The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1883-03-17 00:00:00

THE LAND LAW (IRELAND) ACT, 1881, AMENDMENT

BILL.

In the HOUSE 07 Coentoele, March 14, Mr. Parnell, in
moving the second reading of this Bill, said it was drafted
to remedy certain defects in the Act of 1881, some of which
were foreseen and pointed out when the Act was passed,
and others which had become evident during the working
of the Act, and had arisen in consequence of the Judie.
ment in the case of "Adams v. Dunseath." It also provided
for the inclusion of certain classes in benefits of the Act
who were left out, such as leaseholders and occupiers of town
parks; while it proposed the extension of the purchase
clauses. The chief provisions of the Bill were as follow :-
1, The dating of the judicial rent for the next gale-day
succeeding the tenant's application to the Court ;
2. Power of the Court to suspend ejectment proceedings,
and for the recovery of rent, pending the fixing of a fair
rent, upon payment by the tenants of a rent equal to the
poor law valuation of his holding. 3 Definition of the
term improvement, as any • work or agricultural labour
executed on the holding which adds to its value, or any
expenditure of labour or capital which adds to its value.
4. Direction to the Court that in fixing a fair rent,
the increase in the letting value of the holding arising
from the improvements effected by the tenant or his pre-
decessor in title shall belong to the tenant, and the landlord
shall not be permitted to make an increase of rent in respect
of that increased value. b. The use and employment by
the tenant of his improvements, or the forbearance of the
landlord to exact an increased rent in respect of the im-
provements effected by the tenant or his predecessors in
title, shall not be held compensation for such improvements.
6. Presumption as regards the making of improvements
is to be in favour of the tenant 7. Power is given to
lemeholders to apply to the Court to fix a fair rent, and
to holders of town parks. 8. The Land Commission
Is directed to advsnce the full ameunt of the purchase money
to tenants purchasing, and in cases of tenants under £3O
valuation they are allowed to extend the period of repayment
to 62 years. The Prime Minister had always said that the
action of the Land Act would be to facilitate mutual agree.
ments between landlord and tenant, and that had been so to
a limited extent, but not te the extent which had been
anticipated, for out of 500,000 holdings in Ireland, there
had been, in eighteen months, but 23,000 judicial deci-
sions, and 22,000 settlements without the intervention of
the Court ; while, owing to the naturally tardy action
of the Courts the landlord who intended to fight his
tenant to the last, was able to put off the fixing
of the judicial rent for years, and all the while to exact the
rack rent from the tenant. That was the chief obstacle to
the mutual settlement between landlord and tenant. The
kernel of the Bill was that part which defined the nature of
the improvements for which the tenants claimed exemption
for rent. No country in the world could be more benefited
by' works of agriculture 1 improvement than Ireland, but
tenants would not wake their improvements if they were
to receive no benefit for their work. The only protection
which the Act of 1881 gave them was to enable them to pay
back out of the result of their improvements a portion of
the money they had borrowed for the purpose of making
them. With regard to the limitation of the tenant's right
to the improvements, the Court had decided that in respect
of improvements made before 1881 they should take into
consideration the length of time during which such tenants
had been in enjoyment of such improvements, and should
hold that he had been compensated by such enjoyment.
He must remind the House that the Prime Minister
had himself stated that he did not recognise
that principle. The hon. member proceeded to quote
extracts from the speeches of the Prime Mini ter in support
of his contention. In conclusion, he urged the time of the
House could not be better employed than in an attempt to
settle this great question. Whilst Ireland was tranquil let
the House show that it desired to attend to the just wants
and requirements of Ireland. (Irish cheers) They had an
unanswerable case for a revision of the improvement clauses
of the Act. Let it not be said hereafter that becanse
Ireland was quiet the Government refused to do anything
for her. They could not continue to govern Ireland always
by means of coercion, and he ventured to think that it was
quite as much in the interests of the landlords to take
advantage of the present time of tranquility to help in the
permanent settlement of. this question, as it was in the
interest of the Government and of every class in that
country. (Cheers.)

Mr Chaplin, in moving the rejection of the Bill, said he
thought the Bill might be opposed either on the ground
that it was most inexpedient to reopen the Irish Land Ques-
tion in that direction at the present time, or on the merits
el the Bill itself. In the course of his speech the hon
member quoted from speeches of Lord Hartington and the
late and the present Earls of Derby in support of his argu-
ment that Ireland needed rest from exciting legislation, and
concluded by remarking that the passing of the Bill would
involve nothing more nor lees than a complete social revo-
lution in the position of the ownership of land in Ireland.
(Loud Opposition cheers.)
Mr T. A. Dickson' in supporting the Bill, suggested that
It should be amended in the direction of certain resolutions
recently passed by the 'Ulster Tenant Right Association.
Those amendments were that the judicial rent should com-
mence from the date of notice of application, that no rent
should be charged on tenants' improvements, that lease-
holders should be brought within the scope of the Act, and
that there should be an expansion of the purchase clauses.
Mr. Gladstone said there were two classes of opponents of
the Land Act. One class, as represented by Mr. Chaplin to-
day, denounced it as a measure of confiscation, and another,
as represented by the Horne-rule party, objected to it as In
sufficient. With regard to Irish Liberal members like the
last speaker, the Government were much indebted to them
for assistance in carrying the Act, and were pained to have
to refuse them anything. But to all classes the Govern-
ment owed the duty of declaring in straightforward terms
their intention on the present occasion. He did not agree
with Mr. Parnell's view of the very limited present opera-
tion of the Land Act. Much of its operation was not visible
at first sight, and could not be adequately judged by
the figures quoted of decided cases. It must be remem-
bered that besides the decisions of continuous cases, the
number of settlements by agreement between landlord and
tenant was at the rate of 5,600 per month. Moreover,
the system of judicial decisions of fair rents had been much
Improved by the appointment of judicial valuators, awl
the number of judicial decisions had risen from 14 to
NO per day. But the House must also take into view the
great number of reductions of rent which had been made
without going into Court at all. These reductions must
certainly be credited to the influence of the Act. He be-
lieved there was a large section of the tenants in Ireland
who were satisfied with their landlords and their rents,
and did not want anything from the Act; but, having
regard to those who did, he believed that in the main
the Act was effecting the great purposes for which it
was passed. (Hear, hear.) Turning now to the Bill of
the hon. member for Cork, he must say the Government
differed organically from its proposals, which amounted
to a virtual reconstruction of the Act. (Hear, hear.)
The hon. member invited the House to concur with him
In the assertion that the land quesiion in Ireland was not
settled. The Government certainly were not prepared te
allow any disturbance of the fundamental provisions of the
Act. (Cheers). He had admitted that there were amend-
ments In detail which might fairly be proposed with
regard to the Land Act. There were, for instance,
the questions of town park holdings, and the date from
which judicial rents should apply. As to leases, the
Government had always maintained that they would
not interfere with rents under leases, except under very
special circumstances. On neither of these points could
they accept the proposals of Mr. Parnell's Bill. The Go•
verntnent desired to strike an equitable balance between
the different interests involved, but it would be impos-
sible to apply a legislative remedy to every case of pos.
eible hardship. They must distinctly decline to en-
courage any disturbance of the main provisions of the
Land. Act. Having stated that the Government could
give no support to the Bill now before the House,
he would add that the Government did not propose to
introduce a Bill of their own to deal with the points of
detail he had indicated. If they did so, advantage
would be taken of it to endeavour to force organic
chances. The need for amendment of details of the
Land Act was a secondary need, and thg Government
had to consider their means of securing the passing of
such a Bill. They could see no prospect of being at present
able to add to their legislative engagements, and neither
would they undertake to support a private members' Bill
on the same subject, He was grieved that the legitimate
desire of the amendment should not be gratified, but looking
at the circumstances of the Empire, at the sacrifices which
had already been required et certain classes in Ireland, and
at the fact that the Land Act had secured substantial
justice, the Government could not ask Parliament to enter-
tain further proposals or changes which they did not believe
would be either for the honour or the advantage of the
country. (Cheers.)
Mr. Sexton, in the course of a lengthy speech, argued that
Mr. Parnell's Bill was really conceived in the interests o
all classes, and that it was a matter ef greater urgency thag
any English legislation. Whilst he foresaw that great son-
fusion wiauld ensue in Ireland upon the refusal of the
Prime Minister, he held that the persistent and continued
appeals of the Irish people would ultimately result in the
acceptance of the principles of the Bill. At the same time,
an encouraging reply, now giving a promise of adequate
legislation, would not only have been more statesmanlike,
but also more consistent with the dignity of Perliament,
and even with economy of the public time. (Home Rule
cheers, )
After some observations from Mr. Bryce and Mr.
O'Donnell, the Solicitor General said—lf this Bill were
passed all that the landlord would be entitled to was a fair
rent for the land in a state of nature. (No, and hear, heir.)
He protested strongly against the view that there was any
flaunting of a flag of defiance in the face of any members
when the Government said they could not support the Bill.
(Cheers.)
Mr. Shaw said he should support the second reading of
the Bill, as he did not think its provisions would entirely
upset the Land Act. There were, however, certain parts of
it upon which he should move Amendments in the Commit-
tee stage.
Mr. S. Smith was sure that there was a strong feeling
through the country earnestly to deal with any real grievauce
of Ireland represented to them in a reasonable manner, and
argued out in a way to convince their reason.
The House divided .—For the second reading, 63; against,
250; majority against, 187. The Bill was, therefore re-
jected.

Mr. Corbett moved the second reading it the Registration
of Voters (Ireland) Bill, and after some discussion tne debate
was adjourned.
After the transaction of some formal business, the Muse
adjourned.

-hich it I
Bill of exper