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Dáil Éireann díospóireacht -
Thursday, 23 Oct 1969

Vol. 241 No. 10

Ceisteanna—Questions. Oral Answers. - Land Purchases by non-Nationals.

274.

asked the Minister for Lands if there are records in the Land Commission giving the acreage of good quality agricultural land held by non-nationals in this country; if not, if he will take steps to have such a record kept; if so, if he will state the amount of land held by non-nationals, the area of such land and the country of origin of the present occupier; if companies of non-nationals have been formed for the purchase of land in this country; and if he is aware that it is impossible for local landowners and smallholders to compete against such purchasers for land where the Land Commission have not purchased it for the relief of local congestion.

The available records—which are in existence since 1st August 1961—are not kept in the precise form mentioned by the Deputy: indeed, having regard to the varying degrees of land quality to be found— not merely as between one county and another but even between one locality and another—it would be extremely difficult, if not impracticable, to compile, with any prospect of accuracy, statistics based solely on the definition "good quality agricultural land".

Briefly, the statistical arrangements regarding the purchase of land—irrespective of its quality—by non-nationals are as follows:—

Particulars of transactions which, during the period from 1st August, 1961 to 9th March, 1965, either attracted or were exempted from the 25 per cent rate of stamp duty have been recorded by the Land Commission in accordance with the procedure authorised by the provisions of the Finance Act, 1961; since 9th March, 1965, however, the vesting of interests in non-urban land in non-nationals— either as individuals or through the medium of companies—is under the direct control of the Land Commission pursuant to section 45, Land Act, 1965, and records relating to applications for Land Commission consent under the section are kept by them. Relevant statistics for the periods (a) from 1st August, 1961 to 9th March, 1965 and (b) from 9th March, 1965 to 30th September, 1969 are contained in a tabular statement which I propose, with your permission, a Cheann Comhairle, to circulate with the Official Report.

The restrictions imposed by section 45 Land Act, 1965, are stringently enforced by the Land Commission. While each application is considered on its merits, the position, generally speaking, is that Land Commission consent to the sale of farm land to persons—principally non-nationals— who are not qualified persons as defined in the section is unlikely to be forthcoming save in very exceptional circumstances. In general permission is not granted to such persons to purchase land in order to engage in those forms or lines of production commonly practised by our own farmers. I do not, therefore, accept the implication in the final part of the question.

Following is the statement:

A. Particulars of relevant transactions recorded in the Register kept by the Land Commission in accordance with the provisions of the Finance Act, 1961.

25% Stamp Duty paid

Exempted from 25% Stamp Duty—industrial properties

Exempted from 25% Stamp Duty under recommendation of two Lay Commissioners of the Land Commission

Number of transactions

Area (Acres)

Number of transactions

Area (Acres)

Number of transactions

Area (Acres)

399

36,603

462

7,999

191

9,336

The nationality of individual purchasers is not recorded.

B. Particulars of transactions for which Land Commission consent under section 45 (2) (a) Land Act, 1965 was granted from 9/3/65 to 30/9/69 (4½ year period) to the vesting of interests in land in non-nationals as individuals or companies apart from transactions (a) arising solely from mortgage interests or (b) involving areas under 5 acres or (c) merely representing transfers between one non-national (individual or company) and another.

Number of properties

Area (acres)

Nationality of purchasers

Number

363

18,748

British

249

U.S.

49

German

29

Dutch

15

Others

20

Does the Minister really think it is desirable that there should be no accurate record of the amount of agricultural land held by non-nationals in this country? Does he not consider it would be very easy to get an accurate record by addressing a circular to each Garda station and requesting the guards to supply that information to the Land Commission? The guards are very thorough and most exact about the discharge of their duty. I feel it would be a very easy means of compiling a most accurate picture of the amount of land held by non-nationals. Recently, I was astonished to hear from the Land Commission that no such records are kept. Is it not a fact that whatever the Minister may say, whatever I may say or whatever anyone off the street may say, there are no definite and accurate records to vouch or to prove the amount of land held by non-nationals in this country. Is that not true?

The position is that since 1965 there are accurate records of the land acquired by non-nationals.

Acquired since 1965?

Yes, acquired by non-nationals since section 45 of the 1965 Act came into operation and prior to that we have statistics available for the period of the 25 per cent stamp duty exemption.

There are people driving a coach and four through the provisions of the 1965 Act.

Well, if they are I would be very interested to know how.

I can assure the Minister it is being done.

I would be very interested in any information the Deputy would be able to make available to me.

I can call into the Minister's office if he can spare an hour in the next month or so.

I would be very glad to be advised how it can be got around. This allegation has been made not merely by the Deputy but by people outside the House.

Exactly. There are very "smart alecs" on the job.

The Deputy's auctioneering experience would help him there.

If this is so it is something which should be brought out into the open and it should not merely be discussed between the Deputy and myself but should be brought in here and exposed.

The Minister agrees that this is a practice that should be stopped?

I would invite the Deputy to raise a further question in, say, a month's time in connection with this matter because I can assure the House that if I was satisfied that there was a means of circumventing the provisions of the 1965 Act then I would introduce whatever legislation was necessary to deal with it.

The Minister would consider amending legislation?

Yes, I would indeed.

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