HC Deb 18 November 1946 vol 430 cc18-9W
Sir E. Graham-Little

asked the Minister of Agriculture the present position of the appeal boards set up to consider appeals from farmers who are dispossessed by A.E.Cs.; what is the nature of these boards; how the members are selected; and what is the procedure followed in effecting dispossession.

Mr. T. Williams

At the beginning of this year I set up regional Tribunals to consider appeals against proposals by county war agricultural executive committees to dispossess owner-occupiers of agricultural land or to terminate agricultural tenancies. The tribunals are non-statutory, appointedad hoc and each comprises a chairman with legal qualifications selected by me and two additional members, one selected from a list of persons nominated by the National Farmers' Union and one from a list submitted jointly by the Central Landowners' Association, the Royal Institution of Chartered Surveyors and the Land Agents' Society.

The function of the tribunals is to advise me in cases referred to them whether the grounds specified by the committee for the action proposed to be taken against the farmer are substantiated or not and if so whether, having regard to all the circumstances, my consent should be given to such action. The tribunals do not deal with the cases of farmers who had already been dispossessed before it was decided to allow appeals.

The procedure is that county war agricultural executive committees make every effort to induce inefficient farmers to improve their work and methods, and they offer all possible guidance and assistance before resorting to drastic action. When, however, they conclude that there is no alternative to the taking of possession or the termination of the tenancy of a holding in the interests of food production, and when the Land Commissioner, acting on my behalf, is satisfied that there is a prima facie case, the farmer is informed of the committee's intention to apply for my consent to the taking possession of his land or the termination of his tenancy, as the case may be, and of the grounds upon which they are acting. He is further informed that he has a right to have the matter referred to the tribunal if he wishes, and he is given 14 days in which to notify the Committee that he intends to appeal. Failing such, appeal, the matter is referred to me for an immediate decision. In cases of termination of tenancy, the owner also is given an opportunity to be heard by the tribunal.

So far, these tribunals have been called upon to consider only 21 cases, of which seven are pending. In 12 of the 14 cases which have been heard the tribunal have confirmed the recommendation of the county war agricultural executive committee. The final decision whether or not to dispossess the farmer or terminate his tenancy rests with me, as the Minister in whom the authority has been vested under the emergency legislation. As I have already announced, however, I am prepared, save in exceptional circumstances, to act in accordance with the recommendation of the tribunal. In cases where my consent is given, a formal notice of taking possession or terminating the tenancy is served on the farmer, and he is directed to give up possession by a specified date.

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