Dáil debates

Thursday, 30 June 2005

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

 

Question again proposed: "That the Bill be now read a Second Time."

7:00 pm

Photo of Johnny BradyJohnny Brady (Meath, Fianna Fail)
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I welcome this long-awaited Bill. The Minister for Agriculture and Food brought forward this legislation to improve efficiency in the remaining operations of the former Land Commission and to fulfil a Government commitment in the Sustaining Progress agreement.

Under that agreement, the Government undertook to significantly reduce the burden of land purchase annuities on farmers. This Bill goes beyond that commitment by removing altogether the burden of annuities for more than 4,500 annuitants, some two thirds of all annuities payable at present. In addition, the Bill provides for the introduction of a generous buy-out scheme, reducing the redemption price by 25% for the remaining annuity if payments are up to date. The Bill also contains a number of control measures to ensure that the State is not exposed to financial loss in the event that annuitants fail to pay their annuities.

It is important that the Bill is successful and attracts the maximum number of farmers to participate. It is in the interest of the Government to ensure that the system of collection of land purchase annuities is resolved once and for all. I urge farming organisations to encourage their members to take up this offer. Once the Land Bill 2004 becomes law, those who do not take part in the buy-out offer will have to continue meeting their commitments as they have heretofore. One important difference is that the Department will have additional powers of recovery of arrears, such as seeking the off-setting of single payments due and garnishee orders. This will only become an issue following substantial consultation with the annuitant and after all attempts at genuine, voluntary payments have failed.

These are financial obligations and should be recognised as such by all annuitants. Valuable land was allocated to farmers and they must, in return, honour these debts. This reality is equivalent to the standard property mortgage most of us must pay. The Department has never charged interest on any of the outstanding arrears accumulated that have saved annuitants substantial amounts of money. All farmers have had the opportunity to avail of the 1993 scheme, but failed to do so. This Bill will effectively write off 4,500 annuities of less than €200 per acre, both capital and arrears, at a cost to the Exchequer of €3.9 million. If all remaining annuitants take up this second generous buy-out, the cost of the 25% discount to the Exchequer will be a further €4.7 million. I trust and hope the scheme being introduced will be successful.

I commend the Bill for its measures of simplifying the transfer of land held as trust set up by the Irish Land Commission. The Land Bill introduces significantly easier means for trustees of these properties to transfer the land to those who use it. There are 350 remaining property trusts, of which approximately 200 are used by local clubs for sports and games under the auspices of the GAA. Clear title to these properties will allow clubs and community organisations to develop the lands for community, recreation or sporting purposes. This measure, in particular, pleases me because I know the importance of local GAA and other sporting clubs to the community and their influence in encouraging young boys and girls to be part of that community.

It is vital that such clubs are free to develop and grow with their communities. I am aware that many clubs are fearful of investing in long-term developments because of the uncertainty regarding the ownership of their grounds. This measure will assist the transfer of such properties into the hands of those who use the grounds. It will allow GAA clubs and other such organisations to take ownership of their grounds and remove their fears regarding the long-term ownership of the lands. The removal of any doubt about the future use of the land will encourage club development committees to pursue longer term aims and developments and will underpin the position of the clubs within the communities that they serve. Anything that allows clubs to grow and develop and enhances the community is worthy of strong support. I take this opportunity to acknowledge the hard work carried out by the dedicated trustees of these properties under whose stewardship the trusts have grown.

The transfer of cow parks no longer needed for their original purpose back to local communities is also very welcome. There is a very good example of this in my constituency where Athboy cow park is being developed for community use. In County Meath there are more trust properties than in any other county and this has been particularly beneficial to the GAA. At a time when many cow parks are being handed back, in particular to county councils, it must be acknowledged that some of them are not suitable for development for sporting activities. The Minister of State, Deputy Smith, knows my part of County Meath very well and he knows there is a large number of cow parks in the Oldcastle, Kells, Carlinstown, Nobber, Athboy, Rathmore and Bohermeen areas. Some of them are suitable to be given back to county councils and many have already been given back. Where they can be used for the local communities, I accept that and am delighted to see it happen.

However, I have some concerns. Those of us who have served on county councils know from experience what might happen to these lands. If money is needed in some other area, I do not want to see a situation where county councils sell these parks on the open market to developers or big farmers. These cow parks were made available long before my time and as a child I remember when the local people had their cow and calf in these cow parks, to supply milk and butter for the family. I would not like to see the big tycoons of County Meath or any other county, acquiring these lands at the expense of the type of people they were provided for many years ago.

With the new guidelines introduced by the Minister for the Environment, Heritage and Local Government, Deputy Roche, I envisage the lands being made available in rural areas as sites for young couples at a reduced rate. I ask the Minister of State to consider that option. There are people who have emigrated whose fathers or grandfathers may have owned some of these plots in County Meath. Many of their ancestors originally came from the west and they were very welcome and they played a major role in our county. They also came from County Kerry, Deputy Deenihan's county, and people like Colm O'Rourke came from Leitrim. Some great people migrated through the Land Commission. We have some great people from the Minister of State's area who came to my area of County Meath, around Kilskeer, Crossakeel and Ballinlough. I would like to see their sons or daughters, who had to emigrate to America, England, Australia and Canada — in my youth, to go to Dublin was similar to emigrating — come back. If those people want to come back to County Meath and acquire a site under the new guidelines, it should be made available to them. However, I am anxious that a specific clause be inserted in the legislation relating to these cow plots that stipulates they cannot be sold on the open market. I plead with the Minister of State in this regard and I know, given where he comes from, he would have concern for such people. He must make sure the big tycoons cannot buy these lands because I would not like to see that happening.

We all know the paper mountain is one of the great challenges facing modern farming. I welcome the single payment system as it reduces the level of paperwork and I am delighted to see the Minister continuing to reduce the paperwork that farmers must complete. I particularly welcome the removal of section 12, which required the approval of the land commission and more recently, the Department, before subdivision of holdings could take place. For many farm families, giving a site to a family member who is not going the inherit the farm is considered the fairest family settlement. Currently, any such subdivision of more than one hectare requires the approval of the Department. While the original intention of this provision was to prevent fragmentation of farms, economics has now driven farming in such a direction that the provision of small sites for a house does not compromise the holding itself. Indeed, many young people in rural communities would find it very difficult to establish a family home without the aid of a site from their parents. Rural communities would be deprived of many young, talented people if such family arrangements were not established practice and many elderly farmers would not have family support and assistance in their old age.

Debate adjourned.