Ireland -- Politics and government -- 1901-1910; Land tenure -- Ireland
would certainly abolish this mode of procedure; I would instead of it give
the landlord a power to sell the tenant's lands, by a procedure analogous
to that of bankruptcy, should default be made in the payment of the rent,
or rather the rent-charge that might be due. The advantage to both
landlord and tenant would be great: the first would have a remedy more
expeditious and just than he has; the second, should the land be sold and
lost to him, would, as a rule, have a surplus over and above his debts;
unlike what is sometimes the case in evictions, he would realise for
himself his whole legitimate interest in the land. This single reform
would do much to make 'fair rent' a less onerous charge than it now is.
By these means the status of the Irish landlord would be made by many
degrees more secure; the Irish tenant would acquire an interest in the
land much more durable and stable than he has now, in fact, nearly
equivalent to full ownership, subject to a rent-charge; and if his
interest were made a perpetuity, as I hope would be the case at last, he
would be assimilated to an owner subject to a perpetual rent, or to an
English copyholder subject to a similar render. This is the position Burke
proposed he should have, considerably more than a century ago;[149] it is
that which has been advocated by John Stuart Mill, and, I am happy to add,
by Mr. John Morley; it is the only position, compatible with common sense
and justice, which the new Irish land code has left possible, for I put
the quackery of compulsory purchase out of sight, and voluntary purchase
is a bad half-measure. The great subject of fixing rent by the State would
remain; for, unjustifiable as this expedient is, it is impossible, after
what has happened, to dispense with it. Without imputing personal motives
or moral blame to any one, the Land Commission and its Sub-Commissions
ought, I am convinced, to cease to be the agency to fix 'fair rents;'
however unconsciously, in my judgment, they have often proceeded on false
principles, and have done immense, if not wilful wrong; they are decried
by landlords and tenants alike in Ireland. Besides, there is a
constitutional objection to their adjusting rent; the Land Commission is
entrusted with the task of carrying out 'land purchase;' it has a direct
inducement to whittle rents away, in order to facilitate the sale of land;
its interest and its duty are thus placed in conflict. Be this as it may,
my plan for fixing 'fair rents' in Ireland by the State would be
altogether different. In the first place, a definition of 'fair rent'
should be made by statute, and should dominate, so to speak, the subject;
the omission of this criterion has caused grave injustice. This having
been made, I would adjust Irish rents by a method much better, I believe,
than that now in existence. A body of competent and well-paid valuers of
land should be formed--there would be no difficulty about this in
Public-domain text, read in full here on John Shaqi.
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