The Gazette 1989

GAZETTE Viewpoint

FEBRUARY 1989

GAZETTE

this Issue < Viewpoint

39

Defective Building Work: Who should pay?

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. •

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-

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From the President

Practice Notes

Younger Members News Sources of European Community Law: Where to find them Part 2

49 54 57 61 61 63 66 69

People and Places

Advice on Investments

For your Diary Forensic Fable

Computerised Accounting for Solicitors

Book Reviews

Professional Information

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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 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. Daire Murphy John Schutte

Published at Blackhall Place, Dublin 7. Tel.: 7 1 0 7 11 Telex: 31219. Fax: 7 1 0 7 0 4.

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