James Breen (Clare, Independent)

I welcome the Land Bill, particularly the write-off and buy-out of annuities. It paves the way for 7,000 farmers with annuities of over €200 to buy out their annuities with a 25% discount if all outstanding arrears are paid in full. The Bill also provides the Minister with enhanced powers to seek recovery of outstanding land purchase annuity arrears after the operation of the buy-out scheme proposed in the Bill.

It gives the Department the power to off-set payments due to an individual against the annuity arrears owed by him or her and enhances debt collection through the aegis of the courts. If a more generous discount was given and a full year allowed for repayment, both farmers and the Exchequer would be happy.

Many farmers, particularly the smaller ones will be affected by this Bill. To redress farm fragmentation, it must be ensured that anyone who purchased land beside his or her holding and sold an out-farm through someone else must not be penalised by any taxation on that transaction. If there was a capital buy-out percentage of 50%, particularly for those with capital outstanding of €6,000, it would be much more significant than is contained in the Bill and encourage more people to participate. A 25% level will not allow this objective to be achieved. The Bill gives strong powers to the Department of Agriculture and Food to recoup payments. Will the Minister of State allow for more discounts of up to 50% similar to those in place in 1992?

Section 30 of the 1950 Land Act will be amended providing the Minister with greater powers to transfer land subject to a trust set-up under the Land Acts. I hope this will result in transfer of trust land to user groups, as there are approximately 500 Land Act trusts still in existence. In particular I hope it will facilitate the transfer to GAA clubs of approximately 250 GAA grounds still held in trust under the Land Acts.

The Bill deals primarily with better administration of annuities, even in the transfer of trust lands, reducing bureaucracy and reducing the costs of conveyancing transactions on all agricultural land. The Bill may meet one commitment to the farming sector in the partnership process under the Programme for Prosperity and Fairness and Sustaining Progress. It is designed to achieve several other objectives that blow in the way of farmers. We must have full guarantees that the proposed scheme to allow farmers with land purchase annuities of more than €200 per annum to buy them out will be introduced. If the remaining farmers who have land purchase annuities take final steps towards fully owning their land, the primary objective of the former Land Commission will have been achieved, namely, tenant ownership of agricultural holdings and full unburdened title to the land that all the advantages of full ownership entail. Some 2,300 farmers will be able to avail of this concession to redeem their annuities at a substantial discount of 25%, subject to their annuity payments being up to date.

While I welcome these provisions in the Bill, the Minister of State has it in his power to make rural Ireland more vibrant, particularly the west and the small farmers there. The Land Commission was a great loss to small farmers. When it existed, the larger farmer could not take over land by outbidding the smaller farmer. The small family farm is now becoming a thing of the past. We all recall Michael Davitt and the Land War when families were evicted on Christmas night. This was desperate because the people love their land and farming. Several summers ago, the committee on the Constitution examined the constitutional provisions for property rights to make it easier for people to buy sites for houses and build on their own land. What has happened to the report? It is lying in a Minister's office gathering dust. Will the same happen to the committee's deliberations on the constitutional provisions for family rights? Is the committee wasting its time?

Will the Minister of State make inquiries as to why the property rights Bill has not yet been introduced? A Deputy from Cork asks on nearly every Order of Business when the ground rents Bill will be introduced. I do not believe it will ever be. Land reclamation grants were available to small farmers to reclaim land through drainage schemes, forestry clearance and so on. However, the grant was abolished, placing an enormous burden on small farmers. Will the Minister of State consider reintroducing reclamation grants? Some roads ran two miles from some farmhouses. Now, through compulsory purchase orders, the roads run next to the gable ends of the houses. There is no compensation available for the nuisance this causes.

Large tracts of land belonging to no one are held in the Land Registry office. Will the Minister of State investigate providing this land to small farmers if no one claims it? The Bill states that only a qualified person can buy land. However, I see no restrictions in place as anyone can buy land. Those who wish to build one-off houses on their land are deprived of doing so by planners. Is this fair and just? Parts of west Clare have been denuded of their population. The Milltown Malbay council area was abolished because the population had been greatly reduced by people fleeing rural life. Many now want to return to their communities but obstacles are put in their way by planners. People, some mentally unstable, were unable to fill out forms and did not know their rights. Now they are being penalised.

I know the Minister of State is a level-headed man. Will he inquire into all these matters I have raised to ensure justice is done? Part-time farmers are being discriminated against. I know of one farmer with an off-farm income. The farmer wanted to receive the installation aid for young farmers grant. However, as his employer could not give him time off to put in so many hours of farming training, he is now denied this grant. That gentleman is simply trying to make a go of farming. Several years ago the Government encouraged part-time farming but now it is penalising those farmers.

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