HC Deb 26 July 1909 vol 8 cc851-2
Mr. PATRICK WHITE

asked which provision of section 7 of the Evicted Tenants Act precludes the Estates Commissioners from acquiring compulsorily the farm from which Edward O'Brien, Scurlockstown, county Meath, was evicted, for the purpose of reinstating him; and whether the Estates Commissioners will cause further inquiries to be made, as, in the opinion of people conversant with all the circumstances of the case, his reinstatement in his former farm would not contravene any section of the Act of 1903.

Mr. BIRRELL

Section 7 of the Evicted Tenants Act prohibits the compulsory acquisition of untenanted land which forms part of any demesne, home farm, town park, or pleasure ground, and directs that the Estates Commissioners shall avoid all interference with amenity of residence of the owner of the land which they propose to acquire. The Commissioners, in exercise of the powers conferred on them by the Act, have determined that, having regard to these restrictions, the farm from which Edward O'Brien was evicted cannot be acquired compulsorily. Subject to the right of appeal provided by the Act, their decision is final.

Mr. FLYNN

Is it not the fact that the exceptions mentioned in the answer have been so construed by the Commissioners as to practically wipe out the benefit of the Act?

Mr. JOHN DILLON

In arriving at that decision were the Estates Commissioners coerced by the decisions of the Court of Appeal in Ireland?

Mr. BIRRELL

The Estates Commissioners are obliged to consider the construction put upon this Act by the courts of law in Ireland, and, having regard to those decisions, their liberty of action is very much restricted under section 7. It ia a point of law upon which they have to make up their minds guided by the decision of the courts.

Mr. FLYNN

Is it not a fact that the effect of the interpretation placed upon this section in some quarters has practically been to nullify it?

Mr. BIRRELL

I am rather familiar with interpretations of Acts of Parliament which nullify the intentions of Parliament. That, however, is the fault of Parliament for not making its legislation clear that the courts shall not be able to misconstrue it.