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IMEACHTA AN ROGHA-CHOISTE.PROCEEDINGS OF THE SELECT COMMITTEE.Dé Céadaoin, 1adh Mí na Nodlag, 1926.Wednesday, 1st December, 1926.1. Do tháinig an Coiste le chéile ar 11 a.m. 2. Bhí na baill seo leanas i láthair:—Séamus O Duibhir (Cathaoirleach), an tAire Tailte agus Talmhaíochta, Séamus Mac Cosgair, Donnchadh O Guaire, Mícheál O hIfearnáin, Pádraig O hOgáin (An Clár), Tadhg O Murchadha, Mícheál O Núnáin agus Máirtín O Rodaigh. 3. D’ath-chrom an Coiste ar an mBille do bhreithniú. (i) Alt 4. D’ath-chromadh ar bhreithniú na tairisginte seo leanas a dhin Mícheál O hIfearnáin ar an 23adh Mí na Samhna:— “That it be a recommendation that sub-section (1) be deleted and there be inserted in lieu thereof a new sub-section as follows:— ‘(1) Notwithstanding the provisions of clause (e) of sub-section 2 of section 24 of the Land Act, 1923, and notwithstanding any decisions made thereunder by Judicial Commissioner a holding shall not be excluded from the operation of sub-section (1) of the said section by reason of its potential or actual value or utility for building ground, if in the opinion of the Land Commission the holding was at the passing of the Land Act, 1923, worked as a bona fide agricultural holding and had for a period of five years preceding the passing of the said Act been continuously so worked.”’ Tairisgint, fé chead, tairgthe siar. D’ath-chromadh ar bhreithniú na tairisginte seo leanas a dhin Mícheál O hIfearnáin ar an 23adh Mí na Samhna:— “That it be a recommendation that at the end of the section there be inserted a new sub-section as follows:— ‘(5) Where notice as required by the Land Act, 1881 of a tenant’s intention to sell any holding of agricultural land part of which may possess a potential or actual value or utility for building ground has been given to the landlord and where notice of completed sale of said holding has also been given by the tenant to the landlord and where the purchaser of said holding has been accepted by the landlord as tenant thereof notwithstanding the provisions of clause (9) of sub-section (2) of section 24 of the Land Act, 1923, and notwithstanding any decisions given by the Judicial Commissioner by virtue of this Act such holding shall vest in the Land Commission on the appointed day in like manner and with the like consequences as if vesting orders under the Land Purchase Acts had been made on the appointed day in respect thereof in pursuance of subsequent purchase agreements entered into by the Land Commission with the respective owners of the lowest interest constituting an interest saleable under the Land Purchase Acts at the price fixed by or under the Land Act, 1923.”’ Tairisgint, fé chead, tairgthe siar. Tairisgint déanta (Aire Tailte agus Talmhaíochta): “That it be a recommendation that after sub-section (1) there be inserted a new sub-section as follows:— ‘(2) Where a holding or part of a holding which is excluded from the operation of the Land Act, 1923, solely by reason or on account of its potential or actual value or utility as building ground was at the passing of the said Act held by the tenant under a lease (other than a building lease) the tenant shall at the expiration of such lease if in bona fide occupation of the holding or the part thereof so excluded as aforesaid be deemed to be a tenant of a present ordinary tenancy from year to year at the rent or apportioned rent, as the case may be, and subject to the conditions of his lease, so far as such conditions are applicable to a tenancy from year to year, although the lease may not have been existing at the passing of the Land Law (Ireland) Act, 1881.”’ Ceist curtha, agus aontuithe. Tairisgint déanta (Aire Tailte agus Talmhaíochta): “That it be a recommendation that at the end of the section there be added new sub-sections as follow:— ‘(6) On the expiration of five years from the passing of this Act where any lands, which were at the passing of the Land Act, 1923, tenanted lands excepted from the provisions of sub-section (1) of section 24 of the said Act by reason or on account of their potential or actual value or utility as building ground, have not been resumed and utilised for building purposes during the said period the Judicial Commissioner may order that the Land Act, 1923, shall apply to the whole or any part of the said lands, and the provisions of the said Act shall apply thereto as from such date and subject to such conditions as the Judicial Commissioner may direct. Provided that no such order as aforesaid shall be made in respect of any lands if the landlord proves to the satisfaction of the Judicial Commissioner that he intends forthwith to resume the same (if not then resumed) with the definite purpose of utilizing them as building ground and the Judicial Commissioner is satisfied that the lands will be utilized for building purposes within such further period of time as may be fixed by him. Upon every application by a tenant for an order pursuant to this sub-section, the Judicial Commissioner shall have and may exercise the powers of sub-division and apportionment conferred on him by sub-section (1) of this section. (7) During the aforesaid period of five years the tenant of the lands so excluded shall not be compelled to quit the same or any part thereof, except in consequence of the breach of some one or other of the conditions of his tenancy, unless the landlord is desirous of resuming the lands or part thereof for the immediate purpose of utilizing the same as building ground.”’ Ceist curtha, agus aontuithe. (ii) Alt nua. Tairisgint déanta (Aire Tailte agus Talmhaíochta): “That it be a recommendation that before section 5 there be inserted a new section as follows:— ‘A holding shall not be excluded from the provisions of sub-section (1) of section 24 of the Land Act, 1923, by reason only of the fact that there is a mill building upon it, where it is proved to the satisfaction of the Land Commission that the building has ceased to be used as a mill, and where, having regard to all the circumstances of the case, the Land Commission consider that the holding is substantially agricultural or pastoral or partly agricultural or partly pastoral in character.”’ Ceist curtha, agus aontuithe. (iii) Alt 6. D’ath-chromadh ar bhreithniú na tairisginte seo leanas a dhin Mícheál O hIfearnáin ar an 23adh Mí na Samhna:— “That it be a recommendation that in line 15, after the word ‘purchased’ there be inserted the words ‘or by reason of the tenant having been evicted since the said first day of September, 1922.”’ Tairisgint, fé chead, tairgthe siar. D’ath-chromadh ar bhreithniú na tairisginte seo leanas a dhin an tAire Tailte agus Talmhaíochta ar an 23adh Mí na Samhna:— “That it be a recommendation that in line 25, after the word ‘aforesaid’ there be inserted the following proviso:— ‘provided that this section shall not apply to (a) tenanted lands, where by reason of the extent and character of the lands the Land Commission are of opinion that the provisions of the Land Act, 1923, should not apply or (b) to tenanted lands vested in the Land Commission under any Act prior to the Land Act, 1923, so long as the fee-simple thereof remains vested in the Land Commission.”’ Ceist curtha, agus aontuithe. D’ath-chromadh ar bhreithniú na tairisginte seo leanas a dhin Mícheál O hIfearnáin ar an 23adh Mí na Samhna:— “That it be a recommendation that there be added a new sub-section as follows:— ‘The reinstatement and purchase terms of holdings dealt with under this section shall be in accordance with section 2, Part II. of the First Schedule of the Land Act, 1923.”’ Tairisgint, fé chead, tairgthe siar. (iv) Ailt nua. Tairisgint déanta (Aire Tailte agus Talmhaíochta): “That it be a recommendation that before Section 7 there be inserted a new section as follows:— ‘Where, in the case of a holding to which the provisions of the Land Act, 1923, are by this Act made applicable, the tenant of such holding has been ejected at any time since the gale day next preceding the 16th day of June, 1926, such tenant shall, on payment to the Landlord of two years’ rent or such less sum as may be due in respect of arrears of rent together with the landlord’s costs of the ejectment proceedings, be entitled to be reinstated in his holding as if a writ of restitution had been applied for and obtained by him under Section Seventy-One of the Landlord and Tenant Act (Ireland), 1860.”’ Ceist curtha, agus aontuithe. D’ath-chromadh ar bhreithniú na tairisginte seo leanas a dhin an tAire Tailte agus Talmhaíochta ar an 23adh Mí na Samhna:— “That it be a recommendation that before section 7 there be inserted a new section as follows:— ‘Where the particulars prescribed by section 22 of the Land Act, 1923, in respect of a holding to which that Act applies have not been furnished to the Land Commission prior to the passing of this Act and such particulars are furnished after the passing of this Act, then the provisions of section 20 of the Land Act, 1923, shall apply to the holding from the gale day next preceding the date on which such particulars are furnished to the Land Commission up to which gale day the tenant shall remain liable to his landlord for rent and from which gale day the liability of the tenant for payment in lieu of rent and of the Land Commission for payment of the sum equivalent to the sum to be collected as payment in lieu of rent pursuant to section 20 of the Land Act, 1923, shall commence.”’ Tairisgint, fé chead, tairgthe siar. Tairisgint déanta (Aire Tailte agus Talmhaíochta): “That it be a recommendation that before section 7 there be inserted a new section as follows:— ‘Where the particulars prescribed by section 22 of the Land Act, 1923, in respect of a holding to which that Act applies have not been furnished to the Land Commission prior to the passing of this Act and such particulars are furnished after the passing of this Act, then the provisions of section 20 of the Land Act, 1923, shall apply to the holding from the gale day next preceding the date on which such particulars are furnished to the Land Commission from which gale day the liability of the tenant for payment in lieu of rent and of the Land Commission for payment of the sum equivalent to the sum to be collected as payment in lieu of rent pursuant to section 20 of the Land Act, 1923, shall commence; provided that the rent payable by the tenant from the gale day next preceding the passing of the Land Act, 1923, shall be reduced by 25 per cent. and that nothing in this section shall alter the mutual rights and liabilities of landlord and tenant under section 19 of the said Act.”’ Ceist curtha, agus aontuithe. D’ath-chromadh ar bhreithniú na tairisginte seo leanas a dhin Mícheál O hIfearnáin ar an 23adh Mí na Samhna:— “That it be a recommendation that before section 9 there be inserted a new section as follows:— ‘Sub-section (1) (c) of section 26 of the Land Act, 1923, shall be amended to read:— Where prior to the passing of the Land Act, 1923, portion of any holding was sub-let and where arising out of such sub-letting the middle or intervening interest although of small appreciable value was penalized both by the fixing of fair rents for the sub-tenants and application of the provisions of the Land Act, 1923, enabling these sub-tenants to purchase their holdings the occupiers of the remaining portions of any such holdings shall be enabled to purchase on the same conditions and subject to the same charges as those on which the sub-tenants bought under the 1923 Act.”’ Tairisgint, fé chead, tairgthe siar. D’ath-chromadh ar bhreithniú na tairisginte seo leanas a dhin Mícheál O hIfearnáin ar an 23adh Mí na Samhna:— “That it be a recommendation that before section 9 there be inserted a new section as follows:— ‘Where a holding excluded from the operation of the Land Act, 1923, solely by reason or on account of its potential or actual value or utility as building ground was at the passing of the said Act held by the tenant under a lease (other than a building lease) the tenant shall at the expiration of such lease if in a bona fide occupation of the holding be deemed to be a tenant of a present ordinary tenancy from year to year at the rent and subject to the conditions of his lease as far as such conditions are applicable to a tenancy from year to year, although the lease may not have been existing at the passing of the Land Law (Ireland) Act, 1881.”’ Tairisgint, fé chead, tairgthe siar. D’ath-chromadh ar bhreithniú na tairisginte seo leanas a dhin an tAire Tailte agus Talmhaíochta ar an 23adh Mí na Samhna:— “That it be a recommendation that before section 20 there be inserted a new section as follows:— ‘Where the Land Commission is entitled to cause a holding to be sold, they may, if they deem it expedient, and whether the holding is situated in a congested district or not, sell it by private contract, either as one holding or in lots, at such price or prices as the Commissioners, other than the Judicial Commissioner, shall consider to represent the selling value having regard to the conditions of the district in which the holding is situate and all the circumstances of the case. The certificate of the Land Commission that the price realised on any such sale is adequate shall be binding and conclusive on all parties.”’ Ceist curtha, agus aontuithe. Tairisgint déanta (Aire Tailte agus Talmhaíochta): “That it be a recommendation that before section 20 there be inserted a new section as follows:— ‘Notice of every intended sale by the Land Commission either by public auction or by private contract of a holding which they are entitled to cause to be sold shall be published in Iris Oifigiúil at least ten days before the sale and the Land Commission shall transmit a copy of the said Notice to the person who appears to them to be the owner or the tenant of the holding by registered post addressed to him at the holding.”’ Ceist curtha, agus aontuithe. D’ath-chromadh ar bhreithniú na tairisginte seo leanas a dhin an tAire Tailte agus Talmhaíochta ar an 23adh Mí na Samhna:— “That it be a recommendation that before section 23 there be inserted a new section as follows:— ‘(1) Notwithstanding anything contained in section 7 of the Labourers (Ireland) Act, 1896, any Local Authority in whom is vested any cottage erected or acquired under the Labourers (Ireland) Acts, 1883 to 1919, which has ceased to be required for the purposes of those Acts, may with the sanction of the Minister for Local Government and Public Health and subject to such conditions as he may prescribe sell such cottage together with the land attached thereto to the Land Commission for a price payable in 4½% Land Bonds. (2) The annual income from the Land Bonds or if such bonds are sold with the consent of the Minister for Local Government and Public Health or are redeemed, then the capital sum arising from such sale or redemption shall be applied towards the repayment of any moneys borrowed and outstanding in respect of the improvement scheme in pursuance of which such cottage with any land attached thereto was provided, and if no such moneys are outstanding the annual income or the proceeds of sale or redemption of Land Bonds as the case may be, shall be carried to the credit of the rate or fund out of which expenses under the Labourers (Ireland) Acts are defrayed.”’ Ceist curtha, agus aontuithe. D’ath-chromadh ar bhreithniú na tairisginte seo leanas a dhin Donnchadh O Guaire ar an 23adh Mí na Samhna:— “That it be a recommendation that before section 33 there be inserted a new section as follows:— ‘Paragraph (b) of sub-section 5 of section 45 of the Land Act, 1923, shall be amended to read as follows:— (b) to any stone, gravel, sand or clay which shall become the absolute property of the tenant.”’ Tairisgint, fé chead, tairgthe siar. D’ath-chromadh ar bhreithniú na tairisginte seo leanas a dhin Mícheál O hIfearnáin ar an 23adh Mí na Samhna:— “That it be a recommendation that before section 33 there be inserted a new section as follows:— ‘(1) Notwithstanding any ejectment orders granted all persons who were in full yearly occupation of land at the introduction of the Land Act, 1923, and were the rated occupiers thereof shall from the date of the passing of this Act have fixity of tenure provided always that such occupiers shall pay all outstanding arrears of rent and rates within six months after the passing of this Act. (2) In cases where ejectment orders have been exceuted the tenant shall be reinstated subject to the same conditions specified in sub-section 1 hereof.”’ Tairisgint, fé chead, tairgthe siar. Tairisgint déanta (Séamus Mac Cosgair): “That it be a recommendation that ‘the Land Act, 1923, shall be amended to make provision for the reinstatement on their holdings of bona fide evicted tenants who were evicted in the days of the Plan of Campaign whose holdings are now in possession of the respective original landlords or their successors or other persons.”’ Ceist curtha; do dhin an Coiste vótáil; Tá, 5; Níl, 4. Tá: Séamus Mac Cosgair, Donnchadh O Guaire, Mícheál O hIfearnáin, Pádraig O hOgáin (An Clar), agus Tadhg O Murchadha. Nil: An tAire Tailte agus Talmhaíochta, Séamus O Duibhir, Mícheál O Núnáin agus Máirtín O Rodaigh. Do faisnéiseadh dá réir sin go rabhthas tar éis glaca leis an dtairisgint. Tairisgint déanta (Séamus Mac Cosgair): “That it be a recommendation that ‘The Land Acts be so amended as to permit of the standard purchase annuity being payable over a period of 137 years instead of 68½ years with the consequential reduction in the amount of the standard purchase annuity.”’ Ceist curtha; do dhin an Coiste vótáil; Tá, 3; Níl, 6. Tá: Séamus Mac Cosgair, Pádraig O hOgáin (An Clár), agus Tadhg O Murchadha. Níl: An tAire Tailte agus Talmhaíochta, Séamus O Duibhir, Donnchadh O Guaire, Mícheál O hIfearnáin, Mícheál O Núnáin agus Máirtín O Rodaigh. Do faisnéiseadh dá réir sin go rabhthas tar éis diúltú don tairisgint. Tairisgint déanta (Tadhg O Murchadha): “That it be a recommendation that before section 5 there be inserted a new section as follows:— ‘Sub-section (1) (c) of section 31 of the Land Act, 1923, shall be amended to read as follows:— Any person who was heretofore the tenant of a holding to which the Land Acts applied and who is not now the occupier or owner of that holding, or in case such person is dead, a person nominated by the Land Commission as his personal representative. Where the application of a person under this sub-section is deemed deserving by the Land Commission and from any cause it is not practicable or desirable to make an advance for purchase of land to such person the Land Commission may, after Notice to all persons concerned in the application, award compensation in lieu of such advance, and may decide the person or persons or source from whom or which such compensation shall be payable, and such award shall be enforceable in the same manner as a judgment debt. Such award shall be subject to such right of appeal as may be prescribed.”’ Tairisgint leasuithe, fé chead, tríd na focail seo do chur isteach i ndiaidh na bhfocal “personal representative,” líne 7:— “Provided that this paragraph shall not apply to tenants evicted in the days of the Plan of Campaign.” Ceist curtha; do dhin an Coiste vótáil; Tá, 4; Níl, 4. Tá: Séamus Mac Cosgair, Mícheál O hIfearnáin, Pádraig O hOgáin (An Clár) agus Tadhg O Murchadha. Níl: An tAire Tailte agus Talmhaíochta, Séamus O Duibhir, Mícheál O Núnáin agus Máirtín O Rodaigh. Do faisnéiseadh dá réir sin go rabhthas tar éis diúltú don tairisgint. Do cuíreadh an Coiste ar ath-ló ar 3 p.m. go dtí 1.30 p.m. Dé Máirt, 7adh Mí na Nodlag, 1926. |
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