Seanad debates

Tuesday, 14 June 2005

Registration of Deeds and Title Bill 2004: Committee Stage.

 

5:00 pm

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

That is correct. The Minister has the power of concurrence. While the Oireachtas delegates substantial authority to rules making committees, whether in the context of detailed legal arrangements for the registry of deeds and title or in respect of the courts, public interest must prevail and the Minister must have ultimate say on the approval of such an order. Otherwise we are surrendering our powers to bodies albeit comprised of eminent representatives of many worthy professional organisations. However, there must be a final safeguarding of the public interest in whatever rules are decided. Imagine a situation whereby the Law Society was to prevail upon the rules committee for a very prolix system of lodging documents for registration. The Minister might have a view in this regard and decide there is an unnecessary amount of paperwork involved for persons who use the Land Registry. That is why protection of the Minister's interest is written into this section.

Senator Tuffy raised the issue of the chief executive officer of the Courts Service. However, there is no symbiotic relationship whatsoever between the Courts Service and this legislation. This has no connection with the Courts Service, which services the courts. The legislation relates to an entirely different entity. The Courts Service has no responsibility for the administration of matters dealt with under this legislation. The chief executive is not specified as a member of the rules committee for that reason. Of course, certain matters may arise under this legislation where recourse will be had to the courts by way of appeal from the determination of the registrar. However, this does not affect the fact that the actual administration of the Registration of Deeds and Title is committed to the service established under this legislation. There is no reason why the chief executive officer of the Courts Service should be a member of the rules making committee.

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