§ MR. FLYNN (Cork, N.)To ask the Chief Secretary to the Lord-Lieutenant of Ireland whether the Estates Commissioners have yet taken any steps towards the reinstatement of Mr. Timothy O'Callaghan on the Newman estate, Dromahane, Mallow, County Cork; is he aware that, in consenting, at the landlord's solicitation, to exclude this tenant from the general sale to the tenants, although Mr. O'Callaghan was willing to purchase upon the same terms as his fellow tenants, upon the alleged ground that the landlords would, upon the expiry of the tenant's judicial term, seek to resume possession of the holding, the Commissioners acted ultra vires, inasmuch as this tenant was a judicial tenant, and, as such, entitled to apply to have a fair rent fixed for another statutory term of fifteen years on the expiration of the current term; whether he is aware that these facts were brought under the notice of the Commissioners, whilst purchase negotiations were proceeding, by O'Callaghan's solicitor and by the Member for the division (North Cork), and that, pending the correspondence with the Commissioners and Parliamentary inquiry respecting this man's exclusion from the purchase scheme, rent accrued, for the non-payment of which he was evicted from his holding; and whether, in view of the fact that it is now decided that a judicial tenant cannot now be excluded on the grounds herein set forth, the Commissioners will make a special effort to procure this man's reinstatement.
(Answered by Mr. Birrell.) The Estates Commissioners inform me that they have endeavoured to effect the reinstatement of Mr. O'Callaghan in his former holding, but have not succeeded in doing so. They have, however, informed him that his case will be considered in connection with the distribution of any untenanted land which the Commissioners may acquire in the county. The Commissioners are not aware of any legal decision which would go to show that their action in allowing the sale of the estate to be concluded without the inclusion of O'Callaghan's holding was ultra vires. O'Callaghan was evicted in consequence of his refusing to pay rent after his holding had been omitted from the sale and the 939 advances had been made in respect of the other holdings.