HC Deb 25 May 1927 vol 206 cc2010-3
Mr. WILLIAM ADAMSON

I beg to move, That leave be given to bring in a Bill to amend the Law relating to the resumption of holdings under the Small Landholders (Scotland) Acts, 1886 to 1019. Under the provisions of the Small Landholders (Scotland) Act a considerable measure of security of tenure is conferred upon smallholders, but holdings may be resumed by the owner on certain specified grounds. One of those grounds is that he may desire personally to occupy it, although he can only avail himself of the right of resumption if he possesses no landed estate other than the holding he proposes to occupy. Formerly, this power of resumption was rarely exercised, and it caused very little trouble. But in recent years there has been a number of cases where, owing to the breaking up of estates, small holdings have been sold as separate subjects at prices beyond the reach of the occupying smallholders, and the purchasers, thus becoming owners of a single holding, which is their only landed estate, have then proceeded to exercise their statutory right of resumption for personal occupation, with the result that a considerable number of occupying smallholders in various parts of Scotland have been evicted from their holdings. One of the reports of the Land Court says: This has given rise to a state of anxiety among the smallholders, and has produced a feeling of insecurity. The cases of this kind coming before the Land Court were: in 1919, 17; in 1920, 38; in 1921, 42; and last year, 44. One of the reports of the Land Court further says: The stream of cases still continues. I am informed that in a number of these cases the purchaser's real desire has been to secure a residence, and not to engage in the cultivation of the holding. This has led to holdings, which have been formed by the State at considerable expense, being diverted from the real purpose for which they were created. I am also informed that in a number of these cases the sales have been of a bogus nature, carried through either by a relative of the landowner or some other person in whom he had a special interest. The prices paid for some of these holdings put them entirely beyond the reach of the smallholders concerned, as much as 40 years' purchase having been paid. The right of resumption of a holding for personal occupation by the owner was undoubtedly intended to meet the case where the holding was the old family borne of the owner to which he intended to return. It was certainly never contemplated when this right was reserved in the Smallholdings Act that it would cover the case of smallholdings being sold to individual purchasers who would then be enabled to take advantage of a right of resumption designed to meet circumstances fundamentally different. Various methods of dealing with the situation have been suggested, but the time at my disposal prevents my being able to deal with these. Alter full consideration, my colleagues and I have come to the conclusion that we ought to legislate on the lines laid down in this Bill, to the First Reading of which I am asking the House to agree this afternoon. It is a Bill of only two Clauses. Clause I provides that:

  1. "(1) Notwithstanding the terms of Section two of the Crofters Holdings (Scotland) Act, 1886, the occupation by a landlord for the purposes of personally residing thereon of a holding, being his own landed estate, shall not be deemed to be a reasonable purpose in respect of which the Land Court may authorise resumption by the landlord of the holding.
  2. (2) The words in Section nineteen of the Small Landholders (Scotland) Act, 1911, 'the feuing of land or the occupation by a landlord for the purpose of personally residing thereon of a holding, being his only landed estate or' and the word 'respectively' are hereby repealed, and the reference in Sub-section (15) of Section thirty-two of the said Act to the said Section nineteen shall be construed accordingly."
Clause 2 enacts that: This Act shall be construed as one with the Small Landholders (Scotland) Acts, 1886 to 1919, and may be cited as the Small Landholders (Scotland) Act, 1927, and the said Acts and this Act may be cited together as the Small Landholders (Scotland) Acts, 1886 to 1927.

Mr. MACPHERSON rose

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Mr. SPEAKER

Does the right hon. Gentleman wish to oppose the Bill?

Mr. MACPHERSON

I merely wish to ask a question. I am certainly at a disadvantage here. I could not hear, and most of my colleagues behind me could not hear, what was the nature of the Bill. I wanted to know whether it was the same Bill as my hon. Friend the Member for Orkney and Shetland (Sir R. Hamilton) introduced during the time that the Labour Government were in power and which was blocked by them.

Mr. ADAMSON

With the permission of the House I should like to say that this is not the same Bill as the one introduced by the hon. Member. It is the Bill which I introduced myself in 1924.

Mr. KIRKWOOD

The point is this, Mr. Speaker, the Liberals see that they are being dished.

Question put, and agreed to.

Bill ordered to be brought in by Mr. William Adamson, Mr. Duncan Graham, Mr. Hardie, Mr. James Brown, Mr. Johnston, Mr. Welsh, and Mr. Wright.