HC Deb 27 February 1896 vol 37 cc1234-6
MR. MCCARTAN

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland—(1) whether his attention has been called to a pronouncement of County Court Judge Orr, Q.C., at Land Sessions in Enniskillen, to the effect that he would assume the judicial rent fixed for the first term was the fair rent then, and that under no circumstances would he go behind it as such; (2) whether he is aware that in a very large number of cases, owing to the absence of necessary witnesses or to the omission in certain cases to have particulars of improvements written on back of originating notice or other causes, rent has been, fixed upon the improvements made by the tenant or his predecessor in title; and (3) whether he will embody in his Land Bill a provision to enable the Court to investigate this matter, and to relieve the tenants from the rents which have been charged on improvements towards which the landlord never contributed anything?

Mr. GERALD BALFOUR

My attention has not been drawn to the pronouncement of Judge Orr, to which reference is made, but I have called for a copy of his observations on the occasion. As regards the second paragraph, the point raised is under the consideration of the Government, though I am not in a position to make any detailed statement as to the provisions of the Land Bill.

MR. S. MORRIS (Kilkenny, S.)

I beg to ask the Chief Secretary to the Lord Lieutenant of Ireland, whether his attention has been called to the case of Jones v. Aylword, recently decided in the Irish Courts, in which judgment has been obtained against a tenant for non-title, notwithstanding that he had had a judicial rent fixed, on the ground that the landlord under whom the rent had been fixed was only a tenant for life, and that the tenancy did not bind the remainderman; whether he is aware that in other cases tenants have been actually evicted from their holdings on the same grounds; and, whether the proposed Land Bill will contain any provision redressing this grievance; if so, whether such provision will be retrospective in its operation?

MR. GERALD BALFOUR

The Land Commission have no knowledge or information as to the case referred to in the first paragraph, but I may state that the question raised by the hon. Member is under the consideration of the Government.

MR. FARRELL

asked, whether before the introduction of a Land Bill steps would be taken to protect the large number of tenants affected.

MR. GERALD BALFOUR

I have already said that the matter is under the consideration of the Government, but I am not in a position to make any statement with regard to the provisions of the Land Act.

MR. MORRIS

Will the right hon. Gentleman inquire into the particular case to which I have called attention?

MR. GERALD BALFOUR

Certainly.

MR. MCCARTAN

I wish to ask the right hon. Gentleman, whether, considering the large number of cases of this kind in the North and South of Ireland, he will specially point out the matter to the Land Commission, and see that justice is done?

MR. VESEY KNOX (Londonderry)

Would the right hon. Gentleman ask the Land Commission to postpone those cases until after the passing of the Land Act?

MR. SPEAKER

ruled the Question out of order.