HC Deb 29 November 1917 vol 99 cc2241-2W
Mr. KENNEDY

asked The Chief Secretary for Ireland whether the Under-Secretary, Dublin Castle, has received a copy of an affidavit made by one Matthew M'Cabe, of Ardloher, county Cavan, stating that he bought a farm from one Eva Knox, at Killyfassy, for £1,305, and paid a deposit on the same, but that the landlord, Colonel H. E. Maxwell, refused to accept the new tenant, alleging he was a Sinn Feiner, whereas Matthew M'Cabe was not a Sinn Feiner or Hibernian; whether he is aware that the objection to M'Cabe by the landlord is due to the fact that M'Cabe is a Catholic; and if he will, with a view of preventing possible trouble likely to be caused in the district, have representation made to Colonel Maxwell by the War Office or other Department likely to have influence in this particular quarter without delay?

Mr. SNOWDEN

asked the Chief Secretary for Ireland whether, under the Irish Land Acts, a landlord can refuse to accept a purchaser as tenant on the ground that the purchaser and tenant is a Catholic; if this is not so, will he inquire into the case of Mathew M'Cabe, of Arlegher, county Cavan, who purchased a farm at Kilfassy, county Cavan, by auction on 21st October last; that Colonel Maxwell refuses to accept Mr. M'Cabe as tenant, alleging as reasonable ground that Mr. M'Cabe is a member of a society called Sinn Fein; and seeing that Mr. M'Cabe has sworn a statutory declaration that he is not a member of Sinn Fein, nor an Hibernian, nor of any other society, political or otherwise, and that there is good reason to believe that the landlord's objection is to the fact that Mr. M'Cabe is a Catholic, what action he will take in the matter?

Mr. DUKE

Under the Land Law (Ireland) Act, 1881, Section 1 (6), where the tenancy is sold to some other person than the landlord, the landlord may within the prescribed period refuse on reasonable grounds to accept the purchaser as tenant. In case of dispute, the reasonableness of the landlord's refusal shall be decided by the Court. I am aware of the facts as to the case mentioned in the question. The landlord refuses to accept the proposed purchaser, and, assuming that he should persist in his refusal, the question becomes one of determination by the Court under the Statute.