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GAZETTE
JULY/AUGUST 1991
Submission by Law Society Representatives to
working committee established by the Minister
to advise on the proposed plan to turn the Land
Registry and Registry of Deeds into a single
Semi-State Body
ID The Law Society welcomes the
decision of the Minister to turn
the Land Registry and Registry
of Deeds into a single Semi-
State Body.
\2)
The Law Society has com-
mitted itself to supporting the
Minister and the Registrar of
Deeds and Titles in the imple-
mentation of the decision.
(3) The Law Society repre-
sentatives have met Price
Waterhouse who are charged
by the Minister with preparing
a report as to how this best
may be achieved.
(4) The Law Society representa-
tives have not seen the Price
Waterhouse Report and as
such have no knowledge of its
contents or how much of their
submissions have been taken
on board by the Consultants in
the Report.
(5) The Law Society believes that
the problem is an urgent one to
tackle. Equally, we agree that
all aspects of the problem have
to be investigated as any
question of future legislation
after the appropriate Bill is
brought in to give effect to the
decision will be impossible to
achieve and it is therefore most
important that all the problems
are addressed, at this stage, to
achieve the best possible
result.
(6) The present position in the
Land Registry, as we under-
stand it, is as follows:-
(1) The number of applications
in 1990 increased over the
number in 1989 namely
225,032.
(2) The authorised staffing at
the 1st January 1990 was
448 with the actual staff
serving at that date 412. We
have no information as to
whether the staff has been
increased during the past
year, but we understand
that this has happened,
(3) The number of outstanding
dealings to be completed is
marginally less than before
but it is still in excess of
50,000.
(4) The average over-all delay in
the registration of transfers
of land has not improved
since the 1989 figure of
eighteen months to com-
pletion.
(5) The Land Registry con-
tinues to make a substantial
surplus in income and
expenditure figures.
(7) We have already committed
ourselves to helping and assist-
ing the Registrar in whatever
way we can to achieve im-
provements in the service and
are happy to record our
appreciation of her work during
the past year which has shown
significant results in the
following areas:-
(a) A continued improvement
in the communication levels
between the Society and
the Land Registry.
(b) Very considerable progress
in dealing with the arrears in
Dublin wh i ch is much
appreciated, particularly by
the Dublin Solicitors.
(c) Substantial improvements
in Dublin for the issuing of
Folio and file plans.
(d) The creation of a very
pleasant working atmos-
phere between the staff,
the solicitors and the public
in the Land Registry.
(8) It is common case that the
improvement of the services in
the Registry demands (a)
resources (b) staff.
(9) The Law Society does not
agree with and continues its
total opposition to the Policy of
the Department of Finance of
extracting surpluses from the
Land Registry which in the
period 1984 to 1990 totalled
three million eight hundred and
sixty four thousand t wo
hundred and eighty nine
pounds. The expenditure of
these moneys in the develop-
ment of the services of the
Registry would have already
improved the position very
considerably from what it is at
the moment; the Society
believes that the principle
enshrined by the late Minister,
Gerard Sweetman and as
enunciated in the Dáil debates
at the time, that the Land
Registry should be self-
sufficient, is the correct policy
and should be adopted by the
new Semi-State Body.
(10) We say this working in the dark
because we do not know what
figures will be required for
capital expenditure in the
Registry or how they will be
financed. We recommend to
the Working Committee that in
considering the finance re-
quired for the Land Registry
they would take into account
the large take from stamp duty
which the Government gets
and which in the view of the
Society is an integral part of
the registration system.
(11) Again, it is common case that
the future of the Registry lies
in computerisation. The pre-
cedent established in Dublin
and to be extended to Galway
will show the way for the
future in registration. The Law
Society representatives pledge
themselves to support the
Registrar in any steps that we
may agree to (a) reduce the
arrears (b) speed up the
registration process.
(12) Such ideals may be imple-
mented by consideration of
various methods of improving
the existing situation and
some of the headings under
which this can be done are as
follows:-
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