EXPIRING LAWS CONTINUANCE BILL. (No. 376.) (Hansard, 16 August 1889)

§ MR. T. M. HEALY
There is a matter in this Bill on which I propose to offer a few observations, namely, the Land Commission. I think the position of the Land Commissioners is unsatisfactory. I have in the first place to congratulate the Government on the course they have taken with regard to the leaseholders. I suppose it was absolutely necessary that they should deal with their case; at the same time I think that they have acted in this matter rightly. Certainly I have no hesitation whatever in giving them that credit. But, Mr. Speaker, that is only one portion of the Bill. With regard to the Land Commission, I think that for the last two or three years the position must have been most unsatisfactory to the gentlemen concerned, Mr. Wrench, Mr. John George MacCarthy, and Professor Lynch and Mr. Litton. I think it is most unsatisfactory that gentlemen occupying these onerous and weighty positions should be left entirely at the mercy of the Government of the day. Mr. Litton and Mr Wrench were appointed in 1881. Mr. Litton was appointed for seven years, and Mr. Vernon was appointed with him. Mr. Vernon died, and Mr. Wrench got the balance of the seven years. But instead of getting an absolute term, these gentlemen are carried on from year to year, not knowing the moment when the Government may turn them out of office. I am not going to express any opinion either as to Mr. Wrench or Mr. Litton personally, except that gentlemen in the position of Judges, especially Judges 1510 where property is concerned, ought to be in a position of absolute independence. I think it is most unfair to the suitors in this Court that these gentlemen should be placed in the position of not knowing when their appointments come to an end. If that is so with regard to Mr. Litton and Mr. Wrench, how much more is it so with regard to the Commissioners under Lord Ashbourne's Act. Take the case of Mr. Lynch and Mr. MacCarthy. It is most unsatisfactory that they should be placed under the suspicion of being open to the nods and becks and winks of their superiors. I do say that gentlemen in the position of Judges, and exercising functions with regard to the expenditure of millions of money, should be put in a position which would remove them from the level of Cecil Roche and Colonel Turner, and other gentlemen of their notoriety and reputation. Sir, a Bill ought to be introduced putting the Land Commissioners in the position of irremovables, at any rate for several years to come. I say the same with, regard to the Land Purchase Commissioners—even more strongly in regard to them, because the Government have proclaimed, or the right hon. Gentleman the Member for West Birmingham has proclaimed for them, that this position in regard to Ireland is the position of land purchase. If you take the case of the Auditor General of Public Accounts, be is irremovable except on an address from both Houses. I think it is a most undesirable state of affairs that these gentlemen should not be placed in an equally strong position. If the Government were to bring in a Bill I think it would be certain to pass, almost without discussion.

§ THE CHIEF SECRETARY FOR IRELAND (Mr. A. J. BALFOUR, Manchester, E.)
I entirely agree with the substance of the hon. and learned Gentleman's speech. It is extremely unsatisfactory to leave these Judges in what is, after all, a great Appeal Court on a yearly tenure, and I should like to put an end to the present arrangement. I tried to do so last year in a Bill which there was not time to discuss; and I had hoped to bring in another Bill dealing with the matter this year. This, however, has been found impossible; but it is the desire of the Government to carry out next year this scheme.

§ MR. LEA (Londonderry, S.)
It seems rather unusual to take the Second Reading of the Expiring Laws Continuance Bill at this time, and I trust those who have charge of it will give us at least a week's notice before it goes into Committee.