A history of the Irish poor law, in connexion with the condition of the people

by Sir George Nicholls

The 16th section of the Report commences with the declaration “We now come to measures of direct relief for the poor.” After adverting to the Poor Laws of England and Scotland, the one carried into universal effect by local assessments, and the other “in general supported by voluntary contributions administered by officers known to the law and responsible to it”—the commissioners say “they have shown by their second Report that the institutions existing in Ireland for the relief of the poor are houses of industry, infirmaries, fever hospitals, lunatic asylums, and dispensaries; that the establishment of these, except as to lunatic asylums, is not compulsory, but dependent upon private subscriptions, or the will of grand juries; that there are but nine houses of industry in the whole country; that while the provision made for the sick poor in some places is extensive, it is in other places utterly inadequate; and that there is no general provision made for the aged, the impotent, or the destitute.” Much, it is added, is certainly given in Ireland in private charity, “but it is not given upon any organised system of relief, and the abundant alms which are bestowed, in particular by the poorer classes, unfortunately tend to encourage mendicancy with its attendant evils.”

The commissioners then declare that upon the best consideration they have been able to give to the whole subject, they think that a legal provision should be made, and rates levied, “for the relief and support of incurable as well as curable lunatics, of idiots, epileptic persons, cripples, deaf and dumb and blind poor, and all who labour under permanent bodily infirmities—such relief and support to be afforded within the walls of public institutions; also for the relief of the sick poor in hospitals, infirmaries, and convalescent establishments, or by extern attendance and a supply of food as well as medicine where the persons to be relieved are not in a state to be removed from home; also for the purpose of emigration, for the support of penitentiaries to which vagrants may be sent, and for the maintenance of deserted children; also towards the relief of aged and infirm persons, of orphans, of helpless widows with young children, of the families of sick persons, and of casual destitution.”

For effecting these several purposes, it is recommended that powers should be vested in Poor Law Commissioners as in England, “for carrying into execution all such provisions as shall be made by law for the relief of the poor in Ireland, and that they shall be authorized to appoint assistant-commissioners to act under their directions.” It is proposed that the commissioners should divide the country into relief districts, and cause the lands of each to be surveyed and valued, with the names of all proprietors of houses or lands and of all lessees and occupiers thereof, and the annual value of such houses and lands respectively, the same to be lodged at such place within the district as the commissioners shall appoint, and public notice thereof to be given.

It is also recommended that a board of guardians should be elected for each district by the ratepayers, consisting of proprietors, lessees, and occupiers, a certain number of the board to go out each year and others to be elected in their stead. The board of guardians to have the direction of all the institutions for the relief of the poor within the district which are supported by local rates, and to cause them to be duly upheld and maintained. If any district refuse or neglect to appoint guardians, or when appointed if the guardians refuse or neglect to act, the Poor Law Commissioners to be empowered to appoint assistant-commissioners for such district with suitable salaries, who are to exercise all the powers of the board of guardians. The salaries to be paid by a rate on the district.

It is likewise proposed that there should be so many asylums in Ireland for the relief and support of lunatics and idiots, and for the support and instruction of the deaf and dumb and blind poor, so many depôts for receiving persons willing to emigrate, and so many penitentiaries for vagrants, as the Poor Law Commissioners shall appoint—that these several establishments should be national, and that for maintaining them &c. the commissioners should be empowered to rate the whole of Ireland, and to require the boards of guardians to raise a proportional share thereof in each district, according to the annual value of its property. It is moreover recommended that there should be in each district an institution for the support and relief of cripples, and persons afflicted with epilepsy or other permanent disease; also an infirmary, hospital and convalescent establishment, and such number of dispensaries as may be necessary, the whole to be provided for by local assessment. A loan fund administered according to regulations approved by the commissioners, is likewise recommended to be established in every district.

With regard to emigration, as the whole United Kingdom will, it is said, “be benefited in a very great degree, and particularly in point of revenue, by the improvement which extensive emigration coming in aid of a general course of amelioration cannot fail to produce in Ireland, one-half of the expense should, the commissioners submit, be borne by the general funds of the empire.” And considering the particular benefit which Ireland will derive from it, and especially those landlords whose estates may thus be relieved from a starving population, it is proposed that in rural districts the other half should be defrayed partly by the national rate, and partly by the owners of the lands from which the emigrants remove, or from which they may have been ejected within the preceding twelve months. It is further proposed that all the necessary arrangements for carrying on emigration, should be made between the Poor Law Commissioners and the Colonial Office; “and that all poor persons whose circumstances require it, shall be furnished with a free passage and with the means of settling themselves in an approved British colony;” and likewise—“that the means of emigration shall be provided for the destitute of every class and description who are fit subjects for emigration; that depôts shall be established, where all who desire to emigrate may be received; that those who are fit for emigration be there selected for the purpose, and that those who are not shall be provided for under the directions of the Poor Law Commissioners;” who will moreover be authorized to borrow moneys from the Exchequer Bill Loan Commissioners for the purposes of emigration, or for defraying the cost of any buildings they may think necessary, and also “to secure the repayment thereof by a charge upon the national rate.”

The commissioners likewise propose that the laws with respect to vagrancy should be altered. “At present,” they say, “persons convicted of vagrancy may be transported for seven years—our recommendation is that penitentiaries shall be established to which vagrants when taken up shall be sent; that they be charged with the vagrancy before the next quarter sessions, and if convicted shall be removed as free labourers to such colony, not penal, as shall be appointed for them by the Colonial Department.” But the wages earned in the colony are to be attached until the expense of their passage be defrayed; and it is added by way of summary, that by such provisions as are now suggested, “all poor persons who cannot find means of support at home, and who are willing to live by their labour abroad, will be furnished with the means of doing so, and with intermediate support, if fit to emigrate; and if not, will be otherwise provided for, while the idle who would rather beg than labour, will be taken up, and the evil of vagrancy suppressed.”

The 58th George 3rd, cap. 47, and an Act of the following year (cap. 41)[^[65]] amending the same, are then referred to, and the commissioners recommend that the powers given by these Acts to vestries should be transferred to the boards of guardians of each district, and that officers of health should be elected by them for every parish within their jurisdiction—such officers of health to grant tickets of admission to the next emigration depôt to any poor inhabitants of their parish who may, on behalf of themselves or their families, demand the same; and also, where necessary, to procure means for passing such persons to the depôt. The officers of health are moreover to pass all persons taken up under the provisions of the above Acts to a penitentiary, and also to cause all foundlings to be sent to nurse, “and when of a suitable age to cause them to be removed to an emigration depôt, from whence they may be sent to an institution in some British colony, which shall be appointed for receiving such children, and training and apprenticing them to useful trades or occupations.” The officers of health are also to provide in like manner for all orphan children,[^[66]] and the funds for the several purposes are to be raised by local assessment in the district. Provision is likewise to be made at each depôt for receiving the persons sent thither by the officers of health, such persons to be there supported and set to work until the period for emigration arrives; and any persons who after entering an emigration depôt shall leave it, “without discharging such expenses as may have been incurred with respect to them, or who shall refuse to emigrate, shall be subjected to the provisions recommended with respect to vagrants.”

With respect to the relief of the aged and infirm, of orphans, helpless widows with young children, and destitute persons in general, it is stated that there is a difference of opinion—some of the commissioners “think the necessary funds should be provided in part by the public through a national rate, and in part by private associations, which, aided by the public, should be authorized to establish mendicity-houses and almshouses, and to administer relief to the indigent at their own dwellings, subject however to the superintendence and control of the Poor Law Commissioners; while others think the whole of the funds should be provided by the public, one portion by a national rate and another by a local rate, and should be administered as in England by the board of guardians of each district.” The majority are however of opinion, “that the plan of voluntary associations, aided by the public, should be tried in the first instance.” Recommendations are then made as to the mode of raising and apportioning the rate. The commissioners have, they say, “anxiously considered the practicability of making the rate payable out of property of every description; but the difficulty of reaching personal property in general by direct taxation, except through very inquisitorial proceedings, has obliged them to determine on recommending that the land should be the fund charged in the first instance with it.”

There being, the commissioners say, reason to believe that the landed property of Ireland is so deeply encumbered, that a rate might absorb the whole income of some of the nominal proprietors, the Masters of the Court of Chancery were consulted on the subject, and from the facts they stated, “it appears that the average rent of land is under 1l. 12s. 6d. the Irish acre, equal to about 14s. 2d. the English; that the gross landed rental of Ireland amounts to less than 10,000,000l.; that the expenses and losses cannot be taken at less than ten per cent., nor the annuities and the interest of charges payable out of the land at less than 3,000,000l. a year; so that the total net income is less than 6,000,000l.” The commissioners think therefore, that the encumbrancers should bear a share of the burden, and recommend “That persons paying any annual charge in respect of any beneficial interest in land, shall be authorised to deduct the same sum in the pound thereout, that he pays to the poor-rate.” They also recommend “that the original rate shall never be raised by more than one-fifth, unless for the purpose of emigration.”