Dáil debates
Friday, 1 July 2005
Land Bill 2004 [Seanad]: Second Stage (Resumed).
2:00 pm
Fergus O'Dowd (Louth, Fine Gael)
I have downloaded many speeches on this issue and the Minister of State will be pleased to note that I read them all fully. Coming from the east coast, we do not have a particular knowledge of the Land Commission. Much of its work was historical and was well done. In its day it was an important agent for social change and it met the needs of a land-hungry community. It met the needs of a poor peasantry who in many cases could not maintain their families on the landholding that they may temporarily have held. They always cast their eyes on the land beside them which was owned by the big landlord who was not to be found and spent his time in other places and other climates. The Land Commission, historically, did an important job in breaking up those large estates and giving to the farmers and the people of that area land they needed and that they had utilised well.
I do not know if there is a social history of the Land Commission and, if so, if it has been published. However, if this is the final act of the Land Commission, which I believe it is, we should mark it with publication of research and documents associated with it. I am interested in history and when reading about it one notes that some Departments have produced a set of historical documents which could be used in the junior certificate history curriculum, for general knowledge or in the curriculum for transition year students. Perhaps the Minister of State's Department will consider compiling historical documents in the Department's archives that might be of interest to students, particularly some of the more controversial parts of the Land Commission's activities. While those battles happened long ago they would give an important understanding of the history of the period, particularly how communities dealt with these issues in the past.
I would like to refer to another matter of which I know a little, namely, the policy of the Land Commission, particularly in counties like Meath, where people were resettled from the west and the Kerry Gaeltacht, and established new Gaeltachtaí in Rathcairn, Gibbstown and so on. As an exercise in social engineering, it has been particularly successful. Many families moved from west Kerry, from where some of my ancestors came, and settled in Meath, and are very happy there. That represented an important development of Gaeltacht communities and the Land Commission played an important part in that.
Another issue concerns something that may be better understood by the Minister of State, as someone who comes from a rural community. In parts of the country, for example, west Kerry where I spend my holidays, this problem has arisen where farmers exchange land. It apparently dates back to the 1920s or 1930s. Let us say a farmer had a patch of land. The Land Commission looked at the layout of the land and to facilitate farmers working land adjacent to their dwellings, lands were exchanged between neighbours. I believe the practice was called patching. I am not sure whether that is a word with which the Minister of State is familiar.
Notwithstanding the fact that their legal landholdings were given to them by the Land Commission, farmers continued to farm the historical land that they always held. The result was that when somebody died, occasionally farmers found the land they thought they owned was not theirs. It could have belonged to a neighbour who now wanted it back. Such arrangements created all manner of hassle. Perhaps the Minister of State might refer to that in his final speech because I fail to understand it.
Another issue is that in some parts of the country the clarity of land ownership or land title is somewhat unclear. When someone seeks planning permission on a plot of land, it may emerge that he or she owns the plot but not the access to it. I know of one such beautiful site in Kerry which, if it were sold on the open market, would be worth at least €100,000, but because of all the legal complications nobody can go in there unless the person who wants to build the house and the other person who owns the right of way agree. Needless to say they will not agree, so nobody can go in. It means the view is retained for posterity. This is an example of what can happen.
Land has historically been close to the Irish question and how people in Ireland feel about their society. Initially, the Land Commission brought about an equalisation of opportunity. It gave people the opportunity to buy and farm land near them and it also assisted in the break-up of large estates in a fair manner. I know there were complaints at times and some strife, but on the whole it was fair. Working for the Land Commission was a good job. When I was growing up my father might indicate some individual and say that he worked for the Land Commission. It was almost as good a job as being a TD or probably better because there was more continuity. They seemed to be there forever and were powerful and influential people in their communities, to whom one might lift the hat, perhaps, if one were wearing one.
We are a long way from 1881, the year the Land Commission was set up. There is now a hunger for housing as opposed to land. Some issues about land ought to be addressed by this Government. Mention is often made of the Kenny report on building land and so on. It is a real issue that the value of land, depending on where one lives, can vary enormously. The Taoiseach has said that the constitutional review group report on land will be coming before the House in due course. I do not know whether that will be part of the Minister of State's brief. However, it is very important.
The price of building land in particular, is a significant issue. I would like to see addressed the hunger that exists among young people who want to live in their communities adjacent to their families. Deputy O'Donovan is chairman of the relevant committee and I would like to see that report brought into the House for discussion. Perhaps the Minister of State might have the pleasure of introducing that non-controversial Bill which will allow people to buy homes in their own area.
I have read the speech. Much of it is very technical and legal. In essence the Government is tidying up the affairs of the Land Commission, as the Minister of State has indicated. Its passing, I hope, will be recorded by some publication or some function or other. The benefits from the Land Commission will be more greatly appreciated as time goes on and the commitments that civil servants gave to it in past generations become clearer. It was very controversial initially and was a core issue for the people. Its affairs have been handled very well and successfully. Communities will continue to benefit from its work, particularly the farming community. I understand that the Bill provides for the waiving of certain charges owed by farmers and landowners and a certain amount is being written off. Further options are also being offered as regards different moneys that are owed.
The issue concerning sport and community trustee land was referred to by my colleague, Deputy Deenihan, when he spoke about the transfer of land the Bill will facilitate. It will facilitate, at the request of the trustees, the transfer of lands used by sports clubs and community groups which currently operate on Land Commission trust property. The Minister of State proposes to simplify the conveyancing procedures of trust properties to ease transfer of ownership by removing the legal and financial burdens from trustees. Approximately 500 of these local trusts exist, almost half of which are used by local GAA and other sports clubs. It is important that these clubs and communities should be given security of tenure.
There is an issue in this regard to which I should like to refer. It concerns land in Drogheda owned by the local authority which was given to a sports club which continued to use it over the years. However, the ownership changed and because of development pressures, the sports club received an offer for the land from a builder. It sold the land to the developer for a certain amount of money and out of that it is buying ten or more times the size of acreage much further out from the town. Drogheda has lost a greenfield site of about two acres which has been in the centre of the town. The new sports complex, which will be much further out, will be very successful and will meet the needs of the modern growing town and society. However, the fact that the green space is lost forever is a significant issue.
Whether one is for or against sport, one wants it to develop. If the effect of this Bill is to transfer forever rights over that field as a green space, it should remain in recreational usage as at present and should not be allowed to be sold for development. There are significant pressures on those types of sites and cases for or against can be made. Ultimately, it is very important to retain our green spaces. Many of these are being used by GAA and other sports clubs and are owned by the Land Commission. The Minister of State should examine that issue seriously and some type of legal codicil should be inserted in leases to ensure that such land remain the property of such sporting bodies so long as it continues to be used for existing purposes, subject to the position being reviewed by ministerial order in particular circumstances.
I thank the Minister of State and wish him success with the legislation.
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