Joanna Tuffy (Labour)

Like Senator Jim Walsh, I ask the Minister to explain what a seal involves. On my previous question, I see that subsection (2)(b)(i)(III) provides that the individual may acknowledge the signature in the presence of the witness, which implies that the latter need not be present when the signature is made. However, I am still unsure of what exactly is involved here. I recall checking the definition of "witness" and my understanding is that the witness must validate the signature but that this validation is not necessary to be done in the signatory's presence.

According to custom and practice in conveyancing, deeds are generally said to be signed, sealed and delivered in the presence of the individual concerned. I would have thought, however, that a deed signed by an individual and subsequently validated by a witness would be valid regardless of whether the individual was present when the validation was made. Are we making existing law more strict in this regard? I am sure it sometimes happens that witnesses sign deeds at a later time than they were signed by the individual concerned in circumstances where the former may or may not have seen the signature being made but is certain it is valid. I understood such a procedure would be valid so long as the witness understands the seriousness of what he or she is doing.