asked the Minister for Justice whether he is aware that important documents of title are issued from the Registry of Deeds, authenticated by the signature of clerical officers; whether it is proposed to have that matter inquired into in view of Finance Circular 31/1929; and, furthermore, if he can say when will the long-promised commission of inquiry into the Registry of Deeds be set up.
Ceisteanna—Questions. Oral Answers. - Registry of Deeds.
The only documents issued from the Registry of Deeds bearing the signature of a clerical officer are "Common Searches," and these documents can hardly be described as important documents of title. The certification of common searches by the officer actually making them is required by Statute (2 and 3 William IV. c. 87) and the Finance circular quoted cannot of course repeal a statute. In any case that circular was drafted without advertence to the peculiar position of the Registry of Deeds. As regards the last part of the Deputy's question the position is that representations have been made by the staff to the effect that they are not properly graded and to enable a considered opinion to be formed on this matter I have requested the Department of Finance to arrange that an expert establishment officer from that Department should collaborate with an officer from my Department in an examination of the duties of clerical officers in the Registry of Deeds with a view to ascertaining whether the clerical grade is the appropriate grade or not. There will be no solemn commission of inquiry. There will be an expert examination of the duties of the office from an establishment point of view and I hope this examination will take place at an early date.
Arising out of the reply, I should like to ask the Minister is he not aware that common search is — and it is a tribute to the officers there — largely resorted to by the public now instead of a negative search and is being relied upon; that it was stated in the Report of the Whitley Council in 1920 that such work did not come within the sphere of the clerical grade; that in 1927 the Department of Justice was memorialised by the clerical officers who have been doing this work for three years and that they got no reply; that there was a reminder in July, 1928, and that in July, 1929, a promise was given that the matter would be inquired into before October of this year? I am quite certain if the Minister for Justice was here he would recognise, owing to what he has done in another capacity as counsel in requisitioning searches, that these documents are of great importance and I am surprised at the Minister for Agriculture stating they are not, as solicitors know that they are of importance.
Mr. Hogan
Common search is not being resorted to oftener now than heretofore. Common search is required for some purposes and a negative search for other purposes. As the Deputy mentioned solicitors, I do not see any difficulty whatever about a clerical officer undertaking a common search.