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
What a mockery of legislation! The Devon Commission had reported in favour
of the tenant’s claims, and recommended the enactment of laws for his
protection. Parliament passed an Act introducing into Ireland a new set of
landlords who were worse than the old, and leaving the tenant hopelessly
at their mercy.
In 1850 the Irish Secretary of the day brought in a Bill (practically the
same as Lord Stanley’s Bill of 1845) giving the tenant compensation for
improvements. The Bill was read a second time, committed, and dropped. In
the same year Sharman Crawford again introduced his “Tenant Right” Bill,
but it was never read a second time.
In November, 1852 (when the Irish Parliamentary Party held the balance
between English parties),(153) the Tory Government introduced a Bill
giving to the tenant compensation for improvements, prospective and
retrospective, made by him in the land. The Bill was read a second time
without opposition in December and then referred to a Select Committee.
When the Whigs came into office in 1853 they took up the measure which,
subject to certain alterations, was approved of by the Select Committee.
The Bill was finally read a second time in the Lords and then dropped for
the session. It was reintroduced in 1854, and read a second time in the
Lords; referred to a Select Committee, condemned by the Committee, and
lost. Between 1854 and 1860 Land Bill after Land Bill was introduced by
the Irish Parliamentary Party for the purpose of giving compensation to
tenants for improvements, but all were rejected. Finally (in 1860),
imitating the example of 1849, the Whig Government of the day passed a
Land Act in the interests of the landlords. Let me describe this Act in
the words of Lord Russell of Killowen. “This was an Act passed to help the
landlords, and not one passed for the protection of the tenants. It turned
the relation between landlord and tenant from relation by tenure into
relation by contract;(154) it gave certain facilities in the matter of
proceedings in ejectment; it recognized and formulated what had been an
existing law in Ireland—going back for a long period—a state of law
unknown in this country. I mean the right of ejectment, pure and simple,
for non-payment of rent.” The recommendations of the Devon Commission were
not only not carried out but were absolutely ignored. Happily however the
Act proved a dead letter. “This enactment,” said the Bessborough
Commission of 1881, “has produced little or no effect. It may be said to
have given utterance to the wishes of the Legislature, that the
traditional rights of tenants should cease to exist, rather than to have
seriously affected the conditions of their existence.” It was in reference
to the Encumbered Estates Act, and this Act, that Mr. Gladstone once
exclaimed in the House of Commons: “In our very remedies we have failed.”
Public-domain text, read in full here on John Shaqi.
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