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Dáil Éireann díospóireacht -
Tuesday, 8 Jul 1958

Vol. 170 No. 1

Committee on Finance. - Vote 46—Lands (Resumed)

Debate resumed on the following motion:—
That is sum not exceeding £1,147,410 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, 1959, for the Salaries and Expenses of the Offices of the Minister for Lands and of the Irish Land Commission (44 and 45 Vict., c. 49, sec. 46 and c. 71, sec. 4; 48 and 49 Vict., c. 73, secs. 17, 18 and 20; 54 and 55 Vict., c. 48; 3 Edw. 7, c. 37; 7 Edw. 7, c. 38 and c. 56; 9 Edw. 7, c. 42; Nos. 27 and 42 of 1923; No. 25 of 1925; No. 11 of 1926; No. 19 of 1927; No. 31 of 1929; No. 11 of 1931; Nos. 33 and 38 of 1933; No. 11 of 1934; No. 41 of 1936; No. 26 of 1939; No. 12 of 1946; No. 25 of 1949; No. 16 of 1950; No. 18 of 1953; and No. 21 of 1954).

Before the House adjourned last week, I had occasion to express pleasure at the way the Estimate was received in general. I should like to say again that most of the criticism was of a useful and constructive kind. I shall deal, first of all, with some of the points made by Deputy Blowick. He referred to the fact that the number of migrants moved from West to East and of those others moved within their own counties appear to have shown some decline. Part of the reason for this was a cut in the Improvements Vote in the Estimates for 1957-58 and there was another reason in a particular district. However, the prospects seem to be good. We anticipate, if we have the means, that we can arrange for 100 migrations in the current year, which would bring the average for the past four years to cover that figure.

We hope to effect 520 rearrangements. The number carried out last year is a very good average on about eight years' operations. Therefore, we have operated fairly satisfactorily in that respect. I should make it clear that the hard core of rearrangements is coming upon us. Naturally, the inspectors choose those areas where the most work can be done with the minimum of effort. However, there are estates where conditions are more difficult, where agreement is more difficult to secure. There are a number of areas where agreement has been held up through the action of one or two people. Like all Ministers for Lands, I would make an appeal to some people, who feel reluctant, to think over again their position and the offer that has been made to them in the hope that we can deal with some of these difficult cases.

Deputy Blowick suggested that the problem of congestion and fragmentation in the West should be tackled by an all-out effort in the next four or five years. He also suggested that we should purchase about 1,000 holdings for cash each year. As the Deputy knows, under the Land Act which he passed, a direct cash purchase can be used only for migration or rearrangement. That limits the application of the cash principle.

Secondly, we have to be very careful in using cash for purchasing purposes. If we started to buy land in large quantities it might have the effect of inflating the price in the case of private sales. I think every Deputy will agree that the use of large quantities of ready cash for a specific end in a limited period might have that effect. As a result, the Land Commission might be severely criticised for interfering in the selling of land privately. It could be undertaken only after very serious consideration. I do not feel justified in upsetting the ordinary land market, much as I should like to finish off the 9,000 worst cases of unvested intermixed estates.

Next, I should like to answer Deputy Dillon who, in speaking of the decision of the Land Commission to permit the letting of land for periods, issued a caveat against the dangers of reviving landlordism. I do not think I need say very much except that we have no intention of reviving landlordism. I made it clear in my opening speech that the Land Commission will prevent the acquisition of large amounts of land, particularly by persons speculating in land. Permission to let will be given in such a way that there will be no possibility of recreating landlordism.

The fact which we have to face and which has been adverted to by Ministers for Lands in other Governments —it is no new discovery—is that, out of 12,000,000 acres of arable land, 750,000 acres are taken in conacre or on the 11 months' grazing system. I do not think any Deputy proposes that the Land Commission should after its general rules in regard to land which it acquires compulsorily.

We have a tradition of free sale and free use of land. Some people might say that the Land Commission standards of adequate production and employment are very modest while others might say they are quite adequate. I do not believe there is any demand anywhere for a radical change in the general rules under which land is acquired. That means that a huge part of this 750,000 acres is let for convenience by persons, with the understanding of the Land Commission that there is a reason for it, and the land is not acquired compulsorily. I am not saying all of the land is of that character.

The Land Commission, with its limited funds, may, in certain areas, be unable to acquire lands which it otherwise would acquire. I asked the Land Commission to tell me what the result would be if they had more money and if the Improvements Vote were increased—whether they could acquire more land. The inspectors reported that they might, for a few years, be able to acquire about 25 per cent. more land under the prevailing regulations. That is all it would amount to.

I was informed that the pool of badly-worked land is diminishing and for that we can be thankful. Well-worked land gives employment. According to statistics, one man is employed in this country for every 100 acres and nearly three men on estates of over 200 acres. There has been a tremendous emigration even of permanently employed agricultural workers. We have to think of that side of the picture as well as of the relief of congestion. That has been the view of successive Ministers for Lands over the past ten years.

There exists this very large acreage of let land. A typical instance would be a widow with a very young son who decides to let the land sometimes for ten, 15 or 20 years. We see the possibility of giving some chance to landless men who are ambitious to earn money to buy a farm, and who need to climb the farming ladder—an expression frequently used by farm organisations and by the late Senator Moylan. All we are doing is to enable that widow, for example, to let her land for five years, knowing that the fertility will be maintained, that a young man will have the chance of doing good work on the land and saving some money which he may use to purchase a farm. Whatever he does, he will improve his position.

This huge amount of land is let in a way that, so far as I know, is almost unique in Northern Europe. Deputy Dillon can be assured that I, as Minister for Lands, will be advised by men who have years and years of experience on land acquisition and division and that, between the Land Commissioners and myself, and such other advice as I can get, this new experiment will be conducted without harmful results. I can assure the Deputy that anything in the nature of recreating landlordism on a large scale will not take place as a result of this decision.

Does the Land Commission propose to set holdings?

No. It proposes to permit other persons to let land. Deputy Dillon also referred to an inquiry, which he believed was started under the last Government, into the possibility of the Land Commission letting land itself to young men. No detailed examination of that suggestion was undertaken. I think the decision to hold that inquiry was made late in October, 1956. I have a certain amount of sympathy with the idea. I find myself in a very difficult position when I try to propose measures to assist young men anxious to get land without extending the ambit of the present Land Commission's activities. That is why we propose this private letting of land as an experiment which may assist the solution of this problem.

I do not think anybody wants the general ambit of Land Commission work to extend. I do not think anybody wants further interference with land ownership to take place. I think they recognise the limitations of Land Commission work; that the problem of congestion can never be solved by the Land Commission; that there will never be enough land; that all we can do is to acquire badly-worked land that comes within our competence and work towards ending extreme congestion in the West.

My difficulty in dealing with this suggestion, that the Land Commission should let land, is that it would inevitably diminish the pool of land from which we attempt to settle this problem of extreme congestion. In addition the method of selection involves difficulties. It involves some sort of competition of a very definitely established kind. The opportunity in the future may be given to me to study this problem further. I myself would like to see a proportion of the Land Commission's land awarded to young men on some basis, but I find it very difficult to carry out that principle and at the same time end the extreme congestion in the West and to satisfy the traditional requirements of uneconomic landholders, and to alter the tradition of the Land Commission without causing dismay or discouragement on the part of those who will be deprived of their chance of getting land, when land is acquired adjacent to them.

Since Deputies with different political origins, such as Deputy Moylan, when speaking in 1946 and Deputy Dillon, made proposals of this sort, and since the former Minister left on the records a sentiment of his own in regard to doing something for young people, and since the National Farmers' Association and Macra na Feirme have proposed an elaborate apprenticeship scheme, involving a great deal of administrative work, I shall examine the position again to see if some solution can be arrived at.

A number of Deputies referred again to the question of making land available to landless men and cottiers and I can only repeat what I said on the Estimate, that whatever disagreement I might have with previous Ministers for Lands on policy, and I have very little, I agree with them on the general decision that to include landless men, sons of farmers and cottiers among those qualifying for land taken primarily for the relief of congestion, would simply add to our difficulties. I know cases in some eastern counties where there would be 100 applicants for ten or 12 holdings and if you are to include all those classes the only common factor between them would be competence. I think the competence would require the kind of examination that takes place in Holland, where conditions are very different, amounting almost to a competitive examination. I cannot see the possibility of carrying that out here and I believe it is right to keep the functions of the Land Commission largely for the relief of congestion and giving land to persons who have experience not only of working it but also of owning it, however small the amount of land may be.

I may be considered conservative in that but having looked at the records of what happened when land was given during the experimental phase to landless men, I feel we are on a safer course and above all avoiding the difficulties attached to the allotment of land when a number of extra classes of persons have to be added to those comprising extreme congests in the West and local uneconomic landowners. I have every sympathy with those people who have, one way or another, acquired experience and then feel themselves deprived of land but as I said I see no possibility of enabling all those persons to be considered and it would make the work of the Land Commission extremely difficult.

There were complaints about the delays in disposing land on hand from Deputy Carty, Deputy Hughes, Deputy Esmonde and Deputy Tierney. I should like to make it clear again that the Land Commission are going to try and dispose of all arable lands in their hands by March, 1960, with the exception of holdings associated with complicated rearrangements and migrants, where delays are experienced for reasons well known to Deputies. I hope thereafter there will be no undue delay in allocating land because it is inimicable to good production, and above all, because people remain uncertain in regard to their chances of allotment.

Some Deputies referred to the maintenance of Land Commission roads. I think there again the Land Commission with the limited funds at their disposal, cannot be regarded as a road body except in the first instance where access is required to land they are preparing for disposal. We have no organisation to maintain roads and it would be wrong for us to maintain roads once they have been built. That is a matter for the local authorities and the Special Improvements Schemes Office, I would not like to see a triplication of functions with regard to roads. We already have two authorities to deal with them and let us not have a third. Consultations do take place between the Land Commission and the local authorities regarding such matters if road sites may be required.

Deputy Hughes complained of a number of holdings that had been let in his area subsequent to allotment. I gave an analysis of several hundred holdings awarded since 1933. About 13 per cent. of the land allotted was let. That figure can be considered in light of our prevailing system of land tenure not very good and not very bad. So far as allocations during the last ten years are concerned I think that the record has been better and that that is due to the fact that the Land Commission quite obviously demand a higher standard of competence from those to whom they allot land. As I indicated in my Estimate speech I am encouraging them to continue in that direction because while I do not think 13 per cent. is a disastrous percentage it is too high because of the very valuable gift made by taxpayers to allottees, an amount that is never paid in the annuity that is provided.

Deputy Blowick and Deputy Carter asked for further information about relief for the Shannon area. About £100,000 is being made available from the National Development Fund and a special corps of inspectors is being detailed to investigate all aspects and to prepare a specific scheme. It is hoped to complete the scheme in the current year and next year.

Surely it is not sufficient for the Minister just to say that £100,000 has been authorised to do something?

These are the cases of severe and perpetual flooding.

The Minister is telling me.

I believe Deputies know sufficient about it.

I was the Minister in charge of it.

These are cases of persons whose houses are habitually flooded or whose outhouses are habitually flooded or whose lands are almost completely flooded. There are some 70 such people altogether in the counties named, Galway, Roscommon and Westmeath.

Are you going to get them new houses?

Where necessary, and sometimes stands of six acres for their cattle in the case of floods. It is quite a complex picture because of the variety of different conditions met and the variety of the degree of flooding met. I think the inspectors will do a good job on it.

The Minister is aware that there is in the Department of Agriculture a detailed report on every holding and the circumstances of each tenant in that area?

I am quite aware of that. In fairness I should say that no action was taken until this year. It is only now that the plan is going into operation.

Deputy Carty referred to some unallotted holdings on the Kenny estate in Galway and said the houses were unsuitable. My information is that the tenants who were to come into these holdings refused, not because of the particular style of the houses being erected, but also on more general grounds. These lands are now being held because they may be required because of the Shannon floods. That is why there is a delay in making the final allocation.

I do not like interrupting the Minister, but seeing that the Minister has disposed of the Shannon situation so succinctly, would he mind my asking him now are the findings of the American expert called in to report on the drainage situation in that valley being finally jettisoned?

No, they are still the subject of examination by the Office of Public Works.

It seems to me that these are two conflicting policies. If you eliminate the drainage, it is not necessary to move the tenants; if you move the tenants, there does not seem to me to be any sense in eliminating the flooding.

If the Deputy reads the immensely long report, he will find some of the proposals involved the deepening of basins which might have other consequential effects. We felt that whatever action was taken over the report, it would be so many years before it came into operation that something should be done to deal with this particular type of unique flooding, which only takes place on the stretch from Athlone to Meelick, rather than wait for the report which might be years and years. The estimated cost runs into some tens of millions for carrying out the scheme, if it were adopted.

Deputy Lindsay made what I think was an unjust attack on Deputy Doherty for his action in trying to straighten out a difficulty that arose in connection with co-tenants paying annuities. I should like to say only that Deputy Lindsay must have misunderstood Deputy Doherty's motives in that. We all of us, as Deputies, receive requests to straighten out receivable order difficulties from time to time. I certainly receive a good number. In trying to straighten out these difficulties, I think both Deputies and, in general, the tenants, are perfectly aware that it does not give the Deputy any legal right to interfere. He is simply trying to straighten out some administrative difficulty that has arisen in the payment of annuities. I am quite certain Deputy Doherty was not trying to take unfair advantage of his position as a member of the Dáil to give the impression that he had overwhelming influence with the Land Commission.

Surely it is going very far for a Deputy to get his name put down for a neighbour's land without the neighbour's consent?

I do not believe the action taken could be described as rigidly as that. I do not believe Deputy Doherty had any intention of appearing to have excessive power in this matter. Payment is effected by all sorts of persons on behalf of other persons without their being entitled to any legal right as to who is co-tenant, as to whether both tenants share joint annuities or must pay them together or any other circumstance. I am just defending Deputy Doherty. I do not think he had any sinister motive in trying to increase his reputation as a Deputy by appearing to be able to go into the Land Commission and, as it were, to swing the law around his head.

The Minister will agree that in future Deputies would be well advised not to get their names put down on the receivable order for their neighbours' land without their neighbours' consent, however well-intentioned the Deputies may be.

That may be true as as isolated statement, but I will have to go into it in more detail to know whether it occurred in this case.

The Minister is back-pedalling valiantly on behalf of the Deputy. Perhaps he may drop a word of wisdom in his ear?

I made the position clear. Deputy Lindsay was speaking like an advocate in court, condemning Deputy Doherty for something which, I think, was not in his mind.

What I am troubled about is what was on the receivable order.

Deputy Esmonde referred to the extreme delay in dealing with land given in Wexford. That question is being dealt with at present. We hope to reduce the delay.

Deputy Killilea expressed his objection to some of the work of the Land Commission in Galway. The Land Commission divided twice the amount of land in County Galway in 1957 as compared with 1956, including a great deal left on its hands for a long time. The question of the non-acquisition of a very large bog can be considered by the Land Commission again.

Deputy Esmonde dealt with one question, namely, absentee owners. He referred to an American owner of land who apparently lived away from the country for a long time. I should say that in all the arduous work of the Land Commission in making decisions in acquisition cases, I do have tremendous sympathy with the Land Commission when they deal with absentee owners who so often say they will come back to retire and frequently it is a vaguely expressed sentiment which may never be fulfilled. I think they must have tremendous difficulty, particularly in the West, in deciding whether to accept these promises or not. I would say that sometimes their judgment may prove bad for no fault of their own simply because they take statements and decide: "This fellow seems to be sincere when he says he will return within five or ten years when he has made his fortune abroad." But then circumstances change and the owners decide to remain abroad. I have the greatest sympathy with the Land Commission. From what I have seen and from the many files which I read in order to acquaint myself with how they operate, I think their judgment has proved remarkably fair in most cases. But of all the decisions I would have to make if I were a Land Commissioner, I would find the most-difficult would be the acceptance or rejection of pleas by absentees that they will return to land from which they have been absent for a considerable number of years.

Deputy Dillon referred to the preservation of documents. The importance of these documents is fully appreciated in the Land Commission and every possible care it taken of them. The documents are preserved in a special records branch of the Land Commission where they are fully indexed and filed in steel boxes which are kept in strongrooms. I can assure the Deputy these documents are in good hands. Occasionally, they are consulted by research students from the university, people claiming to be descendants of former estate owners and people interested in genealogy. That disposes of the humorous suggestion made that if the Land Commission were compelled to move their offices, nobody would ever be able to find the files again. These historic documents are well cared for.

May I ask the Minister, as a matter of interest, has he considered the desirability of getting the views of the National Librarian on the microfilming of this vast mass of material? After all, we all know the documents are thought to be very safe in safes, but if they are destroyed, there is no remedy for it. Microfilming would be the remedy.

I will ask the Land Commission to approach some of our historians or the officers in the National Library and see what is their view on this question.

Deputy Tierney has not been very long in the House, so I will not say very much about the fact that he was the only Deputy who questioned the independence of the Land Commission. I will simply say I feel sure that when Deputy Tierney has been long enough in the House, he will agree with the vast majority of the members that the Land Commission should have a judicial aspect. As the late Deputy Seán Moylan said on the occasion of the debate in 1956, the heart of nearly every Minister for Lands has been broken because he never has been able to complete the task. The task is impossible and there never will be enough land to solve the problem. They would be more quickly broken if they were to have the direct control of land acquisition and land allocation. When I look at the different personalities of previous Ministers for Lands and their different political viewpoints and their unanimity about this, I feel I am in very good company in saying I must resist Deputy Tierney's suggestion that there should be direct political control of land acquisition and land allocation.

Hear, hear!

I should like to say again that neither the order of acquisition nor acquisition itself will be altered by the formation of land leagues. In any case, those land leagues consist largely of people other than those who would be likely to get the land, if it were acquired. I should like to say also in that connection, that land leagues which agitate by putting up notices surrounding lands which have been well worked and the free sale of which is guaranteed under our traditions will serve no good purpose; they will prevent a private sale being effected to somebody who would give good employment in the district. At the same time, they will not force the hands of the Land Commission. Such events, I am glad to say, have become very rare with the passing of time.

Deputy Hughes made a fairly serious statement in regard to estates in Carlow. He mentioned in passing that an estate had been purchased by a foreigner. I should make absolutely clear what I said before, that the Land Commission does not take account of the nationality of the owner of the land in carrying out its activities. Nationality is not mentioned in the Land Acts. I should like to repeat that the attitude of this Government and the past Government in regard to the purchase of property by non-nationals was stated by the Taoiseach in Volume 164, column 937, of the Dáil Debates for 21st November, 1957. I would ask Deputies who want to know the general attitude towards the purchase of property by non-nationals to read that very carefully devised statement, which made the position absolutely clear.

Therefore, in this estate in Carlow the nationality of the owner had no relation to the position. The Land Commission can acquire land where production and employment seem to be inadequate. In the case of these estates, there has been up to now no evidence that production was inadequate. In fact, in the case of the estate of Brownshill, which was sold without the Land Commission intervening, there was satisfactory evidence that good amounts of fertilisers had been applied, since a report was made by the Land Commission in 1953; that there were 22 per cent. more cattle and 70 per cent. more sheep on the land than before and that good crops were harvested. In the case of the large estate which was purchased, Oak Park, the statement was made by the purchasers that they intended to carry out a proper rotation as soon as they had cleaned the land by means of a tillage plan, that they were employing 57 persons and that, although they would only put cattle on the land in the autumn and winter to begin with, thereafter they would commence the raising of pedigree stock.

In view of the past record of the new owner and in view of what had taken place, so far as the Land Commission could gather from inquiries about the management of the two estates, it would be impossible to acquire the estate on the ground that there was inadequate employment or inadequate production. Since some members of the deputation referred to questioned the "good husbandry" of the estate, questioned as to whether the estate was conducted on the "rules of husbandry", I should say that it is quite clearly stated in the Land Acts that the main consideration is "employment and production". I think the framers of the Land Acts were quite sensible in not using the words "good husbandry" in regard to the acquisition of land, as they would have made proceedings in the courts tremendously difficult, with agricultural experts on both sides trying to convince people as to whether or not land that might be producing adequately was being run according to the rules of good husbandry.

There is a tremendous amount of controversy on that subject. As Deputies well know, there are good farmers who operate almost entirely without the use of farm manure and use artificial fertilisers. Others would say that that is detrimental to the land. I should like to make it clear that the statement in the Land Acts refers to adequate production and employment. I should add that no reports have been received by the Land Commission in the last two years on the sale of large estates to foreigners. I mention that because there has been agitation of a nebulous kind about foreigners buying up large acreages all over the country. With the exception of this report, there have been no reports over two years that foreigners are buying estates.

I should say also that we have far too many houses of not excessive size and in reasonably good condition, surrounded by 60 or 100 acres of demesne land, unoccupied, in this country. Many people who live in the same type of house give excellent employment. I hope the Land Commission will be able to dispose of those houses in their possession and I hope that we can encourage people of the right kind to occupy those houses and to make use of the demesne land that is left around them, in order to increase production and give good employment. We have to bear that in mind in regard to the work of the Land Commission.

Are these houses advertised?

The Land Commission take all the steps they can, whenever they consider advertisements are worth while.

I never saw one of them advertised.

I will have to inquire. I know of cases where they were advertised. Anyway, I have asked the Land Commission to take the most up-to-date and modern attitude towards the disposal of those houses and to break down any elements of red tape which might have existed in regard to the methods of sale, in order to see whether we cannot get those which are reasonable in size and in good condition occupied by people prepared to work the lands and to give employment there.

I think I have dealt with practically every aspect of Land Commission work referred to in the course of the debate.

Before the Minister concludes, might I direct his attention to one aspect of the problem, that is, the sale of these houses? Has he ever caused an inquiry to be made into the poor law valuation of these houses? If he does, he may find the key to his problem. The rates having gone up from 7/- in the £ to £2 in the £, some of those houses have become unoccupiable, because the rent through rates upon them has become an unbearable burden. Would the Minister look into that?

I have been looking into it, actually.

Vote put and agreed to.
Notice taken that 20 Members were not present; House counted, and 20 Members being present,
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