HC Deb 28 July 1896 vol 43 cc869-70

"The fifth sub-section of Section eight of the Land Law (Ireland) Act, 1881, is hereby repealed."

The clause was, he said, designed to facilitate and expedite the proceedings of the Sub-Commissioners. The subsection had a direct connection with the right of preemption, but the landlord's right of preemption remained after this sub-section was repealed. At the beginning of the statutory term this subsection enabled the landlord to ask the Court to fix the price at which he might buy the tenancy at any time during the term. Rut in the course of 15 years the value of the tenancy must enormously change and vary. The time to fix the price was when the right of preemption was exercised. If the work of the Sub-Commissioners was to be facilitated, some stop must be put to the absurd process of having the selling value of the tenancy fixed without any regard as to whether any person wished to sell or buy it at all.

* SIR J. COLOMB

was inclined to think that the clause would operate against the tenant. If, on the fair-rent application the saleable value was determined by the Land Commission, and if the rent was going to decline, it was obvious that the earlier the period the greater would be the advantage to the tenant, because at the end of 14 years, the rent having declined, the landlord was bound to pay the price fixed by the Court several years previously. He hoped that the Government would not give way on the clause. He was not merely a landlord. He was a middle-man, a present tenant, a future tenant, and a tenant outside the Act. [Laughter.] His interest in the last capacity exceeded all his other interests; and he was voting on this question in the general interests of Ireland. If the Land Commission could fix a fair rent they could fix the saleable value; and he hoped the Government would not give way.

MR. FLYNN

urged that the hon. Gentleman ought to support the Amendment if he were a tenant; because, the knowledge that the holding would never get beyond the specified value was a bar to improvement by the tenant.

MR. T. M. HEALY

said that Judge O'Hagan, speaking on 3rd May 1883, used these words:— With all respect to the Legislature, to put upon an unfortunate Commissioner the task of estimating the value of Land in places where laud has not been in the habit of being set up to be sold, and where no experience can he brought to bear upon it, was one of the most absurd tasks ever put upon man. Outside Ulster there was no means of determining what the tenant-right was before 1881. It was to be hoped that the Government would accept the Amendment.

MR. GERALD BALFOITR

said that he had always entirely failed to understand what earthly good the landlord derived from the fixing of a specified value. The Government would be prepared to accept the Amendment.

Amendment agreed to; Clause, as amended, added to the Bill.

MR. ELYNN moved the following new clause:—