§ "Where any holding is held under a contract of tenancy, empowering the landlord to resume the whole or any part thsreof for the purpose of building or planting, a judicial rent may be fixed in respect thereof, without prejudice to the right of the landlord to resume possession at any time for the bonâ fide purposes aforesaid, 572 upon the terms contained in the said contract of tenancy, or, if no terms are contained therein, upon such terms as a landlord can be authorised to resume a holding, or any part thereof, under Section 5 of the Land Law (Ireland) Act, 1881.
§ He explained that the object of the clause was to enable a certain number of bonâ fide agricultural tenants to enjoy the benefits of the Land Acts from which they had hitherto been excluded through the action of the Judges. He referred to the case of the tenants in the neighbourhood of Ballycastle, and said he did not think it right that these men should be excluded from the benefits of the Act. He did not think the clause affected the landlords in any way, and he appealed to the Government to accept it as a measure of justice. ["Hear, hear!"] If the Government adopted the course he proposed they would put an end to a great deal of the friction that now went on.
MR. T. M. HEALY
said that he hoped, after what had fallen from the hon. and gallant Gentleman opposite, the Government would accept the Amendment.
§ THE ATTORNEY GENERAL FOR IRELAND
said he should like to have time for the further consideration of the hon. and gallant Gentleman's proposal.
MR. T. M. HEALY
said that he could only repeat his hope that the Government would give way on this point. He referred to a number of other cases besides that of Ballycastle in support of his contention. The clause provided that where any holding was held under a contract of tenancy empowering the landlord to resume the whole or any part thereof for the purpose of building or planting, a judicial rent might be fixed in respect thereof without prejudice to the right of the landlord to resume possession at any time for the bonâ fide purposes named upon the terms contained in the contract of tenancy, or if no terms were contained therein, upon such terms as a landlord could be authorised to resume a holding or any part thereof under the 5th section of the Land Law (Ireland) Act 1881. Seeing that the Government had already accepted an Amendment which was based upon the same principle as the present Amendment, he thought they were rather inconsistent in refusing to accept the latter. The clause prejudiced 573 no landlord, and those it was intended to benefit were Unionist to a man.
§ * MR. SMITH-BARRY
objected to a special clause for such a small number of people, while he was sorry for them.
§ MR. PINKERTON
supported the clause. The hon. and gallant Member was his own representative in the House. He had never asked anything for his constituents before, and he hoped the first time he opened his mouth he would not be refused. [Laughter and "Hear, hear!"]
§ MR. DANE
said he would suggest to the Chief Secretary that he should accept this Amendment, varied by the words "the landlord should be entitled to resume a portion of it upon such terms as may seem just to the Court." This was a hard case. The exclusion of these people was due not so much to the Act of 1881 as to Judge-made law. [Nationalist cheers.]
§ MR. GERALD BALFOUR
was afraid that, without further consideration, he could not accept the clause. It would require careful thinking out. If the clause passed in its present form, and there were no terms contained in the contract, then the landlord would resume upon such terms as he was authorised to resume the holding on under Section 5 of the Landlord Act of 1881.
§ Clause negatived.