HC Deb 07 November 1882 vol 274 cc951-3
MR. HEALY

asked the First Lord of the Treasury, Whether his attention has been called to a Report of the proceedings under the Arrears Act before the Land Commission, in the "Freeman's Journal" of 28th October, where— In the case of John Johnson, tenant, General Irwin, landlord, Mr. M'Gough mentioned that half a year's rent was paid on the 3rd May 1882, which, he supposed, the tenant would he entitled to take credit for under the Arrears Act: Mr. Litton said he (Mr. M'Gough) would have to exercise his own discretion in that case, as the matter might be a subject for argument. If he found on investigation that he had lodged too little by taking credit for payment in May, and the investigation took place after the 30th November, the tenant would be left out in the cold. This was another of the shortcomings of the Act: Mr. Vernon said this was a very great danger for the tenants to run. If they should be under the impression that they had satisfied the year's rent, and it should turn out at the investigation to be held after the 30th November that they had not legally done so, they would be out of court altogether; and, whether it is the fact that where the tenant claims he is entitled, in fulfilment of sub-section (a), section 1, to have rent paid in 1881 set to that year, and the landlord maintains that owing to the existence of a hanging gale no rent had at the time of payment become due for 1881, it will depend on the establishment or otherwise of the contention as to the hanging gale, whether sub-section (a), section 1, has been satisfied or not; and therefore, as this is a matter for the Court alone to decide, and appeals will lie first to the Head Commission and then to the Court of Appeal, so that a decision cannot be given before 30th November, he will say if he intends taking any steps so as to enable tenants, where a hanging gale which they dispute has been subsequently established to amend or supplement their payments for 1881 after November 30th?

MR. TREVELYAN

Perhaps the hon. Gentleman will allow me to answer this Question. It is a long Question; but I think it is quite impossible to put the case so clearly as the hon. Member has put it with the omission of a single word. The hon. Gentleman has correctly stated the obligation and difficulties of the tenant with reference to what payment he has to make in respect of the hanging gale. The Irish Government and the Land Commission have been in earnest and constant communication for some time past on this special subject. A good deal has been done, and a good deal will be settled in a day or two in reference to the matter. On Friday I shall be able to tell the hon. Member how it is proposed to meet the emergency.

LORD RANDOLPH CHURCHILL

May I ask the right hon. Gentleman, is it the practice of the Irish Government, after the Land Commission has given a decision in a particular case, to communicate with the Land Commission as to that decision?

MR. TREVELYAN

This is entirely a matter of administration, and not of a judicial nature. The Government have no exception to take to the judgment of the Commissioners, who are expounding an Act of Parliament; but, in consequence of being obliged to give this judgment, the Commissioners found themselves in the condition which obliged them to apply to the Government for assistance. Besides this, I may tell the noble Lord that the Question involves the salaries of public officials, which can only be granted with the sanction of the Treasury.

MR. HEALY

I shall repeat my Question on Friday.