Brian Lenihan Jnr (Dublin West, Fianna Fail)

I would be obliged if the Senator re-tabled the amendment on Report Stage, if she wants a fuller assurance on the constitutionality of the issue involved. Purely in terms of the language involved, I am not satisfied the amendment adds anything to the provision as provided for in the section as it stands. Section 17 makes clear in its second subsection that the purpose of the first subsection was to validate certain registered deeds. Section 17(1) states:

Subject to subsection (2), proof of execution of a deed by a witness to the execution by a grantee under the deed is deemed always to have been as valid, for the purposes of section 6 of the Registration of Deeds Act (Ireland) 1707, as if the witness had been a witness to the execution by a grantor under it.

That deals with the specific legal problem. Section 17(2) states:

Subsection (1) does not affect any judgment or order given or made before the commencement of this section in any proceedings, including appeal proceedings.

The Senator is concerned that pending proceedings should also be protected by that subsection. I will have the matter examined.