HC Deb 06 April 1911 vol 23 cc2400-3
Mr. GINNELL

asked the Chief Secretary whether he is aware that the Estates Commissioners pay no attention to allegations of duress under which tenants are forced to sign purchase agreements at exorbitant prices; whether their minutes show that, though the allegation is frequent, it is overruled without inquiry and the exorbitant prices enforced in almost every instance; whether they will make any inquiry into the three cases on the Levenge estate, Westmeath, in which they are aware that duress is being practised at the present time; and whether they will see that the grass farm of Tubberquill on that estate is, under the sale, made available to the small neighbouring tenants who signed purchase agreements subject to this being done?

Mr. MOORE

Before that question is dealt with may I ask whether it will be answered as the matter is sub judice. When we ask similar questions we are told they are in reference to subjects which are sub judice.

Mr. BIRRELL

I do not think my answer will refer to anything which is sub judice. There is no foundation for the allegation in the first paragraph of the question, nor are the Commissioners aware of the duress alleged to be practised on the Levenge estate. The cases of certain tenants on that estate who have not signed purchase agreements are engaging their attention at present. The Estates Commissioners are in communication with the vendor's solicitors as to the lands at present in the occupation of the vendor.

Mr. GINNELL

asked the Chief Secretary whether the Estates Commissioners in administering Land Purchase Acts have any regard to a local want and an exceptional opportunity for satisfying it; if so, whether he will explain how it is that while in some cases of tenanted land suitable for distribution, but not offered for sale, they communicate with both landlord and tenant, get them to sell their respective interests simultaneously, and distribute the land, in the case of nonresidential farms on the Gradwell estate, Westmeath, publicly offered for sale by the tenant, Mr. M'Culloch, the Commissioners refuse to ask the landlord to join in the sale, and the land is about to pass from the neighbouring congested people to a rancher; and, if this is not the policy of the Government, whether he will see that the land is purchased and distributed under the Acts passed for that purpose?

Mr. BIRRELL

The powers of the Estates Commissioners are limited to the purchase of land in fee simple, and they have no power to purchase a tenant's interest nor, having regard to the statutory authority under which they act, can they bid at public auctions such as that referred to. If the owner purchases the tenant's interest in the lands referred to in the question, and offers the lands as untenanted to the Commissioners, they will consider the question of acquiring them for purposes of distribution.

Mr. GINNELL

Is the right hon. Gentleman aware that the Estates Commissioners are at present acquiring from both tenant and landlord land in the same neighbourhood in which this is situated?

Mr. BIRRELL

If they are, they are buying the fee simple from the landlord.

Mr. HAYDEN

asked the Chief Secretary whether he was aware that the Tonlagee Farm, county Roscommon, estate of Mr. John Beirne, Ballinasloe, has been purchased by the Congested Districts Board; that the sale has been pending since 1907; would he state if Mr. Beirne has accepted the offer of the Board; if so, does the Board refuse to take up possession according to agreement; and what is the cause?

Mr. BIRRELL

The Congested Districts Board have been negotiating for the sale of this estate for some time. The owner refused an offer made by the Board, but an offer made on the 5th January last has been accepted, and arrangements are now being made by the Board for taking possession.

Mr. GILHOOLY

asked whether the tenants of Mr. W. H. O'Sullivan, of Bantry, residing at Breenymore, Bantry, have memorialised the Congested Districts Board with a view to the purchase of their holdings, and with what result; whether the tenants of Mr. W. H. O'Sullivan, residing at Rooska, Bantry, have requested the Congested Districts Board to negotiate for the purchase of their holdings; if so, with what result; and, if Mr. O'Sullivan has refused, will the Congested Districts Board put the compulsory clauses of the Purchase Act of 1909 into operation in order to compel Mr. O'Sullivan to sell his interest in the holdings of the tenants referred to?

Mr. BIRRELL

The Congested Districts Board have not received a memorial from the tenants in respect of the lands at Breenymore, county Cork, on the estate of Mr. O'Sullivan, but they have received a memorial from the tenants residing on the lands of Rooska, on the same estate. The owner was written to by the Board with a view to negotiating for a sale, but no reply has been received. The question of putting the compulsory clauses of the Act of 1909 into force in this case hat not been considered by the Board.

Mr. GINNELL

asked in view of the knowledge of the Estates Commissioners that their indifference to duress facilitates its practice, what evidence the Commissioners require before they investigate an allegation of duress; whether a letter from, or on behalf of, the vendor threatening seizure for arrears and contingent eviction unless his terms are accepted would be sufficient when a tenant is presented with the choice of losing his home or signing an agreement to purchase at a price which all parties know the holding cannot repay; which do the Government and the Commissioners prefer he should do; if the former, will he be reinstated and compensated; and, if the latter, will the holding be valued and the price reduced to the value?

Mr. BIRRELL

The Estates Commissioners inform me that when dealing with an estate in order of priority they inquire into any allegation that any tenant had been induced to sign an agreement to purchase his holding by duress or other improper means, and take such action as they consider the circumstances of the case require.

Mr. LUNDON

asked the Chief Secretary for Ireland if he will state why the vesting orders have not been issued on the Ashbrook estate, at Carrigkittle, Kilteely, county Limerick, as the agreements were signed in November, 1905; and, in view of the fact that the tenants on an adjoining estate, who did not purchase until 1906, have received their vesting orders, will steps be taken to have the above sale completed, and thus bring some advantage to the tenants, who have been paying at the rate of 4 per cent. since 1905?

Mr. BIRRELL

The purchase agreements in this estate were lodged with the Estate Commissioners in January, 1906. The estate has not yet been reached in order of priority, but when so reached it will be dealt with as rapidly as possible.

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