asked the Minister for Agriculture if he proposes to implement any changes in the present regulations on compulsory partition or division of commonages under section 24 (3) of the Land Act, 1939.
32.
Ceisteanna — Questions. Oral Answers. - Commonage Division.
31.
asked the Minister for Agriculture if he will introduce legislation to simplify the division of commonage.
I propose to take Questions Nos. 31 and 32 together. I am at present engaged in a comprehensive review of all aspects of land policy including the problem of commonage division.
As Deputies are no doubt aware, existing legislation provides that where one or more but not all of the owners of a commonage wish to have it divided it is open to them to apply to the Land Commission for compulsory division.
Is the Minister aware that at the present time a great deal of pressure is being put on by farming organisations, the Land Commission and farmers to have marginal land or commonage divided because the extra acreage means a great deal to small farmers? Is the Minister aware that one individual can hold up the whole operation? When does he propose to take active steps to ensure that this situation cannot continue? When a majority of local farmers are in favour of having land divided will he try to introduce the necessary legislation to make it easier for the division?
I sympathise with the Deputy's concern and I share it. It is a more complex problem than it appears at first sight. There is a compulsory division section in our legislation which, to my knowledge, has not been applied for through the Land Commission. There might have been various reasons for this over the years. As the Deputy says, because there is legislation to deal with one or two objectors, I have asked the Land Commission officers to earmark for me commonages that have been held up because of this. The particular legal machinery we have will be fully tried out. If we fail there, new legislation can be introduced to deal with the one or two objectors in the national and local interests.
Could the Minister tell the House when he is likely to have this proposed legislation ready to introduce to the House?
As I said, I have asked the area officers to identify the various commonages which have not been divided because of some reason. The various powers at our disposal will be utilised. It is quite likely that the legislation we have is good enough. I want to have it tried out and after that we will take further steps if they are found necessary.
Could the Minister tell the House the estimated total acreage held in common ownership at the moment, how many applications for subdivision of commonages are at present before his Department or the Land Commission and how many commonages have been successfully divided in the past few years? Would he provide the Deputies on this side of the House with a copy of the procedures his Department follow in trying to divide the commonages so that we can advise those who are anxious to participate in such division?
Those are reasonable questions but they are separate questions and I could not be expected to know the answers when those questions were not down before me. I can tell the Deputy that there are other questions tabled and some of the information will come to light in the replies to those questions. As far as the criteria laid down generally for the division of commonages are concerned, I will communicate with the Deputy.
I would have thought, seeing that those questions relate to the division of commonages, that the Minister's brief would at least have the total acreage held in common ownership. Would the Minister have a look at his supplementary information and he might be able to answer the question?
If all the tenants on a commonage are prepared to have the commonage divided among them would the Minister arrange for an officer of the Land Commission to assist in drawing up the division to facilitate all the tenants who mutually agree to this course of action?
I guarantee the House that every possible assistance will be given by the local Land Commission offices to ensure that so far as possible every acreage of commonage will be divided in the near future.
Did I understand the Minister to say that he would send me the information I requested in my supplementary questions?
Yes.
Would the Minister confirm that the special section in the Land Commission set up by me as Minister for Agriculture to deal with commonages is still in existence?
As the Deputy is no doubt aware, not enough work has been done so far as the division of commonage is concerned. I am doing everything possible to expedite that. Because the land bank we held under the acquisition programme is decreasing there will now be more time to turn our attention to the division of commonages. I hope that between that and the legislation which might be necessary we will get a lot more commonages divided.
Will the Minister of State say if the special unit in the Land Commission which I set up when I was Minister for Agriculture for the division of commonages still exists?
I am not aware of that.
On a point of order, Question No. 52 was tabled to the Taoiseach, but he did not receive same, in connection with recent Government policy on agriculture. I wish to know ——
The Deputy is out of order. He interrupted Deputy MacSharry who wished to ask a question. Has the Deputy a question to put?
I asked the Minister a question and he said he was not aware of what I stated. I am telling him about the situation.
On a point of information ——
There is no such thing as a point of information. Has the Deputy a point of order?
On a point of order, I received a most extraordinary letter from the Ceann Comhairle's office addressed to me in connection with the disallowing of a question to the Minister for Education ——
The Deputy may not raise that matter in the House.
It is suggested the question was not in order because it contained argument. What is Question Time but argument?
The Deputy is out of order. He may not challenge the ruling of the Chair.
I am not challenging the ruling of the Chair. I am asking for information.
The Chair will not discuss that matter with the Deputy in the House. The Deputy can either write to the Chair or come and see the Chair. The Deputy will resume his seat.
I am asking for information.
If the Deputy would refer to Standing Order No. 33 instead of coming into the House and arguing with the Chair in a disorderly fashion, it would be more appropriate.
I am not being disorderly. I wish to know why the question was ruled out of order.
It was ruled out of order under Standing Order No. 33.
On what grounds?
I am not having any further discussion about the matter.
It was ruled out of order on the basis of argument but what is Question Time ——
I will not discuss the matter with the Deputy.
What is my remedy?
The Deputy should consult Standing Orders.
Backbenchers in this House seem to have less and less rights as the life of this Dáil goes on and I object to that.
I am ordering the Deputy to resume his seat.
I will do so under protest.
The remaining questions will appear in tommorrow's Order Paper.