annually created by Britain's foreign wars, by the Great War, and by the preceding wars in which she had conquered her Colonies and Dominions, and as a result of which Britain had benefited by increases in wealth of a considerable magnitude. There was not in this Article an attempt to establish the rights of the Irish people to a share in the territories, trade, commerce and other tangible assets that had been created as a result of the expenditure of the money borrowed to create this public debt.

That is merely by the way. To get back to our original position. The provision made under this Estimate is part and parcel of what is known as the Ultimate Financial Settlement, which we feel is disadvantageous to this country, and which we know is positively injurious in its effect upon our whole credit and financial structure. We think it is contrary to the historical principles of nationality, contrary to the principle that the land of Ireland belongs to the people of Ireland, and was given to them for their use and benefit. We are opposing the provision of the £600,000 for Local Loans.

It is always useful to get a clear expression of opinion from men holding prominent positions in the political world, because one reads a lot of speeches delivered at different places and the voices are not always the same. You come away with a jumbled mind. You are not certain what they mean. Deputy MacEntee, who has been very clear in this matter, stated in the presence of his future Prime Minister and Deputy Fahy, that when the time comes when they will occupy these benches, there will be no paying of land annuities to the British Government or of any of this money that is arranged with regard to our contribution towards the pensions of the old R.I.C.

Did the Deputy say that to-day?

Mr. Wolfe

I understood the Deputy to say that.

It is a bit far from this Estimate. I must have been wandering myself.

Mr. Wolfe

I understood the Deputy to say that. It is delightful to get a clear expression of opinion, because one knows what to say when asked about the views of a special person. I do not think the people on the whole object to paying their just annuity debts in this country. I am one of those who have to contribute towards one of these things which the Deputy alluded to in a pretty large degree. I quite understood my liabilities at the time. I have no idea of repudiating them, and I do not think the majority of the people of the country intend to repudiate any liability that they have entered into with our neighbours across the water. I intend to support this Bill.

I can assure Deputy Wolfe that we have no more intention than he has of repudiating what we regard as our liabilities, but we have to clear——

Mr. Wolfe

May I interrupt the Deputy, to say that I mentioned land annuities and our proportion of the Royal Irish Constabulary pensions.

Both of these matters are outside the scope of this Estimate. Deputy MacEntee mentioned them in a beautiful phrase of his own, by the way, but it was very far away.

I realise that we could have some hours' debate on this matter, so I do not propose to go into it at all. I simply want to make it clear to Deputy Wolfe that we propose to hold the land annuities, and we propose not to be bound by the commitments the present Government entered into in secret, and, in our opinion, without any legal binding force. But we do not take up the position that the Deputy would wish to place us in, and that is, that we are repudiating liabilities. The whole question is whether these are in fact liabilities and just debts. Our position is that they are not. If that matter is clear all that I want to say on this particular point is said. We object to this payment because it is part and parcel of a yearly payment that amounts altogether to something like £5,750,000, of which five and one-third millions are handed over directly to Britain. This Estimate is part of that sum. We believe that we are not legally bound to pay that money. We believe that we are justly entitled to hold it. I tried on more than one occasion to bring to the attention of Deputies the fact that this payment represents a burden on our people which precludes the possibility of any swift economic recovery here.

In order that Deputies might realise what a burden it really is, I tried to make a comparison with the sum that has been voted by this House for the Shannon construction works. I do not think the amount voted by this House directly for these works up to the present amounts to the sum of £5,750,000 which we are annually handing over to Britain—unjustifiably, in my view. I think it is a fact that that sum is greater than the amount that has been voted by this House for the Shannon construction works. Therefore, in sending this sum out of the country yearly we are making a present of a sum which, if retained here and used for that particular purpose, would enable us to finance completely a national enterprise every year as great as the Shannon scheme. It is a very serious matter for this country and we have to ask ourselves whether we are justified at all in making a gift of that kind. We believe—we have stated it before and given our authority—that we have right on our side in this matter and that we have law on our side, and that we are not just to our people in handing over the fruits of their toil to the extent we have indicated, namely, a sum that would enable our people every year to finance completely a national enterprise as big as the Shannon scheme, and to give our neighbours as a gift a sum of money which would enable them, if they used it for that purpose, to finance completely a scheme just as big as the Shannon scheme.

I have tried in another way to get Deputies to realise what it means by pointing out that it represents a burden on our people greater than the burden on the German people for war reparations. The amount that the German people have to provide for war reparations under the Young Plan represents, I think, between £20 and £21 for every £100 that they provide for governmental services. Here the sum we provide represents £24 per £100 provided for governmental services. Another way of looking at it is this: The war reparation payments under the Young Plan represent a tax of £1 6s. 1d. per individual citizen in Germany. With us this payment amounts to £1 16s. 3d. per head, so that if we take the average family in Germany to be what the statistics tell us it is here—4.3—the German family would have to provide £5 12s. 4d., whereas we have to provide no less than £7 15s. 10d. I think I have made a case for very careful consideration before we vote this sum of money. We cannot afford to pay this money. A speaker on the opposite benches stated recently that if we kept these annuities Britain might put a tax of £1 or £2 per head on our cattle.

The Deputy knows that that does not arise here.

I am simply pointing out the weight of the payment.

The payment is not here.

It is part and parcel of a larger payment, and it is very difficult to disentangle if we want to see the full effect of each individual payment. If we take the payments separately it is difficult to realise the full weight of the combined total.

I have allowed the Deputy to develop that point.

I am not going to go outside except in so far as each particular payment here is concerned. This is part of the general payment. To realise the total burden we must take the payments as a whole. The Minister referred to the question of the land annuities. That is part of this payment. The fact, so the Minister told us, was that the British would retaliate by putting a charge of £1 or £2 per head on our cattle, whereas, as it stands, this represents a charge of £3 10s. per head on our cattle. I introduce it now simply to get Deputies to realise the magnitude of this sum when they find that it represents a charge of £3 10s. per head on the cattle that we export to Great Britain. All the Deputies realise that cattle is our biggest trade. So that we are not entitled here as Deputies charged with looking after the national interests to vote away this money as long as there is a reasonable case—and I hold that there is more than a reasonable case— for withholding it. I showed in connection with the land annuities what that case was. We are voting against this because it is part and parcel of this whole Ultimate Financial Settlement, the terms of which we hold to be unjust and unfair, and not binding upon us.

Deputy MacEntee and Deputy de Valera have, as usual, misrepresented the facts of the Ultimate Financial Settlement and its relationship to this Vote. This payment does not, any more than the land annuities, rest on the Ultimate Financial Settlement. The Ultimate Financial Settlement dealt with minor matters. So far as the land annuities are concerned, the Ultimate Financial Settlement dealt only with the income tax on the interest portion of the land annuities. The land annuities are paid under a section of the Land Act of 1923, which also arises from certain things which preceded it, and not from the Ultimate Financial Settlement. The Ultimate Financial Settlement only altered to the benefit of the Saorstát an arrangement already in existence. The arrangement already in existence was that all the money collected in respect of the advances to the Loans Fund in the Saorstát should, after a deduction had been made for the cost of collection, be transmitted to the appropriate funds in Great Britain. We arranged with the British Government to compound that, and to pay, for a period of twenty years, an annuity of £600,000. Long after the period of twenty years, receipts will be coming into the Saorstát Exchequer from advances made during the British time to local authorities or to individuals out of the Local Loans Fund. For ten years after the expiration of the twenty years' period there will be a very substantial sum coming into the Saorstát Exchequer, and there will be a decreasing sum running actually to the end of the century.

It was not that the British asked to have it changed. It was we who asked to have a new arrangement made rather than pay all the amount collected. It seems to me to be perfectly clear that this matter has really nothing to do with Article 5. The President, in his statement on the amendment of the Treaty which struck out Article 5 and the Boundary Article, pointed out that that agreement was made on the basis of an existing arrangement relating to land annuities, police pensions and these local loans. He made it perfectly clear how the position stood. I have already quoted that statement in the Dáil two or three times. He made it clear that on the basis of the arrangement amending the Treaty that this and other matters remain payable. I think apart from the President's statement it is perfectly clear, and anybody who will look at it will agree that this has nothing to do with the question of our liability or lack of liability for the British public debt. The Government in this connection is essentially only a postman or agent taking the money from the debtor to the creditor. These local loans were advanced to local authorities and, in certain cases, to individuals. They were no different from advances that might be made to a local authority by a bank or to individuals by a bank for the purpose of land purchase. They remained the property of the person who made the loan unless that person transferred his rights. There is nothing in the Treaty to say that private debts due to the British Government were to become the property of the Saorstát Government, nothing at all. Unless there was a special arrangement, normally they would not.

Why private debts?

They were loans advanced by the British to local authorities for carrying out local work, just exactly in the same way as an advance made by a bank.

Advanced by the State?

Not exactly in the same way as a British bank might have done it. They did not become—merely because the debtor was here and the creditor in Britain—Saorstát property at all unless they were transferred, and they were not transferred. The position, therefore, was that in the beginning, until this arrangement in regard to the £600,000 due by creditors here was made they were collected and paid to the British Government. All these things, in so far as the debts were due to the British Government were a factor, and they would be a factor if we had come to the question of arbitration under Article 5 of the Treaty. Not only the public debt that Great Britain owed, but obviously the assets which Great Britain possessed, would be taken into account in determining what the liability of the Saorstát was. What actually happened was that Article 5, as was clearly pointed out by the President on the Second Reading of the Bill confirming the amendment of the Treaty, was struck out by the arrangement. Article 5 was based on the assumption that these payments that were already made would be continued.

It is very carefully hidden from the public.

That is not so. The President made that perfectly clear. I am sorry I have not the passage here now, but I remember it well.

I remember it well. It was carefully hidden.

It seems to me to be perfectly clear. It is unmistakable. There is no question of its being given in a technical phrase or anything like that. It was stated in the clearest possible way. Deputy de Valera talked about the way in which this country is being drained by these payments. He tried to make the question of the size of the payments the fundamental question. It is not unless in certain eventualities the country was unable to make payments. Then, of course, the size does become a vital matter. In the ordinary way, the size is not the matter. It is a question of whether they are owing. I am perfectly clear that this money is owing, that the British Government advanced a sum to an individual—

Not the British Government, surely.

—and that they have a claim against the individual, and unless their claim was clearly transferred or apportioned to the Saorstát it remained an asset of theirs, an asset which would have to be taken into account in certain circumstances, as it was one of the things that reduced the total weight of their Public Debt, with a view to determining what the Saorstát liability was.

Take this question of burden. The British might complain about the enormous sums that they were paying into this country, to holders of War Loans and other British Stock, and to those who were receiving military service pensions from them. If it was a question of burden and paying out sums they could urge just as strong claims as we could.

There is another fact that should be borne in mind, that is that a great lot of this money actually comes back to this country. If you take the R.I.C. pensions, a great number of the pensioners are living in the Saorstát, and the money comes back to the Saorstát again. A considerable quantity of land stock is held in the Saorstát, and the money which is paid by way of land annuities for the purpose of the Land Purchase Account is paid to the stockholders here, and actually comes back here. Any suggestion that there is a net payment of any of these sums that the Deputy mentioned out of the country is misleading. The main sums are really nothing at all in the nature of the German payments. I do not want to go into that at the moment.

I have done so before, and I do not want to go into it now, but they are essentially private debts, loans made to private individuals. They are not liabilities due to the State. The State, as I say, has the duty of postman or messenger, and nothing else.

First of all, these loans are loans made to public authorities.

Not all.

Well, the majority are. Can we get agreement on that?

A substantial portion.

There were loans not by the British Government, as the Minister stated, but by the Government of the United Kingdom of Great Britain and Ireland. If they were loans by the Exchequer of that Government then the people of this country have some right and some title in them. That is the point.

That right and title depends on Article 5. If you were assuming portion of the British national debt or if that question had gone into arbitration, then when the British pointed to their debt you could at least point, on the other hand, to assets which reduced the total burden of that debt. That is the only way they would come into account, and our liability would accordingly be less. If there were assets to be taken into account, it would offset or counter any claim that might be made to reduce the net burden of the British national debt.

But there are assets. We are told that our responsibility for the British national debt has been wiped out.

No, not at all. The people who borrowed the money are the people who are to pay this debt— that is whether they are individuals or local authorities. That is entirely a different question from this State assuming responsibility for a national debt. There is nothing to indicate to us that the asset, because it happened to be situated here, gives us a right to it. You could not urge that geography determines ownership in assets.

Vote put.
The Committee divid ed: Tá, 57; Níl, 43.

  • Aird, William P.
  • Beckett, James Walter.
  • Bennett, George Cecil.
  • Blythe, Ernest.
  • Bourke, Séamus A.
  • Connolly, Michael P.
  • Cosgrave, William T.
  • Craig, Sir James.
  • Davis, Michael.
  • De Loughrey, Peter.
  • Doherty, Eugene.
  • Dolan, James N.
  • Duggan, Edmund John.
  • Dwyer, James.
  • Egan, Barry M.
  • Finlay, Thomas A.
  • Fitzgerald, Desmond.
  • Fitzgerald-Kenney, James.
  • Gorey, Denis J.
  • Hennessy, Michael Joseph.
  • Hennessy, Thomas.
  • Henry, Mark.
  • Hogan, Patrick (Galway).
  • Kelly, Patrick Michael.
  • Law, Hugh Alexander.
  • Leonard, Patrick.
  • Lynch, Finian.
  • Mathews, Arthur Patrick.
  • McDonogh, Martin.
  • Brennan, Michael.
  • Byrne, John Joseph.
  • Cole, John James.
  • Collins-O'Driscoll, Mrs. Margt.
  • Conlon, Martin.
  • McFadden, Michael Og.
  • McGilligan, Patrick.
  • Mongan, Joseph W.
  • Mulcahy, Richard.
  • Murphy, James E.
  • Nally, Martin Michael.
  • Nolan, John Thomas.
  • O'Connell, Richard.
  • O'Donovan, Timothy Joseph.
  • O'Higgins, Thomas.
  • O'Leary, Daniel.
  • O'Mahony, The.
  • O'Reilly, John J.
  • O'Sullivan, Gearóid.
  • O'Sullivan, John Marcus.
  • Rice, Vincent.
  • Roddy, Martin.
  • Shaw, Patrick W.
  • Sheehy, Timothy (West Cork).
  • Thrift, William Edward.
  • Tierney, Michael.
  • White, Vincent Joseph.
  • Wolfe, George.

Níl

  • Aiken, Frank.
  • Allen, Denis.
  • Anthony, Richard.
  • Blaney, Neal.
  • Boland, Gerald.
  • Boland, Patrick.
  • Bourke, Daniel.
  • Briscoe, Robert.
  • Carty, Frank.
  • Colbert, James.
  • Corkery, Dan.
  • Corry, Martin John.
  • Crowley, Fred. Hugh.
  • Crowley, Tadhg.
  • Davin, William.
  • Derrig, Thomas.
  • De Valera, Eamon.
  • Fahy, Frank.
  • Fogarty, Andrew.
  • French, Seán.
  • Geoghegan, James.
  • Gorry, Patrick J.
  • Goulding, John.
  • Harris, Thomas.
  • Houlihan, Patrick.
  • Jordan, Stephen.
  • Killilea, Mark.
  • Kilroy, Michael.
  • Lemass, Seán F.
  • Little, Patrick John.
  • MacEntee, Seán.
  • Moore, Séamus.
  • Morrissey, Daniel.
  • O'Connell, Thomas J.
  • O'Kelly, Seán T.
  • O'Leary, William.
  • O'Reilly, Matthew.
  • Ryan, James.
  • Sexton, Martin.
  • Sheehy, Timothy (Tipp.).
  • Smith, Patrick.
  • Walsh, Richard.
  • Ward, Francis C.
Tellers: Tá, Deputies Duggan and Dolan; Níl, Deputies Boland and Allen.
Question declared carried.
Barr
Roinn