Terry Leyden (Fianna Fail)

This Bill is very important legislation and is particularly important with regard to the decentralisation of the Land Registry and the relocation of 230 staff to Roscommon. The Minister should ensure that this relocation takes places as quickly as possible. The relocation of such a prestigious office and so many jobs will be a major boost to a town the size of Roscommon. The possibility of moving a semi-State body to Roscommon was mooted at one point but I understand a similar structure has been proposed for this organisation.

The relocation of the Land Registry is very welcome, particularly in light of the announcement today that 50 jobs will be lost at a local factory, Hannons Poultry Exports. When a blow, such as that which hit Dungarvan, hits a small town, it has a major effect and that is why the State has an important role to play in expediting the decentralisation process which will give a boost to Roscommon. Decentralisation will also create a spin-off for the Land Registry because, as Senator Tuffy is aware, a considerable number of agents in Dublin act for rural legal firms. They use the Land Registry to search titles and provide information to local legal firms. Decentralisation will create a major spin-off for small companies in Roscommon who will work for companies in Dublin and elsewhere.

The Land Registry is an extremely important part of the State. It was first established in 1707 and my experience of dealing with it since the 1970s, as both a professional and a public representative, has been very positive. It is highly efficient, effective and thorough. There is no point in speeding up a process yet overlooking the fact that someone has a legal right to a property. It is a very detailed but very important process because property is so valuable. A case I am dealing with involves a woman who bought a house from her brother-in-law who was not registered with the Land Registry. In addition, the people from whom her brother-in-law bought the property were not registered and nor were the people from whom they bought it. The whole chain of unregistered ownership went back to 1934. Now, the woman is eager to get this issue resolved. However, she must ascertain whether all the people who benefited from that land still have a claim on it. It is a very detailed process and people do not understand how important it is.

In other recent cases I dealt with, I found the Registrar of Titles to be most helpful. I would get in touch with the Land Registry on behalf of constituents where land would be transferred, for example, in respect of installation grants. In this case, the farmer can take up farming and must get full ownership of the property. The Cathaoirleach will appreciate the benefit of having this done properly. I wish to put on record that, as Senator Tuffy mentioned, the office staff are helpful, co-operative and fast. If one goes into an office, one can get a map quickly and the courteous and helpful staff will assist with the identification of the property. The office is an open plan, not a box in a corner of the room, and is a client-based service. When the new facilities are provided, it will be important to have similar facilities in Roscommon.

I am delighted the Minister is here as he has a good grasp of the legal needs of his Department. An issue I intended to raise previously with the Minister is that the State does not have a register of wills. This is a significant disadvantage for many people. Wills are made in a local solicitor's firm and registered with them but they are under no obligation as far as I am aware. The Minister and other solicitors would be more familiar with this than I. A person may change his or her will with another firm in Dublin, for example, and the beneficiaries of the final will may never find out their entitlements. This Bill may not be the relevant one to incorporate this and I do not wish to delay it but I suggest that the Registry of Deeds should incorporate a separate register of wills. If it were a legal requirement that every solicitor register their clients' wills in this section of the Land Registry, it would be financially beneficial. Many people have been deprived of their rightful inheritances through the possible negligence of a solicitor. Many solicitors have died and their documents are lodged in the bowels of their offices gathering dust, and no one examines them.

There is no better person than the Minister to deal with this issue because it has a financial benefit for the State. People would be prepared to pay for this registration. Furthermore, as AIB has decided not to hold documents in trust any more, these can now be registered properly. In the event of a will, people would know to go to the register of wills and determine where they stand. Will the Minister consider my proposal? I did not have an opportunity to raise this matter over the years but I often thought about it upon meeting people who did or did not inherit properly or who went from one town to another searching solicitors' offices to determine where their fathers or mothers made their final wills. Another member of the family could be searching somewhere else and whoever finds the final will, if it is the final will, is the person who will benefit.

On the matter of squatters' rights and titles, this is a questionable way of acquiring a title. An Irish citizen who had set up camp and was resident in a valuable property in London for 20 years recently waived these rights. Is it appropriate that rights can be acquired in this manner? People have leased or rented properties for 11 months over the years, did not pay for the 11 months and continued living in the property from year to year without anyone objecting but this is an unfair and improper way of acquiring property rights. As someone who acquired a small piece of land when he was 19 years of age, my solicitor was helpful and allowed me to sign for it despite the requirement that one be 21 at the time. I will not go into this now but I have a legitimate title to this small piece of ground.

For some solicitors who cannot find someone mentioned in a will, it is easier to "bump them off". For example, if people went to America in 1945 and cannot be traced, the easiest way to deal with them is to try to produce their death certificates to ensure the title can be secured. Such events occur and I am sure the Minister has experience of all types of shenanigans from his time as a senior counsel.

I thank the Minister for introducing this important legislation. Property is very valuable now. The question of church property is also important because it is no longer exempt. Many old church properties, in particular those of the Church of Ireland with their small cemeteries, have been left without real ownership. The proper registration and acquisition of titles by local authorities is important. I am anxious to have the Land Registry transferred to Roscommon town and know the Minister is using his good offices in this respect. Being a resident of County Roscommon, he would benefit from possibly having a ministerial office in Roscommon town; this would be one means of counties Roscommon and Leitrim getting a Ministry.