Joe Costello (Dublin Central, Labour)

I welcome the Minister of State. As Deputy Gerard Murphy stated, the legislation, while long overdue, is welcome. I commend the Law Reform Commission on its work preparing consultation documents, reports and draft legislation in this area. The commission has pointed the way forward and made it simpler for legislators to go about their business in an informed, professional fashion.

The purpose of the legislation is to provide a statutory basis for the registration of titles and deeds on computers and for a digital mapping system in preparation for electronic conveyancing. The registration of deeds has been dealt with by the Registry of Deeds since 1707 while the registration of titles was under the remit of the Land Registry. These functions will transfer under a new system to the property registration authority. Deputy Murphy felt that this body would not be democratic but it is more appropriate to establish such an authority to carry out this work rather than leaving it in the hands of the Minister. The issue is how these bodies and authorities are made answerable to the Oireachtas. I agree with Deputy Murphy's point that if one asks the Minister a question about the operation of the authority which will now be in place, he will kick to touch and say the issue does not involve him but the authority. He will give no answer.

I hope we can operate as we currently do with the Land Registry and Registry of Deeds which fall within the Minister's remit. It is up to us to amend the legislation in the Oireachtas to ensure that when we go down the road of appointing regulatory bodies and authorities, the relevant Minister should be able to come to the House and answer for them. It is not good for democracy if, when we table questions, as we do on a regular basis, whether involving the Health Service Executive or any other authority, the Minister then claims to no longer have any responsibility in the area since the passing of the relevant legislation. If we are lucky, a question will be referred to the authority in question, but the Department of Justice, Equality and Law Reform does not even do this. If I table a question which involves the Prison Service, or the Courts Service, the Minister refuses to answer, says it is not his business and tells me to contact the prison or courts service directly. He will not even refer my question to the Prison Service or the Courts Service. The Minister is deliberately reneging on his responsibilities. If I table for his colleague, the Tánaiste and Minister for Health and Children, a question which involves the Health Service Executive, she will courteously and cordially say that the matter is no longer her area of responsibility and that she will transfer my question to the Health Service Executive for a direct reply to me.

Different Departments operate differently. I welcome this legislation but call on the Minister to ensure that if we are setting up another authority, as we are doing under this legislation, it contains its democratic element in terms of responsibility through the Minister to this House. The Minister of State might talk to the Minister and see what mechanism can be put in place to ensure this.

The legislation is timely, although we would like to have had it before us earlier. I have been looking at the Estimates for the Land Registry and the Registry of Deeds, which were published last week. It seems that whoever compiled the Estimates did not know anything about this legislation or did not expect it to be passed in the year 2006, and certainly not this year. There is no increase at all in salaries, wages and allowances for the Land Registry and Registry of Deeds. It is clear, therefore, that no extra staff will be recruited. All the solicitors and barristers on the authority being established, the property registration authority, will get nothing from the Department of Justice, Equality and Law Reform because there is nothing in the kitty for them, nothing in the budget.

The Minister of State might indicate how this legislation will, if passed, be progressed, since there is no funding in place to progress it. There is not much sense in passing legislation, putting it on the shelf and then giving no funding to progress it. This will be expensive legislation. How will we compulsorily register all the land in the country currently not compulsorily registered unless there are employees and staff of the property registration authority registering it in every county? We can talk forever about e-conveyancing but if the land is not registered there is nothing with which to do e-conveyancing. That is the starting point. How can we get the land registered if we do not make provision for any extra staff? The authority will exist as a quango but will not exist in terms of doing the work. Unfortunately, this is reflective of much of the work of the Minister for Justice, Equality and Law Reform. He is strong on rhetoric but weak on action when it comes to delivering.

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