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GAZETTE
L A W B R I E F
JULY 1994
By Dr. Eamonn Hall
The issue of delays in the Land
Registry was raised in the Dáil in an
Adjournment Debate on April 19,
1994. The Minister of State at the
Department of Transport, Energy and
Communications,
Noel Treacy,
responded on behalf of the
Government.
The Minister stated that since 1990
additional staff had been appointed
and a considerable investment had
been made in computerisation and
information technology. Over each of
the past four years annual output in
the Land Registry had exceeded the
annual intake of business, thus
reducing the arrears level.
At the end of 1989 the total arrears in
"dealings" amounted to 51,145. At the
end of 1993, the corresponding figure
was 41,828, representing an
improvement of some 18.2 per cent.
The Minister stated that the average
time taken to have a dealing processed
in the Land Registry was between
16 weeks and 24 weeks, depending
on complexity and geographic
location.
Solicitors were blamed by the
Minister for part of the delay. He
stated that many solicitors lodged
incorrect and incomplete applications
which gave rise to non-productive
work and represented a poor
utilisation of the Registry's scarce
resources. However, the Minister said
that in cooperation with the Law
Society efforts had been made to bring
about an improvement in the quality
of work lodged. He observed,
however, that the results to date
had been disappointing. He stated
that this would have to be tackled
further by solicitors and the
Law Society.
There are at present in excess of 500
staff working in the Land Registry and
the Registry of Deeds. What was
needed was not necessarily more staff
but perhaps more investment in
technology and business orientation.
The conversion of the Registries to a
commercial State-sponsored body was
well under way. An interim board
whose chairman and members had a
wide range of business expertise had
been appointed in 1992 to assist and
advise on the procedures and the
legislative changes that would be
necessary to bring about the
conversion. Additionally the Minister
stated that up-to-date information
technology and computerisation of a
wide range of procedures was being
implemented.
"Solicitors who lodge incorrect and
incomplete applications in the Land
Registry give rise to non-productive
work and represent a poor utilisation
of the Registry's scarce resources.
Efforts to bring about improvements
in the quality of work lodged have
been disappointing."
Decentralisation of some of the Land
Registry's operations to Waterford
was in accordance with Government
policy and steady progress was being
made. The Minister stated that a site
was available in Waterford and
inquiries had been received from
interested developers with a view to
building office premises. The
Government's programme provided
for the transfer of 150 to 200 civil
servants to the "beautiful city of
Waterford".
The Office of Notary Public
The notary public ranks amongst the
most ancient of professions.
Mr. E.
Rory O'Connor
in his book
The Irish
Notary
(Professional Books, 1987),
noted that it was generally accepted
"that the earliest civilisations had
officials of great intellect, versed
in the art of writing, who carried
out functions similar to those
performed by the notary of
today".
The European Parliament in a
resolution adopted on January 18,
1994 and published in the
Official
Journal of the European
Communities
(No. C 44 36, 14.02.1994) urged the
European Commission and the
Member States and notarial
organisations to consult together with
a view to instituting the necessary
reforms to bring about approximation
at European level of certain aspects
specific to the organisation and
exercise of notarial activities and a
sectoral approach to rules for its
exercise, insofar as developments in
the completion of the internal market
justify this.
The Parliament called for measures to
be taken to remove, for citizens of the
European Union, (without prejudice to
other conditions which may be
imposed by each State for entry), the
nationality requirement for those
wishing to enter the profession and for
appropriate proposals to be made to
supplement the Brussels Convention
of September 27, 1968 on jurisdiction
and the enforcement of judgments in
civil and commercial matters with
provisions which take into account the
particular aspects of the transfrontier
"movement" of notarial acts.
The Parliament called on the
Commission and on Member States to
use the legal instruments provided for
by the EC Treaty to ensure mutual
recognition without formalities of
notarial acts, particularly Article 220
of the EC Treaty and to reconcile in
accordance with subsidiarity the
exception on grounds of "order
public" provided for in Article 55 with
the general principle of equality of
treatment provided for in Article 6 of
the EC Treaty.
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