MOTION FOR LEAVE. FIRST READING. (Hansard, 20 February 1888)

§ MR. T. M. HEALY (Longford, N.)
said, he thought the right hon. Gentleman the Chief Secretary for Ireland should make some statement in connection with this measure. In his opinion, if this was the measure of last year, it would fall entirely short of what was required. He submitted to the hon. and learned Solicitor General for Ireland (Mr. Madden), who, he knew, understood the matter, that some of the Judges might well be employed in settling law points in connection with land cases. They had three and sometimes four Judges sitting on motions; but if a man was going to be tried for his life there was only one Judge. It was easy to state a case in which, under present circumstances, the settlement of a law point was 980 delayed for years. There were four Judges each receiving £3,500 a-year, sitting, as he had said, on motions. He submitted that where they had a great run of land cases the Government ought to divert some of the strength of the Judicial Bench to enable law points to be decided summarily. While he was in favour, to some extent, of some of the reform which he gathered was to be effected by the Bill, he considered there was sufficient judicial work in connection with land cases at the present time—it might only be of a temporary character—to employ the Judges, if the strength of the Bench was properly divided. The Irish Land Commission sat in Dublin only two days a-week, sometimes only two days a fortnight, and then they went off to the counties. At such times there were no means of having law points in land cases decided, because the Commissioners were away in the country. When they had a large judicial staff it might be so arranged that some of the Judges should be employed in deciding preliminary law points. Of course, the Judges knew no more about the value of land than the majority of people, but law points could be referred to them, and thus a Land Court could always be sitting. Under the circumstances, he trusted the Government would be able to see their way to provide some machinery to effect this object. He submitted that some little time should be given for the consideration of the point he had raised.

§ THE CHIEF SECRETARY FOR IRELAND (Mr. A. J. BALFOUR) (Manchester, E.)
said, that any observations from the hon. and learned Gentleman upon legal points well deserved the consideration of the Government, but he was very unwilling to extend unnecessarily the scope of the Bill. The hon. and learned Gentleman complained of a block in the Land Court. He was perfectly aware there had been a delay in the fixing of judicial rents; but he was not aware of any block in respect to the settlement of legal points. If that was so, there was clearly nothing to be gained by extending the legal part of the Land Court. But if the hon. and learned Gentleman would communicate further with him, either by putting down Amendments to the Bill or otherwise, he would be glad.

§ MR. T. M. HEALY
said, his experience was that on Tuesdays and Fridays there were lists of 40 cases, many of which cases were never reached. Undoubtedly there was a block in the Land Court in respect to legal points.