Dáil debates

Wednesday, 4 May 2005

Land Bill 2004 [Seanad]: Second Stage (Resumed).

 

6:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)

I thank the Leas-Cheann Comhairle and I appreciate that he has been flexible in this respect. I will now focus on the legislation. Section 7 facilitates trustees in the transfer to users of former Land Commission trust property by providing the Minister with the power to arrange for the transfer of title of the entire or a part of a trust property when so requested by the trustees, relieving them of the legal and financial burden involved. At present the Minister may consent to a proposal from the trustees that they transfer the entire or a part of a trust property and the legal work necessary to effect a change of ownership in the Land Registry Office is the responsibility of the trustees. About 500 of these trusts exist and the extra powers that are proposed by the Minister in this section should greatly facilitate the transfer of these lands from trust to user ownership. I welcome this important section, particularly given that the measure will facilitate a greater development of sporting and other amenity facilities. Every community needs sporting amenities in addition to housing, schools and factories. Section 7 is pertinent in this regard. I would like to see more land being used to assist local communities. This is a major issue in my constituency which includes the beautiful St. Anne's Park. The park is for the people of Dublin North-Central and so it should remain. l never want to see greedy developers getting their hands on that park land.

Section 9 removes the necessity for meetings of the rules committee consisting of the Secretary General and an assistant secretary of the Department of Agriculture and Food, and the President of the High Court who exercises the jurisdictions of the former judicial commissioner. The power to make rules for carrying into effect certain of the provisions of the Land Purchase Acts is conferred on the Minister by section 3 of the Land Act 1933 but, as currently framed, the section provides that the Minister may only exercise this power with the concurrence of a majority of the rules committee.

Section 10 provides a statutory base for Government decisions made in 1989 and 1992 whereby small amounts — €25.40 or less per annum — in respect of land purchase annuities and land reclamation annuities were written off. While the consent of the Minister for Finance to make statutory instruments providing for the write-offs was obtained, the said statutory instruments should have been made before the write-offs took place. I welcome this section which regularises the position.

Section 11 provides a statutory basis for the Government decision in 1992 which approved concessions to land purchase and land reclamation annuity payers where they were offered the opportunity to buy out their annuities at a discount provided any arrears of such annuities were also paid. However, there was no provision in existing legislation authorising the Minister to accept less than the full amount to buy out such annuities. This section regularises the position.

Section 12 provides, inter alia, for the repeal of section 45 of the Land Act 1965. Under this section all non-qualified persons must get the written consent of an officer authorised by the Minister before acquiring an interest in agricultural land, that is, land not situated in a county borough, borough, urban district or town. This provision was introduced to prevent land in such areas from being acquired by non-Irish persons and corporate bodies. Where land was to be acquired outside these geographical definitions, a purchaser had to be a qualified person. On Ireland's entry into the European Community, it became obvious that the restrictions on purchases of land by non-nationals or, more specifically, by nationals of other member states, imposed by section 45 were contrary to our obligations under the Treaty of Rome. I welcome this section which reflects the reality of the modern, progressive world. The enlargement of the EU has and continues to broaden significantly the categories of qualifying individuals. This matter raises the debate surrounding Irish nationality in the context of the European Union and these issues will arise in the referendum campaign on the European constitution. Many people have concerns about the direction in which some Members of this House are seeking to drag them.

As regards the financial implications of the legislation, the proposals in the Bill provide for a potential contribution to the Exchequer by way of a capital lump sum being paid to it and possible savings in the current administration costs of the Department. From the point of view of the Exchequer, that is an important element of the debate.

I welcome the opportunity to discuss this Bill. Historically, Irish people have been closely connected with the land. Thousands of people living in urban areas are descended from small farmers who moved to towns and cities in the past. That bond with the land should never be broken and there should be no divisions between urban and rural areas. Many people living in urban areas have more in common with farming and fishing communities than they have with the wealthy elite. Over the years, it has saddened me that some political parties in the House — although none of their Members is currently in the Chamber — have tried to drive a wedge between urban and rural dwellers. It is important to note that during this debate some Members of the House have sought to promote the vision of an end to the urban-rural divide. I thank the Leas-Cheann Comhairle for affording me an opportunity to contribute to the debate.

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