Written answers

Thursday, 1 July 2021

Department of Communications, Climate Action and Environment

Legislative Measures

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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192. To ask the Minister for Communications, Climate Action and Environment if he is considering changes to the Electronic Commerce Act 2000 to allow the use of digital signatures on documents in property transactions; and the status of this proposal. [35619/21]

Photo of Eamon RyanEamon Ryan (Dublin Bay South, Green Party)
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The Minister for the Environment, Climate and Communications has powers to make Regulations to widen the scope of the Electronic Commerce Act 2000 which is the primary legislation governing the use of electronic signatures in Ireland. In practical terms, the Act provides that an electronic signature has the same legal standing as a handwritten signature. Certain laws - set out at section 10(1) of the Act – relating to sectors under the remit of other Ministers, were excluded at the time of enactment, including the matter referred to by the Deputy.

Legislation under the remit of the department is kept under review as appropriate and certain criteria must be satisfied in order to make Regulations extending the scope of the Electronic Commerce Act, such as technology advancement and that any change would be in the public interest. In the first instance, it would be a matter for the relevant Minister to propose that a change is required, and to indicate that the relevant conditions set out in the Act can be satisfied, after which such a proposal would be considered by my Department. Responsibility for land law and conveyancing in general is a matter for the Minister for Justice.

My Department is currently working to progress a discrete proposal put forward by the Department of Housing, Local Government and Heritage to enable the Property Registration Authority use electronic signatures in aspects of the land registration process.

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