TENURE AND IMPROVEMENT OF LAND (IRELAND) BILL.—SECOND READING. (Hansard, 26 July 1860)

§ EARL GRANVILLE
moved the second reading of this Bill, which he thought was calculated to afford facilities for the improvement of landed property in Ireland. Power was given, in cases where the improvement was of a permanent character, to charge the estate with annuities, terminable in twenty-five years, and there were, likewise, clauses providing for cases in which an improving tenant might give notice of his intention to expend money on the lands.

§ LORD MONTEAGLE
thought that more harm than good would be done by precipitate legislation on this subject, and hoped, therefore, that the Government would postpone the next stage of the Bill for some little time.

§ EARL GRANVILLE
said, that the Government were desirous that a Bill on this subject should pass this Session, but at the same time, they wished to give every opportunity for considering the clauses of the present measure, and he had no objection to postpone the Committee until next Thursday.

THE EARL OF DONOUGHMORE
said, he had no desire to obstruct the progress of this measure, there was another Bill relating to this subject in the other House, which he hoped would come up to their Lordships' House in time to be taken into consideration with this Bill. He concurred in the general objects of this Bill, though he had some doubts as to the machinery. He could see no particular value in the provision which required leases to be submitted to the preliminary approval of the Chairmen of Quarter Sessions, and in some cases to the Landed Estates Court. There were also other points with regard to 178 which he should probably feel it necessary to move Amendments when the Bill was in Committee.

THE MARQUESS OF BATH
objected to the third portion of the Bill, but would not oppose the second reading. He doubted very much whether this measure, if it passed, would settle the long-continued controversy of tenant right in Ireland, or put a stop to the agitation on the subject; and so far its effects might be said to be mischievous. Still he did not feel called upon to oppose it.

VISCOUNT DUNGANNON
objected to the Bill that it prevented the Irish landlord from exercising that control over his property to which he was justly entitled. He did not see why the law in Ireland should be different to what it was in England. If the measure were passed it would inflict gross injustice; for if ever there was a proposal fraught with injustice it was this. Although he felt thus strongly upon the subject he would not trouble their Lordships to divide; but upon going into Committee he should give his support to the Amendments indicated by the noble Earl (the Earl of Donoughmore).

THE LORD CHANCELLOR
was sorry to find that there was any difference of opinion amongst their Lordships upon the merits of the Bill, which had received the approval of both sides in the House of Commons, and passed that House almost unanimously. If the noble Viscount who had just spoken had taken the trouble of examining the Bill, he would have seen that it did not commit the injustice of which he complained; for nothing could be done under the Bill without the consent of the landlord, and if the landlord consented, then volenti non fit injuria.

§ THE EARL OF MALMESBURY
thought that the period of notice to be given to the landlord, when improvements were sought to be made at his expense, was not sufficient.

THE EARL OF LUCAN
said, that if this legislation were proper at all the Bill should not be confined to Ireland, but should be extended to the whole United Kingdom.

THE EARL OF MAYO
said, he appealed to English landlords whether they would like to be interfered with by a measure of the sort. As an old landlord, he could take upon himself to say that as a rule tenants did not like leases. He would not move that the Bill be read that day three months, but he trusted that in Committee 179 it would undergo material alteration and improvement.

§ EARL GRANVILLE
said, the simple answer to the question why the Bill was not made applicable to England as well as to Ireland was, that the circumstances of the two countries were entirely different. In England farmhouses and buildings were not erected at the sole expense of the tenant, and in Ireland almost every one agreed that an evil did exist, which did not exist in this country, and which this Bill might remedy. He trusted that the noble Earl would give some notice of the Amendments which he intended to propose. As to referring the Bill to a Select Committee, he did not think that that was at all desirable. Being one of those questions in reference to which popular feeling had been very much excited, it was much better that the discussion should take place in their Lordships' House. In regard to the Bill of a kindred nature which was now passing through the House of Commons, he agreed with the noble Earl in hoping that their Lordships would not adhere too strictly to their Resolution as to Bills coming up from the other House, but would make an exception in its favour.