HC Deb 13 August 1889 vol 339 cc1218-9

Order for Second Reading read.

Motion made, and Question proposed, "That the Bill be now read a second time."—(Mr. A. J. Balfour.)

MR. T. M. HEALY

I have no objection to raise to the Second Reading provided the Government give the House some assurance as to what their future course with regard to the Bill will be. As the Bill now stands, we cannot accept it. The object of the Bill is to fix fair rent on what may be called the face value of the land; in other words, that the tenants should be deprived of the benefits of their improvements. I think it would be most calamitous to the tenants if the Bill were adopted in its present shape. One way of meeting the difficulty would be to allow every legal Commissioner to take one or two Sub-commissioners more than he now has. But there is another way of getting over the difficulty, and that is that the County Courts should be opened to the tenants. We protested against the County Court Clause in the Bill of 1881 as unfair to the tenants, and in view of our protests the right hon. Gentleman the Member for Mid Lothian withdrew it and substituted the Land Commission. The result is that whenever a tenant goes into the County Court the landlord moves that the case be removed into the Land Commissioners' Court. I think the Government might do much to get rid of the present block in the land cases if they allowed the tenants to go into the County Courts absolutely unless for just cause shown. If the County Courts got into the swing they would greatly relieve the pressure. For instance, there is Mr. Hamilton's Court in County Cork; Mr. Ferguson's, in the West Riding; and Mr. Waters, in Waterford, which would be resorted to. In Tipperary, where Mr. Anderson is the County Court Judge, I think the tenants would be willing to have the cases dealt within the County Court, and I think the tenants would also be willing to go to the County Courts in Meath, Westmeath, and Longford, Leitrim and Cavan, Tyrone, Mayo, and Limerick. In those parts of Ireland with which I am acquainted I am sure the tenants would largely avail themselves of the County Courts if they were opened to them. Again, the present appeal system is very mischievous, for it permits a re-hearing of a whole case, and enables the landlord to spring new and quite unexpected points on the tenant. The landlord ought to be pinned to the precise point with respect to which he wishes to appeal. A Bill dealing with the matters with which this Bill deals is undoubtedly necessary in order that the pressure upon the Land Courts may be relieved; but the measure in its present shape is not, in my opinion, reasonable.

MR. E. HARRINGTON (Kerry, W.)

This is a very important matter on which there should be ample opportunity for discussion, and of the taking of which ample notice should have been given to the Irish Members. I cannot help remembering the attitude of the Government last year on the question, and I shall finish my speech and close the debate by simply uttering the words, "I object."

Objection being taken to Further Proceeding, the Debate stood adjourned.

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