The Gazette 1991

JULY/AUGUST 1991

GAZETTE

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

(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:- 231

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,