HC Deb 06 May 1912 vol 38 cc182-9W
Mr. FFRENCH

asked if the Rowe estate, South Wexford, is all sold except one farm in the possession of John Cardiff, Gurtinamogue, Murrintown; whether the purchase money has been refused by the Estates Commissioners on the ground that he has sub-tenants; and, seeing that he is willing to make over his interest to his subtenants, Michael Sills, postman, Patrick Sills, blacksmith, and James O'Keeffe, small farmer, will the Commissioners advance the money without further delay to enable the tenant and sub-tenants to purchase their holdings?

Mr. BIRRELL

The reply to the first paragraph of the question is in the affirmative, and to the second paragraph in the negative. The Estates Commissioners are prepared to make an advance to Cardiff to purchase the holding, but delayed doing so to enable the sub-tenants to come to an arrangement with him to purchase for cash the plots in their occupation. The subtenants are apparently unwilling to find the cash, and the entire holding will therefore be vested in Cardiff, and the subtenants will continue liable for rent to him as heretofore.

Mr. LYNCH

asked whether, in regard to the Kinlea farm, West Clare, his attention has been called to the fact that the unrest pending a settlement of this question involves the county in expense to the extent of £900 a year; and, seeing that the acquisition of the property by the Congested Districts Board would solve all the difficulties that have arisen, whether steps will be speedily taken to deal effectively with the matter?

Mr. BIRRELL

This farm is a part of the Vesey Fitzgerald estate, an offer for the purchase of which was issued on 14th October, 1910. Towards the end of 1911 it was seen that the owner of the estate was unable to carry out the proposal, and an amended offer was submitted on 15th February last, which has not yet been accepted. A separate offer has now been made for the lands of Derrybrick, which has not been accepted, and compulsory procedings for their acquisition have been initiated. The police authorities inform me that the charge on the county for the extra police employed in connection with the Kinlea farm is £34 9s. 3d. per annum.

Mr. LYNCH

asked whether, in regard to the Kildeemo farm, near Miltown Malbay, West Clare, he can state if negotiations are in progress for the acquirement of this property by the Congested Districts Board; if not, whether he can state what obstacles lie in the way; and whether, in view of the number of congests who would be benefited by a division of the farm in accordance with the terms of the Land Act of 1909, the attention of the Congested Districts Board will be directed to this portion of the Leconfield estate in order to obtain a speedy settlement?

Mr. BIRRELL

I would refer the hon. Member to the reply given to his question on this subject on the 9th November last, to which I have nothing to add.

Mr. LYNCH

asked the number of estates acquired in West Clare by the Congested Districts Board in virtue of the Land Act of 1909, the areas of the estate, the number of tenants amongst whom the property so acquired has been distributed; the number of estates in respect of which tenants have applied to the Congested Districts Board to use its power to effect sales; the number of estates in regard to which the powers of compulsion have been exercised; and whether, in view of the emigration of landless men from West Clare, the Congested Districts Board will manifest greater activity than hitherto in that part of Ireland?

Mr. BIRRELL

The Congested Districts Board have purchased fifteen estates in county Clare under the provisions of the Land Act of 1909, comprising an acreage of 16,856 acres. Holdings have been provided for seventy-three tenants on these estates, and additions made to the holdings of eighteen tenants. The maps and documents necessary to enable the Board to negotiate for the purchase of eighteen additional estates have been lodged by the owners. Applications have also been received from or on behalf of tenants, asking the Board to purchase eighty-seven other estates in county Clare. The Board have exercised their compulsory powers in regard to the acquisition of five estates. They have no power to provide holdings for landless men.

Mr. MAURICE HEALY

asked up to what date vesting orders and fiats made by the Land Commission on the completion of land purchase agreements, and sent to the local registry of title for registration, have been actually registered in the county Cork and in the rest of Ireland, respectively; and if he can state approximately how many such flats and vesting orders still remain unregistered in the county Cork and in the rest of Ireland?

Mr. BIRRELL

The Registrar of Titles informs me that save where questions as to devolution of title, conflict of boundaries, and other matters have arisen, and have not yet been disposed of, the registration has been completed of practically all the holdings vested under the Land Purchase Acts up to 1st November last in which the documents have been received from the Land Commission. The cases are registered as far as possible, in order of priority of receipt of the documents irrespective of the counties in which the lands are situate. It is estimated that some 14,500 holdings (including about 1,300 in county Cork) are awaiting registration. Seven thousand of these were lodged for registration since the 1st April.

Mr. NEWMAN

asked the Chief Secretary whether his attention has been drawn to a request made in the Land Court on the 1st instant by a tenant who had leased a portion of land on the estate of the Reverend Geoffrey Browne, in the county of Mayo, that he might be allowed out of his contract as his life had been threatened, and he had been forced to remove his cattle for their safety; and whether he will see that this man is afforded adequate police protection as long as he is forced to remain in possession of the farm he has taken?

Mr. BIRRELL

The statement referred to was made not by a tenant but by one of the counsel engaged in the case in the Land Judge's Court. The police inform me that they know of no tenant on the estate who would be justified in making such a statement. In no case was the stock removed before the expiration of the lettings. All the graziers were willing to re-take, but were informed by the agent some days ago that the estate was now in the hands of the Congested Districts Board. The statement that any man's life has been threatened is quite erroneous, and the police are of opinion that there is no reason for affording special protection to any of the tenants.

Mr. NEWMAN

asked the Chief Secretary whether he is prepared to allow owners of property further or any direct representation on the Congested Districts Board; and whether he will state the number of meetings held by the Board in the financial year ending 31st March, and of the number of attendances at such meetings of the Chief Secretary and the Vice-President of the Board of Agriculture?

Mr. BIRRELL

There is at present no vacancy on the Board, and I have no power to make additional appointments. The number of meetings held by the Board in the financial year ending 31st March last was fourteen—of these the Chief Secretary attended two meetings, and the Vice-President of the Department of Agriculture attended nine.

Mr. NEWMAN

asked the Chief Secretary whether his attention has been called to remarks made by Mr. Justice Ross in the Land Judge's Court on the 1st instant, in criticism of the recent conduct of the Congested Districts Board, to the effect that owing to the fact that an estate had recently been boycotted and compelled to remain derelict, it had been made possible for the Congested Districts Board to purchase it at fifteen years' purchase of a judicial rental; whether he is aware that it was stated by the learned judge that the Board had entered into the game with the agitators until, by every description of villainy and boycotting, the property had been rendered almost worthless and that the Board had then stepped in with their preposterous offer; and whether, as chairman of the Board, he intends to intervene and secure a more adequate price to the owner of the estate in question?

Mr. BIRRELL

My attention has been called to a newspaper report of the observations made by Mr. Justice Ross. I have no means of knowing whether the report is accurate, but I hope not, as the statements regarding the Board attributed to the judge are wholly unfounded. The Board made its first offer (which was £728 less than the price ultimately paid) for this estate in July, 1911, and I am informed by the police that there was no agitation on the estate until December, 1911, and that there was no boycotting at any time. The untenanted lands have never been derelict, but have been occupied by the grazing tenants until the termination of their lettings this spring. The total rental of the tenanted portion of the estate is £247, of which £64 is non-judicial. Instead of the estate being bought for fifteen years' purchase, the price of the tenanted land, without the bonus, was 18.3 years' purchase, and with the bonus 20.8 years' purchase, paid in land stock. Taking land stock at 85, the immedicate cash value to vendor, including bonus, works out at 18.1 years' purchase. A return furnished by the vendor's agent of the net income derived from the untenanted lands states this income at £820 per annum. The price offered for these lands by the Board was £15,928 land stock, plus £2,143 bonus, making a total of £18,071, which price is equivalent to twenty-two years' purchase of the net income. Taking land stock, as before, at 85, the cash price, including the bonus, would be £15,682, or 19.1 years' purchase. There is, therefore, no justification for the statements attributed to the learned judge, and the price paid for the estate seems to have been adequate.

Mr. MacCAW

asked the Chief Secretary if his attention has been drawn to the remarks made by Mr. Justice Ross, in the Land Judge's Court in Dublin on 1st May, regarding the sale of an estate in the counties of Mayo and Sligo to the Congested Districts Board, when Mr. Justice Ross condemned the action of the Board; and whether the Board have given any explanation, and, if so, what, of the course they have taken in this matter?

Mr. BIRRELL

I would refer the hon. Member to the reply given to-day to the question asked on this subject by the hon. Member for the Enfield Division.

Mr. LUNDON

asked if John Boreland, tenant on the estate of Baron John Massey, of Anglesborough, county Limerick, signed a purchase agreement for the sale of his holding under the Land Act of 1903 or 1909, and, if not, on what grounds did the landlord refuse to allow him to sign; are the Commissioners aware that this tenant got this farm from the agent to Lord Massey some twenty-two years ago with the consent of the latter, as the lands were evicted; and will due regard be given to the claims of those who were evicted from those lands to enlarge Lord Massey's demesne, but which were handed over to a Scotchman without even the approval of the landlord?

Mr. BIRRELL

On this estate the vendor entered into direct sale agreements with his tenants under the Irish Land Act, 1903. No agreement was lodged in respect of Boreland's holding, which was not included in the lands sold by the owner. The holding appears to comprise over 1,000 acres, and is held under a lease for thirty-five years made to a former agent under which only ten statute acres can be broken up at any time, and the present tenant does not apparently reside on the lands. No applications were received from evicted tenants in respect of these lands, and as they were not lodged within the period prescribed by the Evicted Tenants Act, they do not come within the provisions of that Act, but in any event the lands are tenanted, and are not the subject of proceedings before the Estates Commissioners, who cannot interfere in the matter.

Mr. HAYDEN

asked whether any proceedings have been taken by the Congested Districts Board, and, if so, what, with a view to taking over possession of the estate of Sir Charles V. Gunning, situate at Cloonmurly, in county Ros-common; and if the farm on this estate in the occupation of Mr. Walter Kelly Grehan, and which he has agreed to sell, will be taken over by the Board for the purpose of relieving the congestion which exists in the district?

Mr. BIRRELL

This estate is the subject of proceedings for sale direct by the owner to the tenants. An agreement for the purchase of his holding by Mr. W. K. Grehan has been lodged with the Estates Commissioners, who will consider the question of making an advance in this case when dealing with this estate in its order of priority.

Mr. DORIS

asked whether the Congested Districts Board have been in communication with Mrs. A. C. Wright with reference to a sale of her congested estate at Clooneen, Kilmeena, county Mayo; and, if so, with what result?

Mr. BIRRELL

The Congested Districts Board have been in communication with Mrs. Wright, and the maps and documents necessary for a preliminary inspection of the property, with a view to a sale through the Board, are being prepared for lodgment.

Mr. DUFFY

asked whether the Lewis. estate, Balinagar, Woodford, county Galway, has been offered for sale to the Congested Districts Board; has it been inspected; and how does it stand at the present time?

Mr. BIRRELL

This estate has been offered for sale to the Congested Districts Board, and it will be inspected and a decision arrived at regarding purchase as soon as practicable.

Mr. DUFFY

asked the Chief Secretary what is the cause of the delay in vesting the holding of land No. 84/930, Attimon-more, county Galway, on the estate of William Daly and another, in the tenant, John Mullins, to whom the same has been assigned since 1908 by his mother-in-law, Bridget Quinn; whether frequent application has been made for the registration of title by the solicitor acting for John Mullins; and whether he will call the attention of the Estates Commissioners to the matter?

Mr. BIRRELL

The delay in completing the vesting in this case has been due to the temporary misplacement of certain documents in the offices of the Estates Commissioners, who regret the delay, and they are now taking the necessary steps to have the vesting completed, and the registration of the title effected as soon as possible.

Mr. KENNEDY

asked the Chief Secretary whether farms have recently been sold in county Cavan which could have been purchased by the Estates Commissioners to restore evicted tenants; whether the Estates Commissioners will take any steps locally to secure suitable farms for evicted tenants; and will he say whether the remaining evicted tenants in county Cavan will be supplied with farms or the Evicted Tenants Act kept alive until such time as its provisions are enforced and the county Cavan evicted tenants dealt with?

Mr. BIRRELL

The powers of the Estates Commissioners to acquire lands are limited to the acquisition of lands in fee simple, and they have no information as to what farms have recently been sold in the county Cavan, otherwise than under the Land Purchase Acts. The Commissioners have already acquired some 2,680 acres of untenanted land in the county Cavan, and proceedings for the acquisition of a further 140 acres are at present pending before them. Up to the present ninety-six county Cavan evicted tenants have been reinstated in their former holdings or provided by the Commissioners with other holdings on lands in county Cavan or neighbouring counties. There are now only twelve county Cavan evicted tenants whose applications have been noted for consideration and who have not yet been provided with farms. The Commissioners consider that any of these cases which are not disposed of by the 31st December next, when the compulsory provisions of the Evicted Tenants Act expire, can be provided with holdings on lands under the voluntary provisions of the Land Purchase Acts in that county or neighbouring counties.