HC Deb 27 July 1911 vol 28 cc1797-801
Mr. J. P. FARRELL

asked whether any decision has yet been come to by the Estates Commissioners on the report of their inspector, Mr. Ryan, as regards the distribution of bog on the Douglas estate, at Kilnashee, Cloonmacart, and Bann, in county Longford; whether any step has since been taken to push through this sale without reference to the protest and the memorial of forty-nine of the tenants out of the ninety-six on the property; and whether he will take care that the fullest investigation takes place before this sale is sanctioned?

Mr. REDMOND BARRY

I would refer the hon. Member to the reply given to his question on this subject on 13th February last, to which I have nothing to add.

Mr. O'SHAUGHNESSY

asked if the right hon. Gentleman can say what progress the Estates Commissioners are making with the sale of the Mahony estate, situate at Mount Collins, Abbey-feale, in the county of Limerick; and whether it is their intention to include the sub-tenants in the sale?

Mr. REDMOND BARRY

The Estates Commissioners inform me that the inspector has the matter in hand, and the case of the sub-tenants will be considered.

Mr. O'SHAUGHNESSY

asked if the right hon. Gentleman could say why the Estates Commissioners have not reinstated Nicholas Mulvihill in his farm at Asdee, Ballylongford, from which he was evicted fifteen years ago by the landlord, Mr. Creagh Hickie, of Kilelton, for non-payment of rent, but have given the holding to another who had no claim whatever to it; whether they have received Nicholas Mulvihill's statement setting out the full facts of his case; and whether they will now take into their consideration these facts and reinstate him, and accordingly carry out the provisions of the Land Acts dealing with evicted tenants?

Mr. REDMOND BARRY

The Estates Commissioners received an application from Nicholas Mulvihill for reinstatement in a holding on the Creagh Hickie Estate, county Kerry, formerly occupied by him. He was in occupation of a holding for reinstatement in which an application had been received from his nephew, Edmond Mulvihill, and the Commissioners informed Nicholas Mulvihill that they would not take any action on his application unless he agreed to surrender the holding actually occupied by him for the purpose of reinstating Edmond Mulvihill. He refused to do this, and the Commissioners gave his former holding to Edmond Mulvihill, and they can take no action as regards Nicholas Mulvihill's application.

Mr. O'SHAUGHNESSY

On what grounds did the Commissioners give this farm to the nephew, who had no claim whatever to it and from which he had not been evicted?

Mr. REDMOND BARRY

I have already stated that the uncle had one farm, and was asked to surrender the holding occupied by him for the purpose of reinstating the other, but he refused to do this.

Mr. O'SHAUGHNESSY

May I ask, if Nicholas Mulvihill is willing to give up the farm which he is now in occupation of, will the Commissioners get another farm for him?

Mr. REDMOND BARRY

I must ask the hon. Member to give me notice of that question.

Mr. HAYDEN

asked whether the Estates Commissioners inspected the townland of Derrycarbery, on the estate of Mrs. Grace Calhem Pakenham, Mahan, county Roscommon; and, if so, with what result; and what were the contents of the rulings of the Estates Commissioners issued to Messrs. Browne and Maunsell, the vendor's solicitors, on 10th March last; and will the Estates Commissioners, in view of the tenants of the townland of Derrycarbery being unable to agree with the vendor as to the price to be paid for the purchase of their holdings, fix the price of each holding and submit the same to the solicitors for vendor and tenants?

Mr. REDMOND BARRY

The reply to the first paragraph of the question is in the affirmative. The Estates Commissioners have requested the solicitors for the vendor to lodge purchase agreements in the case of the tenants who have not yet agreed to purchase. In the case of the holding not subject to a judicial rent the Commissioners have intimated the sum they are prepared to advance having regard to security. They have not fixed any price in the case of the remaining holdings which are subject, to judicial rents. Under the law such holdings are security for suck prices as fall within the zone limits, and as the estate is being sold direct to the tenants the terms of sale is a matter for arrangement between the parties.

Mr. HAYDEN

asked whether the Estates Commissioners, notwithstanding the want of land for the tenants on the Goodall estate who hold uneconomic holdings, agreed to exclude the Deer Park grazing farm, in the hands of Mr. James Ryan, from the sale, which farm Mr. Ryan took from the vendor in the year 1901, after another occupier who held it on the grazing system surrendered it; have the Estates Commissioners, after inspecting this estate and seeing the need of land to enlarge the tenants' holdings, and seeing that this farm was not offered for sale to them as untenanted land, made an offer to the vendor for the purchase of the remaining portion of this estate, to the detriment of the tenants; have the Estates Commissioners asked Mr. Goodall to offer this farm for sale as untenanted land; and, if so, with what result?

Mr. REDMOND BARRY

The Estates Commissioners' offer to purchase in this matter has been accepted by the owner. It includes some 147 acres to be sold to (he Commissioners as untenanted land for distribution. The Commissioners are not prepared to make any advance to Ryan to purchase his holding. The Commissioners have no power to acquire the lands com- pulsorily, nor can they compel the owner to sell same to them as untenanted land, and it has not been included in the lands which the Commissioners propose to purchase.

Sir JOHN LONSDALE

asked the Chancellor of the Exchequer if he is aware that the representatives of deceased farmers who have signed agreements to purchase their farms under the Land Purchase (Ireland) Acts, but who have not had their farms vested in them by the Estates Commissioners before their death, and who are debarred from receiving the benefits of Sub-section (2) of Section 61 of the Finance (1909–10) Act, 1910, are obliged by the Commissioners of Inland Revenue in Ireland to pay Death Duties on the farms before they can obtain probate or administration instead of being allowed the benefits of Sub-section (3) of Section 61 of the Finance (1909–10) Act, 1910; and will he state what action he proposes to take?

The FINANCIAL SECRETARY to the TREASURY (Mr. Hobhouse)

The amount of the unpaid purchase money can be deducted, as explained in the reply to the previous question, in ascertaining the value chargeable with duty, and it is the practice to treat Sub-section (3) of Section 61 of the Finance (1909–10) Act, 1910, as sanctioning the payment by instalments of Estate Duty (other than the fixed duty) in respect of farms the subject of agreements to purchase under the Land Purchase (Ireland) Acts.

Sir JOHN LONSDALE

asked the Chancellor of the Exchequer whether he is aware that the non-vesting of farms where farmers have signed agreements to purchase their farms under the Land Purchase (Ireland) Acts, thereby depriving their representatives on their death of the benefits of Sub-section (3) of Section 61 of the Finance (1909–10) Act, 1910, is in many cases due to the Irish Land Act of 1909, as well as to the delay in providing funds for the completion of land purchase in Ireland; and, having regard to the fact that the representatives of the deceased farmers who have purchased their holdings are in no way to blame for the non-vesting of the holdings, will he undertake to introduce an Amendment to the present Finance Bill to provide that the benefits of Sub-section (3) of Section 61 of the Finance (1909–10) Act, 1910, shall apply to all land subject to the payment of interest to the Irish Land Commission in lieu of rent?

Mr. HOBHOUSE

It is the practice to treat the Sub-section in question as sanctioning the payment by instalments of Estate Duty (other than the fixed duty) in respect of land which is subject to the payment of interest to the Irish Land Commission in lieu of rent.