§ Mr. MAURICE HEALYasked the Chief Secretary for Ireland whether his attention has been called to the recent decisions in Domville's estate (44 I. L. T. R., 169) and Athlumney's estate (44 I. L. T. R., 261), the effect of which is that where the Land Commission refuse to advance the purchase money applied for by an agreement lodged under the Act of 1903, and a new agreement is lodged by the direction of the Land Commission, Section 12 of the Act of 1909 does not apply, and the new agreement can only be carried out as a future agreement under the Act of 1909; and whether he proposes to introduce legislation to amend this defect in Section 12?
§ The CHIEF SECRETARY for IRELAND (Mr. Birrell)My attention has been called to the cases mentioned by the hon. Member. I do not think the decisions are to the effect conveyed by the hon. Member's question. As I understand them, the decisions plainly indicate that the new agreements referred to are not agreements entered into by the direction of the Land Commission within the meaning of Section 12 (1) of the Irish Land Act, 1909. I admit the matter involved is one of importance, and I will give it further consideration.
§ Mr. MAURICE HEALYasked the Chief Secretary whether his attention had been called to the decisions excluding from the benefit of Section 65, the future-tenant section, of the Irish Land Act of 1909 the assignees of reinstated tenants, even where such assignees were the sons or other relatives of the tenant succeeding to the holding not by purchase but by family arrangement; whether he is aware that the then Attorney-General stated when the section was being discussed that such assignees would not be excluded; and whether he proposes to introduce legislation to cure this defect in the section?
§ Mr. BIRRELLI have been engaged in trying to discover any decision to the effect indicated in the question, but have not been able to find one, and if the hon. Member would kindly refer me to any such case I should be glad to have the matter further investigated.
§ Mr. O'DOWDasked the Chief Secretary whether any application has been made to the Estates Commissioners or the Congested Districts Boards by Mrs. Howley, of Tubbercurry, county Sligo, with the 1220 view of either of these bodies purchasing the large non-residential grazing farm occupied by her in the townland of Carnalick, on the Mossman estate, situate in the neighbourhood of Cloonacool, rural district of Tubbercurry, county Sligo; and, if so, whether any action has been taken; can he give the name of the head landlord or present owner of this estate; and whether he has been approached in connection with this matter?
§ Mr. BIRRELLNo application of the nature referred to in the question has been received by either the Estates Commissioners or the Congested Districts Board, but an agreement signed by Belinda Howley to purchase her holding on the estate referred to under the Irish Land Act, 1903, has been lodged with the Estates Commissioners and will be dealt with in order of priority.
§ Mr. BOLANDasked the Chief Secretary whether he is aware that the Congested Districts Board has been requested to negotiate for the purchase of the O'Connell estate, at Caherdaniel, county Kerry; and can he state what action has been taken in the matter?
§ Mr. BIRRELLAgreements for the direct sale of the estate referred to were lodged with the Estates Commissioners in April, 1910. The rentals, maps, and other documents lodged with the Estates Commissioners have been sent to the Congested Districts Board for their ruling as to whether they will give consent to a direct sale. The estate will be inspected at an early date and the Board's decision given.
§ Mr. BOLANDasked the Chief Secretary if he can state what action, if any, has been taken by the Congested Districts Board to bring about a sale of the Knight of Kerry's estate, in Valentia Island, county Kerry; and in what position the negotiations now stand?
§ Mr. BIRRELLNo negotiations have been entered into for the purchase of the estate referred to. The Congested Districts Board communicated with the agent, expressing their willingness to negotiate for the purchase of the estate, and requesting to be furnished with a rental and maps, but the documents asked for have not been furnished.
§ Mr. BOLANDasked the Chief Secretary whether the Congested Districts Board has lately communicated with the agent of the M'Gillicuddy Eager estate at Glen- 1221 car, county Kerry, with a view to its purchase; and whether any, and, if so, what steps have been taken to secure the reinstatement of the evicted tenants on that estate?
§ Mr. BIRRELLThe answer to the first part of the question is in the negative. The Estates Commissioners have received applications from eight persons seeking reinstatement as evicted tenants on the estate referred to. In six cases the applications were not received within the period mentioned in the Evicted Tenants Act, 1907, and cannot therefore be dealt with under that Act. In one case the lands are now occupied by the evicted tenant's sister and the Commissioners have decided to take no action. The remaining application has been noted for consideration in the allotment of any suitable untenanted land which may be acquired.
§ Mr. BOLANDasked the Chief Secretary whether, in view of the repeated efforts by the tenants on the Trinity College estate in and around Caherciveen to complete purchase negotiations, and of the requests made by them to the Congested Districts Board to bring about a sale, he will state what reply has been given by the Trinity College authorities?
§ Mr. BIRRELLThe Trinity College authorities have recently informed the Congested Districts Board that they are willing to negotiate for the sale of the estate referred to, and that the necessary documents will be lodged as soon as possible.
§ Mr. GINNELLasked the Chief Secretary if he will say, when the Estates Commissioners refuse to advance to a vendor in respect of certain holdings the sums mentioned in the agreements, but offer to advance smaller sums, and the tenants are willing to buy at those smaller sums and to pay interest on the larger sums pending completion, as on Colonel James Smyth's estate, Westmeath, whether the Commissioners allow the vendor to withdraw those holdings from the sale and proceed to seizure and eviction or to force the tenants to buy at prices found to be excessive, or whether they exercise their statutory powers to induce the vendor to sell at the ascertained value; and whether they will do this in the case mentioned?
§ Mr. BIRRELLIn the case of certain holdings on the estate referred to the Estates Commissioners have informed the owner of the sums they are prepared to 1222 advance. At this stage of the proceedings they are not prepared to state what action they will take should the owner not be prepared to sell at these prices.
§ Mr. GINNELLWhat action will be taken in case the owner carries out his threat?
§ Mr. BIRRELLI think I cannot interfere with that matter. The thing will be considered when it arises.
§ Mr. O'DOWDasked the Chief Secretary whether agreements for the purchase of their holdings were, in October, 1908, entered into by the tenantry on the F. H. Knowles and George Keogh estates, situate-in the parish of Geevagh, county Sligo, record No. 8040; if so, whether these estates have yet been vested in the Estates Commissioners; if not, can he state when they will be taken over by that body; and whether, when vested, the waste lands on these two congested estates will be purchased for the enlargement of uneconomic holdings?
§ Mr. BIRRELLThe reply to the first paragraph of the question is in the affirmative. The estates referred to are being sold direct by the owners to the tenants, and the Estates Commissioners are not at present in a position to say when the estates will be dealt with. There are forty-two acres of bog on the Knowle's estate which the owner desires to be vested in trustees for the use of the tenants, and eleven acres to be vested directly in some of the tenants. The owner of the Keogh estate has included 382 acres of untenanted land which he proposes to sell to the Commissioners, and they will consider the desirability of acquiring this land when the estate is reached in order of priority.
§ Mr. FRANCIS MEEHANasked the Chief Secretary whether he is aware that the tenants on the estate of the late Alice Conway, Mullies, county Leitrim, petitioned the Congested Districts Board to purchase the estate; and whether, having regard to the fact that there is a tract of waste bog and mountain grazing land on this estate from which tenants have been evicted, and that the tenants are being sued for all arrears and their cattle being sold, the Board will take the necessary steps to purchase the property and relieve the congestion in the district?
§ Mr. BIRRELLThe Congested Districts Board have received memorials regarding 1223 the estate referred to, which is for sale in the Land Judge's Court, and they are at present making inquiries in the matter. On receipt of the necessary particulars of the property, the Board will consider whether it is an estate which they would be willing to purchase.