Michael McDowell (Dublin South East, Progressive Democrats)

I said on Second Stage that the Government had given approval to my proposals for restructuring the Land Registry and the Registry of Deeds. I indicated that it was my intention to establish a statutory body to be known as the property registration authority.

These amendments deal with the establishment of the authority, its functions, the holding of meetings of the authority, the staff of the authority and the chief executive of the authority. The group also contains certain necessary amendments to both the Bill as presented and to the Registration of Title Act 1964 arising from the establishment of the authority. I want to emphasise that the Land Registry is not being abolished nor am I proposing to abolish the Registry of Deeds. I am putting in place a statutory body which will have responsibility for the management and control of both of these organisations.

In the interests of continuity, I have included a provision in the amendments that the current Registrar of Deeds and Titles will be the first chief executive of the new authority. The amendments establishing the new authority are in the main based on provisions which provide for the establishment of bodies such as the Courts Service, the Civil Legal Aid Board and the Private Security Authority. The functions of the new authority are outlined in amendment No. 11. These include the management and control of the Land Registry and the Registry of Deeds and the promotion and extension of registration of ownership of land. The extension of registration of ownership of land is a priority task for the new authority. It is vital as we move towards the e-conveyancing system to increase the amount of registered land. I intend to ask the new authority to develop a strategy to address this issue after its establishment.

In common with most bodies of this type, the authority will have a membership of 11, including the chairperson. The membership of the authority will be broadly based and bring a range of different experiences and knowledge together to work on the authority's behalf. This is a detailed provision which deals with all aspects of the membership of the authority, including appointment, resignation and terms of office. The issue of vacancies on the authority is dealt with in amendment No. 13.

The fees the authority will be able to charge for its services will be determined by the Minister of the day, with the consent of the Minister for Finance, which is outlined in amendment No. 22. The fees shall be fixed at a level to ensure the income is not less than the amount required for the expenses, salaries and remuneration of the authority.

Amendments Nos. 23 to 25 deal with the chief executive officer of the authority. It is intended that the current Registrar of Deeds and Titles will be the first chief executive. Thereafter, amendment No. 23 outlines the method by which the chief executive is to be appointed. The functions and responsibilities of the chief executive are set out. Amendment No. 24 provides that the chief executive shall be the Accounting Officer of the authority for the purposes of the Comptroller and Auditor General Acts, while amendment No. 25 provides that the chief executive shall be required to attend Oireachtas committees to account for the administration of the authority. The staff of the authority is dealt with in amendments Nos. 26 and 27. An important point to note is that staff will remain civil servants of the Government. Amendment No. 27 provides that on the establishment day staff of the Land Registry and Registry of Deeds shall become members of staff of the authority.

As a result of the establishment of the new authority, several amendments to the Bill as presented will be required. In amendment No. 33, the definition of the Registrar of Deeds is deleted. Amendment No. 35 inserts an important provision to the effect that the Registry of Deeds shall be under the control and management of the property registration authority. Amendment No. 36 in the names of the Labour Party Senators proposes an amendment to section 9 of the Bill dealing with proceedings against the Registrar of Deeds. This position will not be required following the establishment of the authority, therefore, I do not propose to accept the amendment as it will be effectively redundant. Amendment No. 37, also in the name of the Labour Party Senators, proposes an amendment to section 10(1), relating to transitional provisions. This subsection will be deleted under amendment No. 38, therefore, the question of amending it does not arise.

Amendments Nos. 39, 42 to 46, inclusive, 51, 59 and 60 simply substitute the word "authority" for "registrar" in a number of sections of the Bill. These amendments are a direct result of the establishment of the authority. In addition, amendments Nos. 47 and 48 substitute the words "determined by the authority" for "prescribed". These are as a direct consequence of the establishment of the authority.

A minor drafting change is proposed in amendment No. 56. Amendment No. 57 is important as it inserts a new provision in the 1964 Act to the effect that the Land Registry shall be under the management and control of the authority. Section 36 of the Bill substitutes a new section 84 in the 1964 Act that will allow the registrar to use electronic or digitalised maps. The section is being amended in section 61(2)(a) arising from the establishment of the authority. The amendment provides that the registrar, before the commencement of the section, and the authority, on the commencement of the section, will have the power to adopt any map the registrar considers to be satisfactory.

The new authority will bring the Land Registry and the Registry of Deeds on to a sound structural footing to face future challenges and will ensure the modernisation process and the road map towards e-conveyancing is realised. My overall objective is to make the conveyancing of land easier and faster and to reduce the costly delays associated with registration.