Brian Lenihan Jnr (Dublin West, Fianna Fail)

Section 27 deals with the very important question of the prioritisation of instruments and deeds. When I first saw this amendment, I thought that Senator Tuffy was about to make her name as somebody who is affecting a fundamental change in our law. In fact, section 27 states:

"Nothing in this Part affects the registration or priority of any deed,

(a) lodged or presented for registration before the commencement of this section,

or

(b) registered in accordance with the law in force before such commencement."

The section simply preserves the existing rules of priority, which are well established in common law, statute law and in equity. The addition of the words suggested by the Senator would not add anything to the section. The section, as drafted, covers the prioritisation of deeds and for that reason the Minister does not support the amendment.