HC Deb 09 July 1890 vol 346 cc1242-4

Bill considered in Committee.

(In the Committee.)

Clause 2.

Amendment proposed, in page 1, line 16, after the word "planted," to insert the words "and registered."—(Mr. Macartney).

Question proposed, "That the words 'and registered' be there inserted."

(5.5.) MR. T. M. HEALY (Longford, N.)

I think this is altogether needless. Naturally the Government will take the side of the landlords on this question. Ireland stands badly in need of trees, but the only way of encouraging the planting of them is by the simplification of the procedure under this Act.

*(5.6.) THE ATTORNEY GENERAL FOR IRELAND (Mr. MADDEN,) Dublin University

I am in entire sympathy with the Bill so far as it encourages the planting of trees, and with that view I desire to facilitate the passing of the Bill. I think that the provisions of the law as to registration ought to be embodied in this Bill, but I believe them to be capable of improvement, and if the Amendment is accepted I will submit a simpler and more workable scheme early in the course of next Session.

(5.8.) MR. T. M. HEALY

I think that that is a reasonable suggestion, and I trust that it will be acted upon.

(5.9.) MR. A. O'CONNOR

I think it would be most unreasonable for the Government to call on the tenant to register every tree he plants. If they intend to bring in a Bill next Session dealing with this matter, surely it is scarcely worth while to pass this Bill in its present unsatisfactory form. The hon. Member for Cork who is in charge of this Bill, has over and over again objected to this proposal.

(5.12.) The Committee divided:—Ayes 156; Noes 140.—(Div. List, No. 182.)

Amendment proposed, In page 1, line 20, at end of Clause, to add the words "Provided always, that the provisions as regards the registration of trees contained in the statute passed in the session of the Parliament of Ireland of the twenty-third and twenty-fourth year of the reign of His late Majesty King George the Third, chapter thirty-nine, shall apply to all such trees, woods, fruit trees, and osiers, and that no such tenant shall be entitled to claim or exercise any such right or privilege as aforesaid, unless in reference to such trees, woods, fruit trees, or osiers, as shall have been registered within the time and in the manner mentioned in the said statute."—(Mr. Macartney.)

Question proposed, "That those words be there added."

(5.25.) MR. SEXTON (Belfast, W.)

It appears to mc that it would be a great hardship if the tenants should be deprived of their property in the trees they plant merely because of the statute referred to. Had they been aware of the statute they would most likely have taken means to secure their rights, but there is no doubt that they have created the property, and they ought not to be deprived of it.

*MR. MADDEN

I will briefly state the reason why we think that this registration should be insisted upon. The main object is to afford some evidence that the trees claimed by the tenant as his property were planted by him. A Bill was introduced in 1888 by the hon. and gallant Member for one of the Divisions of Gal way, which I supported, extending the provisions of the former Acts, subject to this requirement as to registration, in order to secure that by some means or other the tenants should record the fact of their having planted trees. The hon. Gentleman is in error in supposing that if this Bill does not pass the tenant may avail himself of the provisions of the older Acts, which apply only to tenants who hold under certain classes of leases. As the hon. Gentleman was not in the House when I answered a question put to me, I will repeat what I said. I said that although I could not agree to exclude from this Bill provisions for registration which are contained in all the Irish Timber Acts, still I quite admitted that the existing provisions of the old Act were obsolete and cumbrous, and I stated to the hon. and learned Gentleman that next Session I proposed to bring in a Bill to simplify the mode of preserving evidence of the fact that the tenant had planted the trees in respect of which he claimed.

COLONEL NOLAN (Galway, N.)

I do not think the Bill will be of very much use if this Amendment is passed. This Registration Act will be passed within a year of planting the trees, and some farmers or capitalists will plant trees as a speculation. No ordinary tenant will get any benefit. What I think you should do, is to give the tenants two or three years in which to register. The great majority of cases are not touched by the remarks of the Attorney General.

It being half after Five of the clock, the Chairman left the Chair to make his Report to the House.

Committee report Progress; to sit again To-morrow.