HC Deb 28 July 1909 vol 8 cc1161-2
Mr. GINNELL

asked the Chief Secretary for Ireland if he would say whether the refusal of the Estates Commissioners to reinstate Mrs. Biggs in the farm from which she was evicted, which is vacant on Colonel Smythe's hands, is in the exercise of their discretion or in pursuance of counsel's opinion; and, in the latter case, if he would produce a copy of the case submitted and of counsel's opinion on it?

Mr. BIRRELL

I have already informed the hon. Member, in reply to the question asked by him on 16th June, that the Estates Commissioners, in the exercise of their discretion, decided not to acquire this farm. That decision was based on a full consideration of the case, and not on counsel's opinion.

Mr. GINNELL

asked the Chief Secretary whether he is aware that Colonel Smythe, of Barbavilla, has repeatedly tried to get a new tenant to take the Riggs evicted farm on his estate and is now under an agreement to let it to a new tenant, who will take it as soon as the evicted family has been provided for; and if, in these circumstances, the Estates Commissioners will continue to regard the farm as a home farm to which the Evicted Tenants Act does not apply?

Mr. BIRRELL

The Estates Commissioners have no knowledge of the matters mentioned in the first part of the question. They are not prepared to reconsider their decision that the farm in question cannot be acquired compulsorily under the Evicted Tenants Act.

Mr. GINNELL

Is it in the power of a landlord to defeat the Evicted Tenants Act by calling an evicted farm a home farm?

Mr. BIRRELL

No, Sir.

Mr. GINNELL

It is so in this case.

Mr. BIRRELL

It is not in the power of a landlord to determine whether a portion of a farm is a home farm or not. That is a matter for the Estates Commissioners to consider, having regard to all the circumstances of the case.

Mr. CULLINAN

Did the Estates Commissioners before arriving at this decision give Mrs. Riggs an opportunity of being heard?

Mr. BIRRELL

I do not know; I will inquire.

Mr. J. C. FLYNN

Is the right hon. Gentleman aware that with regard to this question of the evasion of the Act, the Commissioners seem to take the word of the landlord and not of the tenant at all?

Mr. BIRRELL

No, I feel quite sure that is not so.