The Gazette 1989

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GAZETTE FEBRUARY 1989
this
Issue <
Viewpoint 39
Defective Building Work:
Who should pay? 41
Younger Members News 48
Sources of European
Community Law:
Where to find them
Forensic Fable 61
Computerised Accounting
Professional Information 69
•
Cover Photo: Alderman Alice Glenn,
Deputy Lord Mayor, with Gerard Griffin,
Solicitor President of the Dublin Sol
icitors Bar Association, and Daire Mur-
phy, Secretary, D.S.B.A., at the D.S.B.A.
Meeting of 2 December, 1988, which was
held in the Dicing Room of the Mansion
House, in honour of the Dublin Millennium.
•
Executive Editor:
Mary Gaynor
Committee:
Geraldine Clarke, Chairman
Eamonn G. Hall. Vice -Chairman
John F. Buckley
Gary Byrne
Patrick McMahon
Timothy Dalton
Charles R. M. Meredith
Daire Murphy
John Schutte
Advertising:
Seán Ó hOisín. Telephone: 305236
307860
Printing:
Turner's Printing Co. Ltd., Longford.
- *
The views expressed in this publication,
save where otherwise indicated, are the
views of the contributors and not
necessarily the views of the Council of
the Society.
The appearance of an advertisement in
this publication does not necessarily
indicate approval by the Society for the
product or service advertised.
Published at Blackhall Place, Dublin 7.
Tel.: 7 1 0 7 11 Telex: 31219. Fax: 7 1 0 7 0 4.
GAZETTE
Viewpoint
The sudden announcement of the
immediate withdrawal by the
Revenue Commissioners of the
facilities for stamping documents
by post exemplifies the typical
failures of our public service,
creating despair in those who had
hoped for real improvement. A
major revenue area has been
allowed to become so under-staffed
that a back-log of cases (extending
to 8 weeks by the Revenue's own
admission) has built up. At the very
least this must lead to a significant
loss of interest on the stamp duty
payable to the State.
No attempt was made to consult
with the Law Society or any other
professional group whose members
are presumably responsible for the
vast majority of documents present-
ed for stamping. It is not incon-
ceiveable that some less drastic
solution to the problem might have
emerged from such consultation,
other minds might possibly have
been able to suggest a solution
which had escaped the Revenue.
The Revenue, like other Depart-
ments apparently oblivious to the
fact that people would have made
arrangements based on existing
practices, introduced the change
virtually without notice. Would 9
weeks back-log have been much
more disasterous than 8? Aweek's
delay could have allowed alter-
native arrangements to be made
for urgent cases.
In its advertisement drawing
attention to the difficulties caused
by the withdrawal of the postal
facilities for stamping documents,
the Law Society drew attention to
another department of the public
service, tne Land Registry, where
the service available to the public
has become quite unacceptable.
Again it appears that the public
service embargo is the principal
culprit. While it is appreciated that
a policy of reducing the numbers of
public servants must be applied
rigorously, if exceptions are not to
become the norm, there is a strong
argument for treating quasi com-
mercial areas of activity, such as
the Land Registry, differently.
Reductions in staff numbers
should only take place where an
institution, which should be self
financing, can be seen to perform
efficiently with a smaller staff. It
would seem that the increase in the
back-log of cases — transfers of
part (and probably the majority of
these sales of house sites) now
take over a year to complete — has
built up not only at a time of the
operation of the embargo but also
as the Land Registry's surplus on
its activities declines.
This is quite simply crazy. People
are prepared to pay for a service
from the Land Registry. The Reg-
istry itself has done its best to
modernise its operations under
severe financial restrictions. It
should be permitted to engage
sufficient staff to provide a decent
service.
Some 25 years ago the Regis-
tration of Title Act was part of a
package of law reform measures
introduced under the aegis of the
present Taoiseach when Minister
for Justice. One of its aims was the
extension of the Land Registration
system to the entire country.
Twenty-five years later the original
three counties in which compul-
sory registration was introduced
remain the only counties in which
compulsory registration can be
achieved. Perhaps the Taoiseach
should take some steps to ensure
that the expansion which he
desired is capable of achievement.
The Law Society recently pro-
posed to the Government that the
Land Registry should be converted
into a public corporation on the
lines of An Bord Telecom, with a
view to giving it independence and
enabling it to operate on a more
commercial basis. Much has been
spoken of the need to improve our
physical infra-structure to enable
us to compete in the Europe of the
1990s. It is equally important that
our administrative infra-structure is
able to perform efficiently. •
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