Finian McGrath (Dublin North Central, Independent)

I welcome the debate on the Registration of Deeds and Title Bill 2004, of which modernisation and efficiency are key parts. Land is very important in the psyche of the people. Our history is strongly connected with the land and steeped in it. This goes back to the time of the Land League and the rights of tenants. Some amazing historical figures such as Michael Davitt pursued that agenda. It is important to modernise the legislation because of our background and history. We should broaden the debate on these issues.

The matter is also relevant to what is happening in County Mayo and the Rossport five. I use this opportunity to commend them for representing the rights of small farmers and local tenants, as well as for their bravery and integrity in taking on the big international companies. It is important that we include this in the debate.

In dealing with this legislation, the rights of people and the issues of land and private property, it is essential that property never becomes more important than the people. Recent cases have given rise to hot and heavy debate, particularly in the Nally case, in this regard. People have the right to defend themselves and their property but they do not have a right to kill somebody on their property. I was amazed, shocked and horrified and I find it a disgrace that some weak-kneed politicians used this issue in their own personal and political interests.

I strongly support the rights of Travellers and challenge people in this House who have not shown leadership on this issue. I refer here to Mr. Jim Higgins, MEP, and Deputy Kehoe who said at a meeting in Bunclody last Thursday that he would have done exactly the same. Their comments were disgraceful and out of order. Property should never be more important than people and I challenge them on that. I raise this matter because it is important for all Deputies to show leadership on these issues. The Nally case was sad but the reality is that the person involved crossed the line. We must all accept that. Those of us who have been personally attacked over the years for defending the rights of Travellers know this. Many of us have often been in abusive and dangerous situations but we did not cross the line. It is important to highlight that fact. I commend Michael Collins and Pavee Point for showing leadership on this issue and for defending their interests.

Criminality is everywhere; it is in the Traveller community and in the settled community. Some 95% of complaints in my constituency about anti-social behaviour and crime relate to the settled community but we do not see that on RTE or in The Irish Times or Irish Independent. Let us face facts. We cannot condone or support criminality but neither should we label or brand a certain community for what is going on in society. I raise this matter because it is directly connected with the issue of land and property.

The explanatory memorandum to the Bill states:

The purpose of the Bill is to provide for the establishment of a body to be known as ... the Property Registration Authority . . . with the functions conferred on it by the Act. Its principal functions will be to control and manage the Land Registry and the Registry of Deeds and to promote and extend the registration of ownership of land. Part 2 of the Bill contains provisions relating to the establishment and operation of the Authority and to staffing and related matters.

It further states:

There are two separate systems of registration in relation to land in this country. The registration of deeds system, which is operated by the Registry of Deeds, provides for the registration of documents relating to land with a view to determine priorities between documents dealing with the same piece of land. There is no statutory requirement to register a document but failure to do so may result in a loss of priority. The effect of registration is generally to achieve priority over documents that have not been registered or have been registered later. However, registering a document does not in itself guarantee the title to land dealt with by that document.

The registration of title system — which is operated by the Land Registry — was introduced in this country in 1865 and was extended in 1891. [As we can see, the legislation is outdated.] It is now governed by the Registration of Title Act 1964. Unlike the Registry of Deeds, the Land Registry registers actual ownership of land.

It is important that we highlight this matter. Land ownership is an issue that has emerged in my constituency in the past two years. I refer to the crisis with regard to the property of those in Marino, Fairview and Santry where land has been confiscated to construct the Dublin Port tunnel. A total of 214 homes in my constituency were damaged as a result of the tunnelling and more than €1.5 million has been paid out in secret deals to residents as compensation, with nobody saying anything about it. There are major cracks and flooding issues with regard to the tunnel and people have contacted my office to inform me of these matters.

Another issue is the flooding of the Tolka as a result of 5 million litres of waste water being pumped into our beautiful river. This is a disgrace and I challenge the Minister for Transport and Minister of State on these issues. With regard to finance, the Dublin Port tunnel is €200 million over budget and people expect that it will now cost in the region of €1 billion. I raise these issues because they are directly connected to the debate about land.

Another important land issue in my constituency is Dublin Bay. The proposed infill of 52 acres should be highlighted. I will continue the tradition of Seán Dublin Bay Loftus in this House and oppose the 52 acre infill. There is much empty space in Dublin Port and we will not accept this. From the point of view of flooding, if these 52 acres are filled with concrete and more development, it will affect tides and we will have further flooding in Clontarf and Marino. The people of these areas will not accept this and I will defend their interests in the House, even if the other three Deputies who represent the constituency remain silent on the issue.

With regard to land, I am in favour of sensible planning and development, particularly around Dublin Port. I challenge Peter Bacon's recent report in which he discusses the development of the port. In economic terms, Dublin's productivity in handling containers is only 32% that of benchmarked EU container ports. Traffic congestion is a much greater constraint on Dublin's growth than port capacity. Surely, the way forward is increased port productivity and the diversion of port traffic from Dublin to satellite ports in the region. Let us have more regional development and end the congestion. Filling in 52 acres of Dublin Bay is not the solution. It also brings the added nightmare of flooding in Clontarf and Fairview. We need to preserve our bay and develop our ports and we need to give everybody a share of the cake. This makes economic and environmental sense.

The explanatory memorandum also states:

Section 60 responds to a 1998 recommendation of the Law Reform Commission by inserting three new subsections in section 123 of the 1964 Act. They are necessary because section 123 does not appear to apply to the granting of appurtenant rights such as an easement . . . The absence of these words of limitation would probably mean that the easement or profit would last for the lifetime of the grantee only.

I commend the Law Reform Commission, which pumps out reports and excellent proposals many times a year, on the excellent work and research it carries out.

With regard to financial implications, the memorandum states: "The proposals set out in this Bill are intended to streamline and modernise the operation of the Registry of Deeds and the Land Registry, in particular by preparing the way for introduction of and electronic conveyancing system." This is a key element of the legislation which tries to streamline and update the legislation in a common sense fashion. I welcome this important debate and the sensible proposals in the legislation.

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