Written answers

Tuesday, 11 July 2023

Department of Agriculture, Food and the Marine

Turbary Rights

Photo of Alan DillonAlan Dillon (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

573. To ask the Minister for Agriculture, Food and the Marine if he can provide any historical evidence or documentation from the period 1906 to 1923 that confirms the completion of a purchase agreement by the Congested Districts Board for a parcel of land (details supplied); and if he will make a statement on the matter. [33935/23]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Officials in the Lands Branch of my Department have informed me that the records held relating to the lands in question contain a document which shows that in May 1906 the CDB acquired the entire estate of Nolan Ferrall in Co Mayo containing an area of 6423a-2r-4p which includes the area of 86a-0r-13p detailed above. The lands were subsequently registered on Folio MY4933 as being in the ownership of the Congested Districts Board for Ireland. I can arrange to have copies of these documents made available to the Deputy should he wish to view same.

Photo of Alan DillonAlan Dillon (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

574. To ask the Minister for Agriculture, Food and the Marine if he can address the issue of turbary rights and the ownership of a parcel of land (details supplied) of bog/land; if the Irish Land Commission has the responsibility to deal with this area; if he has the right, as Minister, to hold the title given that the land has been paid for by the tenant purchasers; and if he will make a statement on the matter. [33936/23]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Officials in the Land Branch of my Department have informed me that following the acquisition of the Nolan Farrell estate the entire townland of Derry, Knock, Co. Mayo comprising 271a -2a- 20p was registered on Folio MY 4933 on 3 May 1906 as being in the ownership of the Congested District Board (CDB). Thereafter, a Vesting and Charging Order dated 14 of February 1911 vested an area of 185a-2r-7p in the four occupying tenants at that time which left a balance of 86a-0r-33p on the folio. This remaining 86 acre area corresponds with the area the Deputy is enquiring about. I am satisfied that the area of land at issue here is land that remains in the registered ownership of the Trustees of the CDB. The CDB was wound up in 1923 and all property vested in it was transferred to the Irish Land Commission (ILC) under section 7(2) of the Land Law (Commission) Act 1923. The ILC has since been dissolved and all property vested in it has transferred to me as Minister for Agriculture under s. 5 of the Irish Land Commission (Dissolution) Act 1992.

With regard to turbary rights over this land I am informed that when the CDB began dealings with the townland of Derry, the parcel detailed above was subject to existing turbary rights, the details of which are recorded on the Schedule of Areas. The Schedule of Areas is a document drawn up by the former CDB/ILC to record what the occupancy position was at the time the lands were acquired. This document forms part of the historical records held in my Department relating to the CDB dealings with these lands.

Photo of Alan DillonAlan Dillon (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

575. To ask the Minister for Agriculture, Food and the Marine if, given that a parcel of land (details supplied) was subject to dual ownership, he can clarify whether there was any evidence of tenants surrendering their interests, either through formal agreement, purchase, or court order; and if he will make a statement on the matter. [33937/23]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Officials in the Lands Branch of my Department have informed me that, having examined the relevant estate files, there are no records held to support the statement relating to dual ownership of the lands detailed above. These lands were not recorded as being occupied by tenants when the lands were acquired. Records held note these lands as being in the ownership and occupation of the landlord and were subject to active turbary rights.

Photo of Alan DillonAlan Dillon (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

576. To ask the Minister for Agriculture, Food and the Marine to confirm if the Congested Districts Board authorised, under any Land Act, regulations at the time to seize lands occupied by tenants without formal agreement or purchase; if so, under which specific provisions; and if he will make a statement on the matter. [33938/23]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I am informed by my Officials that it is not possible to provide the information sought within the short timeframe available given that research will have to be undertaken before a definitive reply can issue. I am assured however that my Department will reply to the Deputy within the next two weeks.

Photo of Alan DillonAlan Dillon (Mayo, Fine Gael)
Link to this: Individually | In context | Oireachtas source

577. To ask the Minister for Agriculture, Food and the Marine to explain the detailed system that the Congested Districts Board used to purchase land from tenants and the terms of repayment that were agreed upon; if it can be confirmed that the tenants repaid the full cost of the purchase; and if he will make a statement on the matter. [33939/23]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I am unable to supply the information sought by the Deputy on the detailed system that the Congested Districts Board used to purchase land from tenants because this information has been lost to the Department.

The Congested Districts Board of Ireland was dissolved under legislation in 1923 and my officials do not have any knowledge of these matters. I can clarify however that the CDB never purchased land from tenants. I am informed by my Officials that this fact together with the lack of any specific land identified in your question means that my Department is unable to provide any further information to you on this matter.

Comments

No comments

Log in or join to post a public comment.