The Gazette 1972

In paragraph (b) the emphasis is to give an authorised officer 4 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. 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. A 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- 04 16th December, 1971

The Minister's views The Minister in replying to the Debate stated 44 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 4 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 . . . " 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. 15th December, 1971. Malicious Damages Claim

Parliamentary Questions DAIL ÉIREANN