HC Deb 16 September 1909 vol 10 cc2304-6
Mr. FLYNN

asked the right hon. Gentleman, in reference to the sale of tine estate of Sir George Colthurst, Rathcoole, county Cork, whether the Estates Commissioners received an application from the evicted tenant, Mr. Martin Forrest, for reinstatement in his former holding at Rathcoole, and Boulamore, from which he was evicted in August, 1886; if so, what action they have taken, or propose to take, in regard to his case; are the Commissioners aware that this tenant expended money and labour in reclamation and general improvements prior to his eviction; and whether, in view of the circumstances of the case, they will make a special effort to procure his reinstatement in his former holding or, in the alternative, to procure him an equivalent holding in the neighbourhood?

Mr. BIRRELL

The Estates Commissioners inform me that Forrest's former holding is in the occupation of other tenants. His application has been noted for consideration in the allotment of such untenanted land as the Commissioners may acquire.

Mr. J. P. FARRELL

asked the Chief Secretary what decision have the Estates Commissioners arrived at with regard to the application of James Sexton, made in May or June, 1907, as next of kin to James Harte, deceased, to be restored to the lands of Aughnashuinagh, county Longford, from which Harte was evicted in 1885 or 1886; and whether inquiry has been made into the facts of this case?

Mr. BIRRELL

The Estates Commissioners have not received any application from James Sexton for reinstatement in the holding mentioned in the question.

Mr. J. P. FARRELL

asked the Chief Secretary whether his attention has been called to the grabbing of the bog of the tenants of the Sandford Moore estate, county Longford, by one Thomas Bennett, who has moved the court for an interlocutory injunction; and whether the Estates Commissioners propose to take any steps to prevent the grabbing of tenants' turbary rights when engaged in buying their holdings?

Mr. BIRRELL

The question of the turbary on this estate will be inquired into by the Estate Commissioners when the property is being dealt with in order of priority, but they have no power to interfere in any legal proceedings which may have been instituted in reference thereto.

Mr. J. P. FARRELL

asked the Chief Secretary what decision the Estates Commissioners have come to regarding the application of Patrick Heslin, D.C., of Aghaboy, to be restored to the holding from which he was evicted at Aghaboy; and, if the same is not possible, will an equivalent holding be found for him elsewhere?

Mr. BIRRELL

The Estates Commissioners have considered the application made by Heslin, who is at present in occupation of a holding of 22 acres, for rein-statement in a holding of eight acres which has been purchased by the present occupier under the Land Purchase Acts. The Commissioners have decided not to take any action on the application.

Mr. J. P. FARRELL

asked the right hon. Gentleman whether he is aware that, in connection with the sale of Mr. Patrick Rhatighan's estate, at Lisameen, county Longford, a middle landlord, named Mrs. Ebbit, refuses to allow one of his tenants, Mrs. Maria Ross, to purchase at any price; and whether, in this case, Mrs. Ross will be regarded as an under tenant, and allowed to purchase accordingly?

Mr. BIRRELL

The question whether Mrs. Ross should, for the purposes of sale, be declared a tenant of the land held by her as a sub-tenant, will be considered by the Estates Commissioners under Section 15 of the Irish Land Act, 1903, when the estate is being dealt with in order of priority.

Mr. J. P. FARRELL

asked the Chief Secretary whether the Land Commission has any power to inquire into the management of bogs by trustees appointed thereof; and, if so, will an inquiry be made into the management of the Granard estate bogs, and, in particular, into the complaint of Thomas M'Cormack, of Garrowshill, county Longford, who has been deprived of his bog in the Ohill and Ennisbegs bog, to which, by his vesting order, he was entitled?

Mr. BIRRELL

The position of the tenant purchasers on the Granard estate with regard to turbary was very fully explained in the answer given by my right hon. Friend the Attorney-General for Ireland to a question on 26th February, 1906. The Land Commission have no power to intervene as suggested, but any tenant purchaser who is deprived of his rights has his remedy at law.

Mr. KENDAL O'BRIEN

asked the right hon. Gentleman whether he is aware that the name of Mrs. Anne O'Brien, of Golden Hills, county Tipperary, was placed on the list of legally qualified evicted tenants for over two years, same being officially notified to her by Mr. Guiry, Estates Commissioners' inspector; that her name appeared on the list of evicted tenants to whom parcels of land were allotted on the de Montalt estate, county Tipperary, on 14th April, 1907; and that in less than one month from the latter date her name was removed from the list; will he say on what grounds her name was so suddenly removed, the Commissioners refusing to state their reasons or to grant her an interview; and, if they acted within their discretion, is their discretion the Act of Parliament itself, apart from the justice of Mrs. O'Brien's claim?

Mr. BIRRELL

As regards the facts of this case I have nothing to add to my reply to the questions on the same subject asked by the hon. Member on the 9th instant. As I then stated the disposal of parcels of untenanted land and the selection of the persons to whom they are to be given is a matter within the powers of the Estates Commissioners. It would be contrary to the established practice to state the reasons by which they were actuated in the exercise of the discretion vested in them by law.

Mr. FLYNN

asked the Chief Secretary whether he can say when the annual Report of the Estates Commissioners was laid upon the Table of the House; and what is the cause of the delay in its being issued to Members of this House?

Mr. BIRRELL

The Report was laid on the Table on the 2nd inst. It is in the printers' hands, and I understand that it will be issued to Members of the House on Monday next.

Mr. FLYNN

Is the right hon. Gentleman aware that reports have already appeared in the Irish newspapers' on this subject?

Mr. BIRRELL

I am not aware of it, and, if that is so, I greatly regret it, as this kind of thing causes me much personal annoyance.