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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Property Ownership.

Subdivision of farms for family members

Summary

Treacy sought legislation allowing registered owners to divide farms among family members, citing young farmers and families’ need to establish themselves and obtain borrowing collateral. Deasy said the law is under review and that avoiding unviable holdings remains central, though he favours greater leniency, especially for farmers in financial difficulty. Of 5,857 subdivision applications in 1983, 148 were refused; he could not specify the reasons for those refusals.

asked the Minister for Agriculture if he will draft immediate legislation to ensure that farmers that are registered owners of land will not be denied the right to divide their farms among members of their family at any time in the future; if he is aware of the serious difficulties being created for farmers and their families who are being denied their rights; and if he will make a statement on the matter.

Comment on this
Austin Deasy Minister for Agriculture (Mr. Deasy) Fine Gael

The question of amending the existing legislation relating to the subdivision of agricultural holdings is at present under examination.

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Does the Minister agree that in the west there is major interest by young farmers to stay and work on the land? Registered farm holders have been denied the right to divide their farms among their sons on the basis that they would be creating uneconomic holdings. Surely these farmers should have the right and the opportunity to divide their farms among their families? Is he further aware that because they are being denied this right not alone can people not establish themselves on the land but it is also denying them the right to collateral so that they can borrow money from banks and lending institutions to build a house on the land——

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Thomas J. Fitzpatrick An Ceann Comhairle Fine Gael

The Deputy should really think about Question Time and look at Standing Orders. You have made a long speech.

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In view of this, would the Minister introduce emergency legislation to ensure that registered farmers can divide the land among members of their families?

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I got lost during the course of the Deputy's speech.

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That is the trouble with the Minister; he is lost all the time.

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I am not lost, that is the Deputy's problem——

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Ned O'Keeffe Mr. E. O'Keeffe Fianna Fáil

Mr. Mitterand will get you.

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I detect a departure from the bipartisan attitude by that remark of Deputy O'Keeffe. In reply to Deputy Treacy, we have to be concerned that as a result of subdivision we do not create unviable farm units. That is the major consideration which we must take into account. If Deputy Treacy knows of individual cases where a farmer was not allowed to subdivide so that his children could inherit a portion of his farm, while at the same time creating viable units, I should be glad to hear details and I will bring it to the attention of the lay commissioners in the Land Commission.

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I am delighted with the offer from the Minister because I have a number of cases which have been rejected during the past year. How many sub-division applications have been rejected by the Land Commission in the past 12 months?

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In 1983 there were 5,857 applications and 148 were refused. I would be in favour of a policy of leniency in regard to sub-division, particularly for farmers who are in financial difficulty. I do not think the line should be as rigid as it has been in the past. While I am not in favour of rigidity being retained, I am not saying that it should be open-ended.

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Could the Minister say why these applications were refused?

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There were 5,857 cases and I could not possibly give a run down. I presume the reason is that it would have created non-viable holdings.

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