Seanad debates

Tuesday, 20 June 2006

Land and Conveyancing Law Reform Bill 2006: Second Stage.

 

7:00 pm

Photo of Martin ManserghMartin Mansergh (Fianna Fail)

There is certainly an implication that there will be a time saving. Less clearly spelled out is whether there will be a saving of money.

It is important that purchasers, in particular, are satisfied and that there is no doubt about previous ownership. I do not dispute that involves some searches but as we know, with modern technology, searches should be rapid, inexpensive and should take relatively little time. I have a suspicion that the solicitoring profession probably makes something of a meal of this process because it is a nice tidy earner. I do not know whether I am representing the interests of my party in that regard but I believe I am representing the interests of citizens. The focus of reform should not only be how one streamlines the process and makes it quicker but it should also be on how one makes it cheaper.

Costs in many areas have come way down — for example, the cost of air travel and telephone calls, particularly long distance or international calls. As a result of modern technology, costs in many areas are now a fraction of what they were. I suspect that should be true of conveyancing. Sometimes one has the feeling that it is not only legislation going back to 1295 which we must address. I have many friends in the legal profession and I have much respect for them. In many ways, they provide a de luxe, Rolls Royce service except to the people who would like a simpler, cheaper service but as good and as an efficient a service in practical terms. These are the practices of centuries gone by. They are embedded and have never been subjected to the thorough-going reform which advances in modern technology should make possible.

I refer to history and echo the point made by Senator Tuffy. Places such as the Registry of Deeds, particularly given what happened to the Four Courts and the Custom House during the revolution, contain an enormous amount of social history. Like much of the archaeology being uncovered by road building, only a little of it has been explored. Local history has really only taken off in the past 20 years. There is undoubtedly enough material available to keep generations of historians busy. Those files or documents should be kept and made accessible.

Since the Minister of State, Deputy Parlon, is in the House, I must also mention an irreplaceable historical repository about which we should think. Sensitive in its way as the bureau of military history was, the Land Commission registry contains an enormous amount of social history. As far as I know, it is still blocked and is not subject to a 30-year rule. It is subject to a 100 or 120-year rule and it is time serious thought was given as to how it should be made accessible because an enormous amount of local and social history is locked up in those records.

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