§ Mr. MAURICE HEALYasked the Chief Secretary whether his attention has been called to the recent judgment of Assistant Commissioner Kelly, in the case of M'Carthy v. Lord Ventry, holding that the future Tenant Clause of the Land Act of 1909 excludes the assignee of a future tenant from having a fair rent fixed; whether he is aware that when the Section in question was being considered in Committee in this House, the then Attorney-General for Ireland stated that such a narrow view of its effect could not be reasonably argued before any court; and whether he will introduce legislation to remedy this defect in the Section?
§ Mr. BIRRELLMy attention has been called to the decision referred to. I must not be taken as agreeing that the facts in the case of M'Carthy v. Ventry correspond with those assumed by the late Attorney-General in the course of the discussion indicated by the hon. Member. As, however, the decision in question may be made the subject of an appeal it would not be right to enter into a further discussion of the case without being sure that an appeal will not be taken.
§ Mr. MAURICE HEALYIs there any doubt that the learned Commissioner acted as stated in my question?
§ Mr. BIRRELLI believe the present Attorney-General entertains some doubt on the subject, but until we know whether an appeal will be lodged or not it will be undesirable to say whether legislation will be necessary.