Mr Gladstone on the Irish Land Bill.
In the House of Commons, on April 7th, Mr Gladstone introduced the Irish Land Bill, and said—This was the most difficult question he had ever met with in the course of his political life. He felt satisfaction as exchanging the dreary work of repression for the legislation of improving and forming character. The grounds which induced the Government to deal with the Land question were not that the Irish landlords are bad, not that appeals to the associations of Irish people have been made by persons whose wild proposals are but little removed from the schemes of public plunder. The Irish people declare they do not desire expropriation ot landlords, or the confiscation of the property of others, but they do desire to cultivate in security the land of the country, and enjoy the fruit of their labour, paying a fair rent for the land. These being the views of the Irish people, we have a broad basis on which to found legislation. It is not just to say legislation is necessary because of the faults of the Irish landlords. They have stood their trial, and, as a rule, have been acquitted, although the proceedings of a limited number of them have been arbitrary, harsh, and cruel. This is partly, but not solely, the reason for the necessity of legislation we are about to introduce.
Mr Gladstone then referred to the partial failure of the Land Act of 1870, which he attributed mainly, though not wholly, to the amendments which the Government had disapproved. He then reviewed the reports of the Richmond and Bessborough Commissions, which he declared, notwithstanding the conflicting authorities and recommendations, had been of the greatest service to the Government. The Richmond Commission with one dissentient, and the Bessborough Commission unanimously, agreed in recommending the establishment of a Court to deal with the differences between landlord and tenant regarding rent. Two great questions are to be dealt with—first, the relations between landlord and tenant ; and second, the advances from the public exchequer. He declared that never, as Minister, had he submitted any measure with a greater sense of the enormous moment of the topics and of the propositions involved ; and, he added, nothing that can be legitimately done by the Government for the promotion of legislation shall we hesitate to do to procure the passage of effective measures to deal with the land question of Ireland. He then examined and justified in detail the principle of the measure, beginning with the right of assignment or free sale, which he declared already existed by common law and custom. Before the Act of 1870 the interest which the tenant had to assign was so small as to be worthless. Under that Act the tenant had the right to the shape of compensation.
The present bill does not introduce the unregulated tenant right. The provision is made for preventing it from passing into extravagance and protecting the just rights of landlords by bringing into fair competition the tenant’s right to assign and the landlord’s right to get what his land is reasonably worth. A cardinal feature of the Bill is the institution of a Court to take cognizance of rent, and which will not be debarred from taking cognizance of tenure and assignment. There are strong grounds making a resort to this Court optional instead of compulsory. There may be tenants who do not desire the interference of this Court. Every existing tenant might call in this Court to fix the judicial rent for fifteen years, during which there could be no change, no eviction, except for breach of certain specified covenants. The Ulster law will remain as now, and the tenants’ option, but the tenant will have protection in the general provisions of the Bill for controlling the augmentation of rent. Power to contract outside the Act is given where the rent amounts to £2OO yearly. The Land Court will have final authoritv over all land cases.
It is to consist of three persons—one of whom must be a Judge or an ex-Judge of the Supreme Court. Its proper seat will be at Dublin, but extra Commissioners, and, if necessary, sub-Commis-sioners, will be appointed. Civil Bill Courts will be Courts of first instance. It is proposed to assist tenants to purchase their holdings, and invest the Courts with power to purchase lands from landlords desiring to sell and resell them, retaining the title as guarantee for the repayment and against subdivision, Advances will be made to owners, tenants, and solvent companies, formed for the purpose of reclaiming land, or for other agricultural improvements, on condition that advances do not exceed the amounts the borrower has laid out on his own behalf. Advances will also be made to assist emigration. This will be under control of the Land Commission, subject to the consent of the treasury. It is not proposed to place any limit on these advances beyond making them secure. Mr Gladstone concluded by saying; “Justice is to be the principal guide in England in regard to Ireland. ”
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Patea Mail, 17 May 1881, Page 3
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846Mr Gladstone on the Irish Land Bill. Patea Mail, 17 May 1881, Page 3
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