The New Irish Constitution: An Exposition and Some Arguments
History
The New Irish Constitution: An Exposition and Some Arguments
Home rule -- Ireland; Ireland -- Politics and government
In May, 1845, Lord Devon declared in the House of Lords that if a Bill
were passed giving tenants compensation for improvements made by them in
the land “it would much strengthen the industry of the people of Ireland.”
In the same year Lord Stanley, in behalf of the Government, introduced a
Bill proposing that tenants should be entitled to compensation, on
disturbance, for prospective improvements of a permanent nature, made with
the consent of the landlord; or, without his consent, provided the
improvements had been effected with the authority and approval of a
Commissioner of Improvements, to be specially appointed for the purpose.
The functions of the Commissioners were to inspect the lands, and to
examine and inquire whether they would “bear” improvement; and then, if he
thought well of it, to authorise the works contemplated by the tenant and
to award, in case of eviction, such measure of compensation as was deemed
fair and equitable. This Bill was read a second time, then referred to a
Select Committee, and abandoned. In 1846 substantially the same Bill was
brought forward by the Government, and read a first time. Then the
Government fell and the Bill disappeared. In 1847, Mr. Sharman Crawford
brought forward a Bill to extend the Ulster Custom (practically fixity of
tenure and free sale) to the rest of Ireland. The Government—a Liberal
Government—took no interest in the subject. Crawford spoke to empty
benches and the Bill was defeated on the second reading by an overwhelming
majority. In 1848 Crawford brought forward his Bill again, and it was
again defeated. In the same year the Government brought forward a Bill
which was the same as the Government Bill of 1846. It was read a second
time, then referred to a Select Committee and heard of no more that
session. So far Parliament had done nothing to carry out the
recommendations of the Devon Commission—nothing for the protection of the
tenants. But in 1849 Lord John Russell passed a Bill for the relief of the
landlords—a Bill giving landlords facilities for selling their encumbered
estates. This measure is well known as “The Encumbered Estates Act.” Let
me quote what Lord Russell of Killowen said about it before the Parnell
Commission:
“It is hardly conceivable that a Legislature in which Ireland was
represented—imperfectly, it is true—that a Legislature purporting
to deal with Ireland should have so misconceived the position as
to have passed that Act. For what did it do? It sold the estates
of the bankrupt landlords to men with capital, who were mainly
jobbers in land, with the accumulated improvements and interests
of the tenants, and without the slightest protection against the
forfeiture and confiscation of these improvements and interests,
at the hands of the proprietor newly acquiring the estate. It was
intended, I doubt not, to effect good. It proved a cause of the
gravest evil.”
Public-domain text, read in full here on John Shaqi.
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