HC Deb 20 May 1914 vol 62 cc1956-7W
Mr. MULDOON

asked the Chief Secretary for Ireland whether his attention has been called to the case of Michael Ryan, a tenant on the estate of Lord Midleton in the county of Cork, whose application to the Irish Land Commission to have a fail-rent fixed on his holding was dismissed by the Sub-Commission in November, 1912; whether he is aware that the tenant appealed, and that there was: so much delay in the hearing of the appeal that the landlord was enabled to recover possession of the holding by proceedings before the Recorder of Cork; whether he proposes to take any steps in the Land Bill now before Parliament to prevent landlords, by proceedings such as were invoked in this case, depriving tenants of the advantages and benefits of legislation passed in their interests; and what explanation have the Land Commission to offer for their delay in the case?

Mr. BIRRELL

The tenant's application to have a fair rent fixed was dismissed by a Sub-Commission Court in November, 1912, upon the ground that the holding, which consisted of a dwelling house, forge, and plot of land in the town of Midleton, was not agricultural or pastoral. The tenant appealed, and in the month of July last the case was reheard by a Judicial Commissioner who directed inspection by an assessor in ordinary course. In the same month, the Judge of Assize affirmed on appeal a decree of ejectment previously given by the Recorder of Cork, it being thereby decided that the holding was not agricultural or pastoral within the meaning of the Land Law Acts. The decree of ejectment having been executed, the Judicial Commissioner subsequently decided that he had no jurisdiction to decide whether or not the holding was agricultural or pastoral unless the tenant should first redeem the holding. There was no avoidable delay on the part of the Land Commission in deciding the appeal having regard to the number of pending cases and to the fact that each case must take its proper turn. I would also refer the hon. Member to Section 13 of the Land Law (Ireland) Act, 1881, under which ejectment proceedings can be stayed pending the fixing of a fair rent.