Dáil debates

Thursday, 24 November 2005

Registration of Deeds and Title Bill 2004 [Seanad]: Second Stage.

 

2:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)

The statutes go back to the Statute of Westminster 1285. Given that there are 150 pre-1922 statutes, it is great that we are at last getting around to repealing many of them. The codification of law and the repeal of pre-1922 statutes should be part and parcel of ongoing Government activity. This Bill has the effect of dealing with many of those statues. When one considers what has been covered in military and social history from the Flight of the Earls to the confiscation of the land, Tudor times, the acts of settlement, the Penal laws, land Acts, the burning down of the Customs House, the burning of the Four Courts and ground rents, the difficulty in establishing deeds and titles is colossal and can certainly be a tortuous and complicated process. A few problems arise as a result of this. Who will carry out the work of registration? Who will supervise it? Who will ensure there are no errors in the registration?

I understand when the genealogical records were being transcribed for computerisation purposes that it was an absolute disaster. Those who were employed were not au fait with the archaic and the arcane language one gets in genealogy. The texts were obviously complicated. Errors were manifest and manifold. We are talking about the most arcane and archaic language one is ever likely to come across. While the authority is established to carry out and supervise the work, how will it take place? From where will the skilled staff come to carry out this work? How are we to ensure mistakes similar to those made in the transposing of genealogical records for computerisation purposes will not be made? Who will check mistakes do not take place? It is a serious matter. Obviously, the paper trail will remain. However, once the register is computerised, who will go through the searches to double check? How will we ensure such errors in the most complicated deeds, documents and titles can be avoided?

In some cases there are no deeds or title. Dublin City Council has built on acres of land for which it has no title. As it cannot find deeds or title, it creates the title but it only creates it when a tenant decides to buy his or her home. Local authorities are sitting on portions of land. Many other portions have no title. The Minister knows all about the burning of the Four Courts and the Custom House as his family was involved.

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