James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Senator for his contribution. The proposed amendment relates to a report that Tailte Éireann be required to prepare, within six months of the passing of this Act, in respect of a review of the digitisation of the land registry and proposed reforms to expedite land disputes where title deeds are unclear. To add this additional function in the manner proposed would not have the effect sought by the Senators and would present practical difficulties, particularly taking into account the proposed timeframe for completing the report.

The national land register is a legal register that operates under a non-conclusive boundary system and is subject to the rights of those in possession. Where anomalies appear, the Property Registration Authority, PRA, can update the map under set protocols and in the absence of dispute. There may be instances where a property was mapped many years ago and the boundary on the ground now is not as it was at the time of registration. Boundaries can change over time for a variety of reasons.

Procedures exist to rectify boundaries on consent; otherwise, disputes are a matter for resolution in court. There is no intention to change the statutory legislation grounding the functions of the PRA, Ordnance Survey Ireland or the Valuation Office.

Tailte Éireann, when established, will be independent in the performance of its statutory functions, including the registration-of-title function. The PRA registers in accordance solely with the deeds, documents of title and maps lodged on application. Appeals arising from decisions made by it are a matter for the court by way of appeal under section 19 of the Registration of Title Act 1964. This will not change when the legislative functions of the PRA pass to Tailte Éireann under the Act.

It should be noted that, under section 23 of the Bill, Tailte Éireann may prepare and submit to the Minister such reports on its activities as it considers appropriate. In addition, under section 23, the Minister may give a direction to Tailte Éireann to prepare and submit a report, in writing, no later than such date as the Minister specifies in the direction, in regard to any particular matter relating to the functions of Tailte Éireann as the Minister considers appropriate. Therefore, it would not be appropriate to legislate for specific reports, as is envisaged by the proposed amendment. Unfortunately, therefore, I must oppose it.