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Dáil Éireann díospóireacht -
Thursday, 25 Oct 1973

Vol. 268 No. 5

Committee on Finance. - Vote 34: Lands (Resumed).

Debate resumed on the following motion:
That a sum not exceeding £5,627,000 be granted to defray the charge which will come in course of payment during the year ending on the 31st day of March, 1974, for the salaries and expenses of the Offices of the Minister for Lands and of the Irish Land Commission.
—(Minister for Lands).

Cavan): Before reporting progress on Thursday last I had dealt with a number of matters raised in the debate. I had dealt with points raised about speculators, the control of land sales, the delay in the allotment of lands in the possession of the Land Commission, the problem of paying for lands in cash rather than in land bonds and the order I had made to include Cavan and Monaghan in the congested districts, thereby giving them the benefit of half annuities. I was in the course of dealing with the problem of commonage, a problem which arises in many parts of the country.

Since the increase in land values and increased profitability from agricultural activities commonage has become a very important matter. We have two kinds of commonage, lowland commonage and mountain commonage. There is a request for the division of commonages and their allocation to those entitled to graze them. When there is agreement between the commoners there is no problem and the Land Commission will carry out the wishes of those involved, arrange for fencing and generally implement a scheme acceptable to the owners. It will be the continuing policy of my Department to pursue as energetically as possible the division of commonages. Now, when there is a commonage some of the owners of which want divided and others want things to go on as they are, the problem is a very different one because it then becomes a human problem and, unless there is agreement, it is very difficult to do a job that will not result in bad feeling and possibly litigation as soon as the Land Commission have pulled out.

Where it is in the interest of better agricultural productivity to divide a commonage everything should be done by my Department and by those concerned to have it divided. I should like to appeal to the owners of commonages to be reasonable with each other, to listen to the advice given by the advisory services and to come forward with an agreed scheme to the Land Commission. If that is asking too much, they should at least come to the Land Commission in a frame of mind in which they are prepared to fall in with advice and suggestions and accept the arbitration of the Land Commission. If they do that, I can assure them they will get every assistance and co-operation from my Department.

I should like to appeal to voluntary organisations, to the farming organisations, the county committees of agriculture and the advisory services in general to try to create an atmosphere among the owners of commonages that will lead to a reasonable approach to this matter which is a problem at the moment. Candidly, I do not believe it is possible for the Land Commission through the compulsory powers which they have to go in and divide a commonage against the will of some of the owners and hope that things will go smoothly afterwards. I regret to say this is not possible and I think this view is shared by all reasonable Members of this House.

I would make a further appeal to the owners of grazing on commonage and to the voluntary organisations, to the county committees of agriculture and the advisory services in general, and would direct their attention towards this problem with a view to solving it. On the last occasion I visited Erris, County Mayo, I had an opportunity of seeing some of the representatives of the advisory services there. I am satisfied they are doing all they can to bring about the climate I hope for and I am glad that this is happening throughout the country. It will take time but, with the goodwill of all concerned and with a response to the appeal I am making now, I hope we will be able to solve the problem.

A number of Deputies, including Deputies Finn, Calleary and Gallagher, raised the matter of vacant houses on lands taken over by the Land Commission. I know this is a problem but generally I do not think there is unreasonable delay. We are conscious of the necessity for disposing of houses as quickly as possible, of getting people who want them into occupation. In some cases the disposal of the house is necessarily tied up with the division of land. The house might be included in an allotment by way of enlargement or re-arrangement. In such cases the disposal of the house must await the preparation and approval of the scheme for the division of the land and that may not be possible for two or three years. However, when there is a very needy applicant in the locality, it is Land Commission policy to try to allow him into occupation of the house even in advance of the final scheme being drawn up. If there is no such smallholder in the locality, the policy of the Land Commission is to sell the house by public auction.

There is a problem when the question of migration arises because a house must be found for the migrant when he takes up his new residence and the Land Commission cannot sell the other house, if it is to be sold by public auction, until the title has been perfected. Sometimes that takes a considerable time. I understand that in County Mayo the practice has been to offer the county council in the first instance the houses which are to be sold. That may have led to some delays in that county because I am advised that in many cases the county council eventually decided not to buy the houses. It appears reasonable to offer these houses to the housing authority so that they might be able to give them to people in need but I have noted the points made in regard to the delays in allocating the houses or putting them to use. I accept that houses deteriorate if they are left uninhabited for a considerable time and officers of my Department and I will do all we can to expedite allocation of the houses.

It would not be a debate on the Estimate for the Department of Lands if the matter of the one-mile limit was not raised. As Deputies know, for many years it has been Land Commission policy in the first instance to consider applicants for land who are resident within approximately one mile of the holding being divided. This matter was debated on a few occasions in the House in the not-too-distant past on a Private Member's motion and in reply to questions. As a general principle, everyone will agree that a farm can be more conveniently and effectively managed if it is together. If a farmer can walk from one field to another without going out on the public road, if he can drive his stock from one field to another without having to use the roadway, that is accepted as the ideal situation. It follows from that, that when this ideal situation cannot be attained the next best thing is to try to get land which is being allotted as near as possible to the parent holding. The distance of one mile has been taken as being reasonable. It is not a statutory condition; it is simply policy laid down by the Land Commission as being reasonable and practical. I suppose applicants who live within a mile of a holding approve of it, while those outside the limit think the distance should be extended. Generally it works well enough and is the best way of selecting allottees. Where the Land Commission acquire a large holding and there are no suitable allottees within the policy mile, the practice is to migrate some suitable applicants either from a distance or from the same locality. I shall be dealing with that later on. The long term migrants are getting fewer and fewer over the past five years. They are not too keen on moving, and, indeed, it is considered that it is probably better policy to migrate people from the same general locality.

As I say, I have yet to be convinced that it would be a good thing to select candidates from two or three miles, or five miles, as has been suggested. The argument has been made that farmers are more mobile now that they have tractors and motor cars. That is an argument in favour of extending the mile; it could also be an argument against it, because, with heavier traffic on the roads, it is not desirable that the roads should be cluttered up with farm machinery or stock moving from one part of a farm to another. I think experience not alone in this country but throughout the world shows that it is undesirable to create fragmented holdings, that it is desirable to have as closely knit a unit as possible. While it does not seem to be wise to depart from that policy, it is not a statutory condition and in exceptional cases it can be breached.

The argument has been made, too, in favour of landless men, and this is an argument with which I have considerable sympathy and can understand. At the same time, the general business of the Land Commission is to create economic holdings, to bring the small farmer who is working on an uneconomic holding up to a viable standard. In the years immediately ahead the definition of a viable farm may change and change drastically. In years gone by, with the traditional type of farming, cropping, milk or beef, a sizeable farm was necessary. If we were to continue in that type of farming a sizeable farm would still be necessary. However, with modern techniques and modern approaches to farming, you have intensive farming here and there, intensive pig rearing, intensive poultry rearing, and even intensive cattle rearing. That means another look may have to be taken at what is a viable farm and the acreage acquired. We all know that it is not so much how many acres a man farms that counts as the amount of money that his activities bring him in. The test should be that a man is given a sufficient amount of land to enable him to make a decent living when compared with other sections of the community. The statistics show that there are between 60,000 and 80,000 farmers on sub-standard holdings which require restructuring and enlargement under the land settlement programme. These uneconomic holders have a fundamental priority in regard to allotment of land.

That is just the problem, that there is not enough land at the present time to cater for the needs of the uneconomic farmer without bringing thousands of other applicants into the group. The question is whether the scheme we have prepared under EEC Directive 160 will improve that; whether in the years ahead there will be leasing of land which may make land available for people who have served their time to agriculture and who are skilled and qualified to use it, is something that will have to be considered.

As things stand at the moment and under conditions which have prevailed for many years and, indeed, which prevail at the present time, it would be bad policy to introduce thousands and thousands of new applicants into an already overcrowded pool of applicants. That is as clear as I can put it. I do not mean to say that, due to conditions which may arise as a result of our going into Europe, as a result of people leaving farming, there may not be land for well-qualified and well-trained applicants, However, anyone who is prepared to anticipate what is going to happen as a result of our entry into Europe, what is going to happen as a result of the schemes under Directives 159, 160 and 161, is indulging purely in guesswork. We shall have to see to it that the three schemes are as effective and as generous as possible and hope they will bring about the desired result, at the same time as we hope the industrial arm of the economy will develop hand in hand a more viable and profitable agricultural programme.

The question of letting land acquired by the Land Commission pending its distribution has been raised, and complaints have been made, not alone during this debate but frequently in this House over the last couple of years, that outsiders are grabbing up land that is offered for letting to the exclusion of small men in the locality who might eventutlly hope to be allotted land. I concede that should be avoided if at all possible. Smallholders in the locality within a reasonable distance, or even within a few miles, should have first claim on the land which is being let. This is not an easy problem to solve. As I said previously, the ideal way of selling anything if one wants to be fair to everybody is to sell it by public auction. I agree in regard to what we are talking about now that that might lead to the survival of the wealthiest. On the other hand, the weak must be protected and we may have to look around for the best way of letting land to the needy. Were we to leave the letting of land to the local Land Commission inspector and authorise him to let it by private treaty I would not like to be in his position. He would be open to pressures of one sort or another and to allegations that he discriminated against certain people. There would be allegations of the abuse of political power as there have been in connection with these matters in the past.

A third way suggests itself to me. It is that the land might be let by sealed tender of those within a specified distance of the holding and who could be regarded as smallholders. The difficulties which this seemingly simple matter presents are huge. Let us consider public auction. A condition could be written into the conditions of sale that farmers from outside a three-mile limit would not be considered. There is nothing to prevent somebody getting an agent to bid for him. The auctioneer could knock down the land and let it to the agent. It is very difficult to prove whether the local man is really the tenant or whether he is a caretaker for a wealthy man living a considerable distance away. That can happen in any case of letting whether by public auction, private treaty, or sealed tender. This matter has been raised here on a number of occasions by way of Parliamentary Question. It has been discussed in the course of debate also. There has been a Parliamentary Question on this matter since the Dáil reassembled. The matter has been seriously considered in the Land Commission with a view to seeing if the problem can be solved.

Would the Minister consider an alternative? These lands which are usually taken over by the Land Commission may have been let for a number of years and the problems which the Minister envisages would not arise. Local men have been taking land on conacre. Why not let the land to them at the prevailing market price of the previous year?

(Cavan): I accept the principle that preference should be given to needy local people at a reasonable letting figure.

These locals have been in the habit of taking land on a conacre system.

(Cavan): I speak from considerable experience. Nobody in the House would suggest that a local man should get a letting for next to nothing. I assume that Deputy Cunningham is not suggesting that.

I mentioned prevailing market prices.

(Cavan): There used be a man known as a “vested tenant”. I am not using a legal term but I mean a tenant who has taken a field or a number of fields over the years, perhaps from the owner, even before the Land Commission took over. Such a man comes to regard the land as his own. He expects to get it and if anyone bids against him he is annoyed and offended.

We must devise a scheme whereby land would be offered to needy local applicants at a fair market value. I will work towards that aim. I will urge the Land Commission to devise a scheme on those lines.

Deputy S. Flanagan dealt with the need to get more powers to deal with speculators. I have dealt with that point before. The Deputy also suggested that the Examiner's Branch should be abolished and that we should pay for small properties in cash. He also suggested that the title to land should be cleared in a simple way. I accept the principle that we should pay for land in cash to the greatest extent possible. That is our aim. It was the aim of Deputy S. Flanagan when he was Minister for Lands. I hope that policy will continue and the fact that we are introducing a scheme under Directive 160 will help us in that regard. We are obliged by statute to pay with land bonds for lands acquired in a compulsory manner.

Deputy S. Flanagan also stated that he hoped I would not fall for a proposal that the Land Commission should no longer purchase or acquire small holdings. These areas could be vital in local rearrangements. That proposition put forward by the Deputy is neither all black nor all white. Every case must stand on its merits. I hope that it will not be necessary for the Land Commission to acquire small holdings of ten or 15 acres if there is some suitable applicant in the vicinity who is a congest and who is a qualified applicant in every other way—a married man with a few children and a small farm of land which is overstocked. If such a man wants to buy a farm in his immediate vicinity, whether a section 40 notice has been fixed or not, he should be let buy it. He is solving his own congestion problem, he is relieving the Land Commission of doing the job for him, he is doing work which will enable the Land Commission officials to get after bigger fish. That does not mean that there would never be a case or that there would not be plenty of cases where the Land Commission should in the interest of rearrangement acquire a small holding. The point I am trying to drive home is that if one small farmer is prepared to solve his own congestion problem, with the assistance, perhaps, of the Agricultural Credit Corporation, who in my opinion have been doing a good job in recent years, he should be allowed to solve it. That is my idea of policy in regard to that suggestion by Deputy S. Flanagan.

Deputy Flanagan also asked me to see to it that duplication of effort between the Department of Agriculture and Fisheries and the Land Commission officials operating the farm modernisation scheme should be eliminated. I hope, and I am convinced, that there will be no duplication of effort between the two Departments. There should not be. If there were, it would be a waste of time and a waste of public money. I concede that it is the duty of myself, as Minister for Lands, and of the Minister for Agriculture and Fisheries, to see to it that there will be no duplication, that the two Departments will work in close co-operation to see that the schemes under Directives 159 and 160 bring the best possible results.

These are new schemes. They will have teething troubles. When the free school transport scheme was introduced a few years ago it had teething troubles; it had to have. It could not go into gear at a very smooth level all at once. I accept that there should be no waste of official time or public money resulting from a duplication of effort between the Department of Lands and the Department of Agriculture and Fisheries in regard to Directive 160 and that is really the only directive under which there could be duplication.

Would the Minister tell the House the secret? He has not done so so far. What is Directive 160?

(Cavan): I will come to that when I am dealing with the Deputy's remarks later on. It would be a waste of public money if there were duplication.

In what respect?

(Cavan): In regard to these directives.

We will hear the Minister out without interruption. If there are relevant questions at the end of the Minister's speech, the Chair will use discretion in the matter.

I want to make the Minister's speech understandable.

I have asked that the Minister be heard without interruption. The Chair expects to be obeyed in the matter. The Chair has made a specific request and he has been good enough to say that relevant questions will be heard when the Minister concludes.

What does duplication in respect of Directive 160 mean?

The Deputy has already asked that question and the Minister has indicated that he will refer to it later.

(Cavan): Deputy S. Flanagan, who was then spokesman on Lands for the Deputy's Party, raised this question and advised that there should be no duplication. I am in the unenviable position of having to deal with two Fianna Fáil spokesmen on Lands. It must be a unique situation.

How did you manage when you had nearly one?

(Cavan): I am afraid, judging by Deputy Cunningham's other remarks, that he does not appreciate who is responsible for the various directives. As I see it, I am responsible, as Minister for Lands, for the scheme to be drawn up, which has been drawn up, under Directive 160 and the Minister for Agriculture and Fisheries is responsible for the schemes under Directives 159 and 161. As I see it at this stage the Department of Agriculture and Fisheries will say that farmer A is a development farmer and that they believe it will be necessary to get for him 20 acres of land. It will be the duty of the Department of Lands to provide that land for him and it will not be the duty of the Department of Lands, as I see it, to question the decision of the Department of Agriculture and Fisheries as to whether he wants 20 acres of land or whether he does not because they are the experts in that field, they are the people who are drawing up the modernisation scheme, who are advising on it. They are the people who will be checking to see whether the targets are being raised or not. A mystery and a myth are being made out of this just for the sake of making it. Maybe I am over-simplifying the position but that is as I see it.

The duty of the Minister for Lands as the Minister responsible to the Government for the scheme under Directive 160 is to introduce and put through the Government and put through Brussels a scheme that will be attractive enough to encourage sufficient land to come into the pool to meet the requirements of the scheme under Directive 159. Having drawn up such a scheme, it will be the duty of the Minister for Lands and the Land Commission to organise land offered direct to it under the scheme into the proper channels. It may well be that the Land Commission will have to continue to rely on its compulsory powers if sufficient land does not come into the pool but I believe it will.

Deputy Esmonde raised a point that some people take a letting of lands at excessive prices in order to qualify themselves for an allotment of the land. I explained in reply to a question that if a man is not otherwise qualified the fact that he takes a letting of land on a Land Commission farm will not qualify him for it in the slightest. I would hate to think that anybody would pay too much for land in the hope that by doing so he would qualify for an allotment. If he is not otherwise qualified that will not qualify him.

Some Deputy raised the question of migration and migrants. I dealt with that very briefly. Over the past number of years since 1965 migration from Connacht and Munster to Leinster has dropped considerably. In 1964-65, 42 people migrated from Munster and Connacht to Leinster. In 1965-66, the number of migrants increased to 56. It decreased steadily in each of the succeeding years until in 1972-73 the number was only eight. Other migrations have dropped but not to the same extent. The number of migrants from one part of a Leinster county to another dropped from 72 in 1964-65 to 42 in 1972-73. The overall figure for migration dropped from 114 in 1964-65 to 50 in 1972-73.

The trend is away from migration. I am told that people in the west and in Munster are not as keen on leaving their native surroundings for land in Leinster as they were. I am also told that a better job is probably being done by short distance migration. I have dealt with commonages, the one-mile limit and landless applicants.

A number of Deputies, and Deputy McLaughlin in particular, dealt with the staffing of the Land Commission inspectorate. At the moment the authorised staff of the inspectorate is 174, and 150 are serving. The staffing of the inspectorate is being reviewed at present and, of course, the matter will have to be examined in detail when there is a clearer picture as to the full effect of land settlement activities on our accession to the EEC.

Leases were mentioned and the desirability of leasing land rather than vesting it in applicants as full owners. The whole question of leasing has come to life again in the context of our entry into Europe. It has been high-lighted by Macra na Feirme in their report on farm inheritance. I want again to compliment Macra on producing the report and to congratulate them on the vast amount of work and thought which must have gone into it.

They advocate leases from father to son in an effort to get younger men into control of the management of land at an early date. As Deputies know leasing of farm land is common and has been common in Europe, while in Ireland it is virtually unheard of. It has not been part of our land structure at all and I suppose our history is responsible for that. I suppose that when we had not got fixity of tenure in years gone by people were dispossessed and, with the coming into operation of the Land Acts, everybody who possibly could wanted to become the owner of his own land and disliked very much any sort of temporary letting, or even a lease that might look to be long-term.

Macra na Feirme, leading young agricultural thought in the country, and the EEC directive which provides for leases, may change our approach to this whole problem. This will take time. I believe that organisations like the IFA and Macra na Feirme have a big part to play in formulating a modern approach to agriculture, to land structure, land resettlement and land ownership. It is only by co-operation between voluntary organisations like that, who are seen not to have any axe to grind except the axe in favour of improvements for the people they represent, and the Department of Lands and the Department of Agriculture and Fisheries, with a friendly but a free and frank exchange of views, that we can bring about the change in the agricultural industry which will improve the lot of the farming community. We are moving faster than we think towards that sort of co-operation and that sort of new thinking. The people will have to be educated towards leasing, if leasing is desirable, as I believe it is.

Deputy Enright raised a point in regard to what constitutes a viable or economic holding. He wanted to know what is the size of a viable farm. I dealt with that in my earlier remarks. In a nutshell, the test should be how much land does it take to give a farmer and his family a decent living. That should be the test and I think that will be the test.

Other Deputies raised the EEC retirement scheme which is being formulated under Directive 160. Deputy Cunningham complained that I am not being frank about this. The scheme was drawn up but has not yet been cleared by the Government because it was only presented to them today.

The Deputy knows what the directive contains. It encourages elderly and other farmers to leave farming if they are not happy in that occupation. The incentive is, of course, monetary. The directive lays down that a premium can be paid to any farmer who leaves farming. They will not subvent the premium or bonus. The directive also lays down that the scheme may provide a premium and a pension in the case of farmers over 55 years of age. There is no guideline for the premium or bonus because it will not be subvented or contributed to by EEC funds. If a farmer is over 55 years the scheme may provide a pension or annuity. The amount of the annuity, in terms of our currency, is £420 for a married man and £280 for a single man. The EEC directive sees those annuities or pensions terminating at the age of 65 years, which is the accepted age for the coming into operation of the old age pension in EEC countries.

The scheme which I have drawn up, and which I am satisfied the Government will accept, is much more generous than the minimum terms laid down by the EEC directive, both in regard to the amount of the pension and, more important, in regard to the duration of the pension. I have heard the views of the IFA and Macra na Feirme. When the scheme is cleared and I am at liberty to spell it out in terms of pounds and pence and the dates of commencement and termination of the pension, I hope it will be acceptable to farmers and the farming organisations. Like the modernisation scheme, this scheme will need to be sold. I rely on the assistance of the farming organisations, the Deputies and the mass media to sell the scheme. Unfortunately, the scheme under the 1965 Act—I do not want to get controversial—was not a success because it was not attractive to the people leaving farming. It simply offered to pay a pension based on the value of the farm being sold and the pension was so small that only 38 applicants availed of it.

As I said, this new scheme will need to be sold. The pension, I hope, will not be a static but an adjustable one and will bear some relation to the value of the purchasing power of money from year to year. Much as I would like to spell it out in black and white to Deputy Cunningham and other Members of the House, I simply cannot do it now for the reasons stated.

This scheme was to be introduced by the EEC Commission in April of last year. It turned out that practically none of the countries, even the original Six, were in a position to produce a scheme at that date. The time was then extended to 1st January next. I am glad to be able to tell the House that we are ready with the scheme and as far as we are concerned it will be in operation on the date specified by the Commission. I hope it will be considered attractive and that I will have the co-operation of the House and the other people I spoke of in selling it to the people it is beamed at and in convincing them that under this scheme they can retire from farming activities, if they want to do so, in security. "Security" is the operative word. One thing an Irishman fears is financial insecurity. If we can convince the farmer that under the scheme he has financial security I believe it will be availed of to the advantage of people who are not now getting a decent living from agriculture. It will also be to the advantage of those who wish to remain in agriculture, to modernise their farms and secure for themselves a better standard of living in what is the most pleasant and peaceful way of living in the world, working in agriculture and being assured of a decent living.

A Deputy raised the allotment plan for County Mayo for 1973-74. It would be impossible to give accurate figures for the final allotments for the year ending 31st March, 1974. It is estimated that the total allotment figures for County Mayo should reach 3,000 acres of which roughly 2,000 acres would be regarded as arable.

A Deputy spoke about the abolition of the Land Commission. I do not think anybody ever suggested that in the year 1973 the Land Commission should be abolished. Never were the activities of the commission more necessary than at present when there is such competition for land, while there is such a real danger of the survival of only the wealthiest in that competition. How else can you protect the weak in this race, this competition, for land other than through the instrumentality of the machinery of the Land Commission? Probably Deputy Flanagan and other Deputies who suggested this did not really mean that the Land Commission should be abolished. I think that what they had in mind was that perhaps it should come under the wing of a Minister other than the Minister for Lands. That is a totally different proposition and it is always open to the Taoiseach and the Government to make such arrangements in the distribution of Departments as will effectively carry out the work of the Government. There are no such proposals at the moment, nor do I foresee any such proposals. However, if by the suggestion that the Land Commission should be abolished it is meant that there should be a free-for-all in the race or competition for the acquisition of land I would deplore any such suggestion in the strongest possible terms as being utterly irresponsible. I do not think that any such thing was mentioned but one does hear and read about abolishing the Land Commission. I say that the activities of the Land Commission in securing and protecting the weak or the comparatively poor against the very wealthy are necessary and are more necessary today than ever before.

There was a complaint—I think it was made by Deputy Esmonde— about the four Lay Commissioners who hear appeals against the acquisition of land. The Deputy complained that it was not reasonable that these commissioners should initiate proceedings for the acquisition of land and should then sit as judges on whether or not what they had initiated was correct, so to speak. That is a point of view. But, the commissioners are vested with very considerable powers in relation to the acquisition and distribution of land. Within the stated policy they are the final judges in that respect.

It has also been complained from time to time that the secretary of the Land Commission should not be one of the commissioners. There is an argument for and against there again. Indeed, in regard to any point that may be made there is an argument for and against. Any change in the present position would require legislation. The present system is working reasonably well and I would have to be convinced that there was a case for a change before I would move in that direction.

There are many points that have been raised but I dealt with most of them in my general remarks.

Deputy Power suggested that farms which were adequate some years ago are not now adequate. I think he was making the case for a revision of the concept of 45 acres of good land being a viable farm. In terms of traditional agriculture I would agree with him that there is a big argument for increasing the area in the case of farmers who depend on milk or beef. On the other hand, there could be a farmer with less than 45 acres who would be making a very good living from some other type of agricultural activity. I agree that the whole thing has to be looked at again in the light of modern conditions. Deputy Power thought that £1 million was not enough for the purchase of land in cash. I agree that every Minister for Lands would hope to see the day when land is bought and paid for in cash and nothing else and we will work towards that.

Deputy Power dealt with a case in his constituency about a right of way which was pending for a long time. The Deputy was in communication with me since and I, at least, explained the position to him.

Deputy Bermingham, from the same constituency, complained bitterly about the delay in dividing land. I have dealt with that. I hope I will see before long the day when these delays will be eliminated. Deputy Bermingham also dealt with the policy mile and I have dealt with that.

Deputy Bermingham did make one point, which, indeed, was made by other speakers. Deputy Blaney from Donegal was finding it difficult to understand why 200 acres of land was allowed to be sold in one place and compulsory powers were used to acquire 38 acres not too far away from the 200 acres. One gets that sort of complaint from time to time and I can only tell the Deputies that if any such case is brought to my attention I will have it investigated and will personally consider the file. It is not easy to deal with a case in isolation but that point has been made. I distinctly remember Deputy Blaney making it and Deputy Bermingham also made it. If my attention is drawn to any matters like that I will definitely have them considered.

Deputy O'Leary from Kerry complained about the indiscriminate use of section 40 notices. I know that the use of section 40 notices can be very annoying and frustrating both to people who want to sell land and to people who want to buy land and also to auctioneers. At the same time I believe that if it were not for section 40 the Land Commission would be faced with a fait accompli in a great number of instances and would not be able to do anything. The land would be sold and that would be that. I thoroughly agree that there should be no undue delays in giving a decision where a section 40 notice has been served and I give my general view about a section 40 notice on a small farm where an adjoining or nearby small farmer is prepared to buy it: I believe he should be let buy it.

Deputy O'Leary also argued that the Land Commission should buy land at public auction. This would, of course, be the ideal way to do it, but there could be abuses and there could be difficulties. I believe the Land Commission should pay market value. Indeed, it was a previous Government participated in by Fine Gael and Labour who first introduced legislation making it compulsory for the Land Commission to pay market value. Admittedly they pay in bonds and, if we could get away from bonds, we would have the ideal situation.

I want to say a few words now about the Forestry Branch and the Wild Life Section of my Department. EEC conditions and EEC values have definitely created a major problem for the Forestry Branch and the Wild Life Section. In the not too distant past it was possible for the Forestry Branch to acquire by voluntary effort all the land they wanted. In many cases the land was offered to the Forestry Branch. This land was described as marginal or bad land. There is no such thing at present as either marginal or bad land. Not alone is land not being offered to the Forestry Branch and Wild Life Section but the traffic is the other way. Deputies frequently make representations asking for the release of land the Forestry Branch has bought for planting. This could have a very adverse effect on our planting programme. Deputies frequently make representations to me to use my influence to get the Forestry Branch to release land acquired for planting. If this continues the result will be inevitable: there will be less land for planting and less employment in forestry work.

It is understandable that, because of the price commanded by agricultural products and by land, land that could be made available for forestry is being held back by the owners even for the purpose of rough grazing. That is one side of the canvas. On the other side, we must recognise that Ireland undoubtedly has the kind of climate that trees like. There is plenty of rain, a long growing season and freedom from severe winter weather. This is something on which we should capitalise. We should make it a primary duty to extract from Irish soil every good we can get out of it. Timber is one of the good things and the demand for timber is mounting. Indeed, timber is becoming one of the scarce commodities. Whatever else is surplus in the EEC, timber is not. They are nett importers of timber and they will never be otherwise. By devoting a fair proportion of our marginal land to afforestation we cannot go wrong. That is the commercial side.

Truly a country can be judged on what it does with its own resources. The wealth timber will produce in both the long and short term and the employment it gives will have to be weighed carefully against the demand for land for agricultural purposes. A decision will have to be taken as to whether the price paid for forestry land will have to be increased. I believe it will have to be increased if we are to get the amount of land we want.

The Forestry Branch and the Wild Life Section have on the amenity side become a very, very important part of the Department of Lands. The opening of forest parks to the general public in comparatively recent times has been much appreciated. It should continue to be the policy of the Department, in conjunction with Bord Fáilte, to develop forest parks. There was a time when forest parks were out of bounds to the general public. That was deplorable. The fullest possible use should be made of our forest parks as an amenity. This is more important now than it ever was because there is more leisure time and, I hope, more money available to spend in that leisure time. People should of such healthy and pleasant ameni-be encouraged to avail in their leisure ties as forest parks. It will continue to be the policy of my Department to move in that direction.

Deputy Cunningham posed some questions about the activities of my Department in regard to the EEC. I think I made the position clear to him when dealing with Directive 160. The Deputy asked about the regional and social fund. He also asked what I would do about aids for less favoured farming areas and he wanted to know what was being done about the restructuring of ownership. I think Deputy Cunningham had come straight from a branch meeting, determined, in accordance with general policy, to fire these questions at me without giving due consideration to the question as to whether they were, in fact, matters proper for my attention as Minister for Lands.

I want to put the record straight in case anybody might think that I and my Department were not doing our duty from the point of view of our EEC responsibilities. I want to tell Deputy Cunningham now that there is an EEC section in my Department in the charge of an assistant secretary and that section is fully and totally in touch with EEC activities. It is not my responsibility, as Minister for Lands, to deal with matters relating either to the Regional Fund or the Social Fund. As far as I am aware, proposals relating to land settlement matters would not be appropriate for consideration in relation to these funds. With regard to the proposed directive on aids for less-favoured farming areas, the Deputy will be aware that this is a matter for the Minister for Agriculture and Fisheries.

The main proposals in the draft directive relates to headage grants for farmers in special areas which have still to be defined. The criteria for this definition have not yet been determined. The officials of my Department are in close touch with their opposite numbers in the Department of Agriculture and Fisheries in relation to this and related matters. The Deputy knows that, so far as the Regional Fund is concerned, it is in the very capable hands of the Minister for Foreign Affairs and that the other matters——

And the Government I hope,

(Cavan): Yes, but he is the member of the Government responsible for it.

So is the Minister.

(Cavan): Yes, but the Deputy would not dream of raising with me on this Estimate matters relating to the Department of Social Welfare or the Department of Justice. I am responsible with all the other members of the Government collectively for all the matters but I am not as an individual Minister answerable to the House for things that do not directly concern my Department.

Is not the proposal to pay pensions to farmers a social welfare matter?

(Cavan): It is not a social welfare matter.

It is a social matter.

(Cavan): That may be so, but it is not a social welfare matter. As a member of the Government I accept collective responsibility for each of those matters but, as Minister for Lands, the Deputy can expect me to be answerable to the House only for matters that come directly within the ambit of my Department.

I have said that I think all these matters do, or should, come within the ambit of the Department.

(Cavan): With regard to the Deputy's reference to the restructuring of ownership and tenure being considered by the EEC, I presume he was speaking about EEC directives on structural reform in agriculture. There are two directives involved: first, on the modernisation of farms, which is being dealt with by the Minister for Agriculture and Fisheries and, secondly, on the encouragement to leave farming and the allocation of the surrendered land to the modern farmers. I have dealt with this fully.

The formulation of the scheme to implement the latter directive is a matter for the Land Commission. Everyone knows the scheme is at an advanced stage and that a Government decision on it will be taken any day. After that the scheme under both directives must be submitted for clearance by the EEC Commission. Needless to say, when dealing with matters like these, which extensively affect the agricultural community and which are complementary in effect, there is the closest possible co-operation between the staffs involved in both Departments. Officials from the Departments regularly attend the usual monthly meetings in Brussels of the EEC farming committee on agricultural structures. Further, my officials frequently arrange informal briefing meetings with the EEC officials in the agricultural section. I would add that the meetings have been extremely useful and I should like publicly to thank the EEC personnel for their co-operation and the generous provision of their time. On occasions they have travelled here to meet and discuss with us points of difficulty.

I can appreciate Deputy Cunningham's anxiety to see that everything is being done to avail of the benefits of the EEC and to ensure that our entry into Europe brings us the best possible advantages. I can appreciate the Deputy's anxiety to see that the business of this Department in regard to this matter is being attended to. I am glad to tell him that is the case. He can be assured that the farming community will have the best service possible in order to secure for them the maximum that can be obtained from our entry into Europe.

In replying to this debate it has struck me that on many occasions I had to say that we must wait and see. In ordinary conditions that might not be regarded as a satisfactory approach but this is not an ordinary time for the Department of Lands or the Department of Agriculture and Fisheries. This is a transition period, brought about by our entry into Europe. For example, the important question raised by Deputy Power regarding the acceptable area of a viable farm could have been answered five years ago without the slightest trouble. That is not so now. We must see the kind of agriculture farmers will specialise in; we must find out how many of them will go in for intensive farming. The whole matter must be considered in the light of all these matters.

The compulsory powers of the Land Commission must be looked at again from the point of view of their necessity. I think there will always be necessity for the compulsory powers of the Land Commission in order to prevent the acquisition of huge tracts of land by a small number of people. There will always be a necessity for those powers in order to protect the weak from the powerful. However, we must consider what effect the EEC directives and schemes will have on acquiring land on a voluntary basis. The question of leasing can be discussed, but we must see if it will take on. The matter of afforestation falls within the ambit of my Department and this also is at a transitional stage. I am not suggesting we should get out of forestry, but we must reconsider the situation. There must be a policy decision; we must decide if there will be emphasis on reclaiming land for agriculture, as some people consider desirable, or if the emphasis should be on continuing to plant the poor and marginal land as a better proposition.

All those problems have been presented to the Department of Lands since we entered Europe. That was the reason I said in my opening remarks that no Minister for Lands ever entered on a term of office at a more challenging time. I realise that, if all these problems can be dealt with, it will lead to an improvement for those who decide to continue to live in rural Ireland. Provided they are enabled to earn a decent living they will be able to enjoy what I believe is one of the most satisfying and happiest ways of life.

Again, I want to thank the Deputies for their constructive remarks during the debate, and I hope I have dealt with all the problems that have been raised either individually or collectively. If I have overlooked any little problem that is worrying any Deputy and if he communicates with me I shall communicate with him and clear up the points raised.

Is the Vote agreed?

No, it is only in the Minister's reply that we have got some small grain of information—

The Deputy may only ask a question.

In view of the lack of information given to us on Government matters and on the Minister's own EEC proposals, I move that the Estimate be referred back.

The Deputy may not move to refer it back now.

I am challenging a vote on it.

I am putting the question, that a sum not exceeding £5,627,000 be granted for Vote 34, Lands.

According to the Standing Orders of the House the division will be adjourned until Tuesday night next at 10.15 p.m.

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