The Gazette 1972

The Minister's views

The Minister in replying to the Debate stated

Regarding Senator O'Higgins's comments on Section

15 I should like to state "that this kind of power has

been held by the Fair Trades Commission up to now in

relation to fair trading and in nineteen years of opera-

ting the same provision in relation to the Commission

no difficulty of that sort has arisen. I anticipate that

Senator O'Higgins will say that

this is a different type

of situation. There is the question of confidentiality of

papers'. Anyone whose books or records are examined

in the context of fair trading would not be concerned

with anybody else whereas inspecting documents in an

employer's officc or inspecting documents in a doctor's

office could effect an innocent third party. It is a remote

possibility that an authorised officer would want to see

confidential information relating to a client of a solicitor

or doctor. If this happened the solicitor or doctor could

refuse and appeal to the Court under sug-Section (?)

which is not in the existing legislation. This was speci-

fically included in this legislation here to anticipate

something more serious. Built into Section 15 are such

phrases as " f or the purpose of obtaining any infor-

mation nccessary for the exercise by the Examiner of

his functions under this Act an authorised officer

may . . . "

In paragraph (b) the emphasis is to give an authorised

officer

such information as he may reasonably require

in regard to any entries in such books ".

In (e) we have the same thing which an officer may

reasonably require.

Section 15 (5) spells out that the authorisation of an

authorised officer shall indicate the matters in respect of

which he may act under this Scction. AH that is there

with the express purpose of preventing the type of

situation which Senator O'Higgins fears. I would be

fearful of that type of situation and I would hope that

the Examier would be mindful of this too. There should

be clearcul distinction in the authornsation which would

be given to the authorised officer by the Examiner

speling out exactly what function he has in relation to

tne examination of entries in books, documents and

records."

•Members may be relied upon to protect the clients'

privilege against disclosure of confidential information.

Having regard to the Minister's reply to the debate it is

inot anticipated that the Inspectors would seek to

exceed their powers in the context of the Minister's

statement.

Parliamentary Questions

DAIL ÉIREANN

16th December, 1971

15th December, 1971.

Malicious Damages Claim

Dr. Byrne asked the Minister for Justice' when the

proposed legislation to relieve local authorities of the

Burden of claims in respect of malicious damage will

be introduced.

Mr. O'Malley: The text of a Bill to amend and con-

solidate the law relating to compensat

on for malicious

damage to property, which will provide for a number of

changes which will reduce the cost to local authorities

of malicious injuries proceedings, has been prepared

and is now under examination in my Department. I

hope to be in a position to introduce the Bill early in

the New Year.

Mr. M. O'Leary: Can the Minister say whether the

legislation will have retrospective effect?

Mr. O'Malley: No.

Mr. Tully: Can the Minister say whether it will be

possible to put the Bill through before the estimates

for 1972.

Mr. O'Malley: I understand they are going through

tonight.

Mr. Tully: The Minister misunderstands. I am talking

about the local authority estimates for 1971-72. These

will be submitted about mid-February and can the

Minister say whether this non-contentíous Bill can be

put through before then?

Mr. O'Malley: I do not think there is much chance

of that and neither would I be certain that it will be

non-contentious.

Dr. Byrne: Will the Minister endeavour to have the

Bill through before the local authority estimates are

submitted?

Mr. O'Mallcy: T am trying to expedite it but this is

difficult hccause it is a very important Bill end needs

a good deal of examination.

Land Registry

Mr. Ryan asked the Minister for Justice if he would

state the average time to register new leases in the Land

Registry; what steps be intended taking to expedite

registrations of new leases and other transactions; and

the reasons why the delays in the registry were growing

in number and duration.

Mr. O'Malley: I am informed by the Registrar of

Titles that, assuming that the application for registration

is in order and that there are no queries, the average

time taken at present to register a new lease in the

Land Registry is three months.

There is an increase of 28 per cent in the estimated

number of dealings lodged in the Land Registry in 1971

as compared with the actual number lodged in 1970.

I understand that it is this increase that is mainly

responsible for the growth in delays.

reorganisation scheme affecting the Mapping

Branch is at present under active examination. There

are, however, substantial problems to be overcome in

the matter of reorganising this particular Branch and

I cannot say that a solution is in sight in the immediate

future. On the other hand, I am very conscious of, and

concerned about, the shortcomings in the Branch at

present and attempts to remedy the position are being

given priority.

The reorganisation of other aspects of Land Registry

work is now well advanced and a major reorganisation

scheme designed to increase efficiency in the registration

of dealings is at present being put into operation. When

this scheme is fully operational, as I hope it will within

the next two months, a very considerable improvement

in the position can be expected.

Jury System

Mr. M. O'Leary asked the Minister for Justice

whether any consideration had been given to the exten-