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Dáil Éireann debate -
Friday, 9 Feb 1945

Vol. 95 No. 19

Committee on Finance. - Vote 38—Land Registry and Registry of Deeds.

I move:—

That a supplementary sum not exceeding £527 be granted to defray the Charge which will come in course of payment during the year ending 31st March, 1945, for the Salaries and Expenses of the Land Registry (40 & 41 Vict., c. 57; 54 & 55 Vict., c. 66; No. 10 of 1924, Sec. 102; and No. 26 of 1942, Sec. 22); and of the Registry of Deeds (2 & 3 Will. 4, c. 87; 27 & 28 Vict., c. 76; 38 & 39 Vict., c. 5; and 46 & 47 Vict., c. 20).

This case arose over a mistake that was made in a map. Up to the passing of the Registration of Title Act a couple of years ago, there was an insurance fund, and such mistakes were paid for out of that fund. What happened in this case is that, about 50 years ago, there was an estate sold, and, apparently, the map was not correct. There was a small cottage included in this map which should not have been included. That was not discovered until the person who was left in the little cottage, or the descendants, went to sell the cottage and found, when they went to look for the title, that the cottage had been included in the land that had been sold. The case went to the courts, and it was not until it went to the Supreme Court that it was decided that the mistake had been made and that this cottage should not have been included.

That could have been paid for before out of that insurance fund, which was fed by fees. There was a certain proportion of the fees payable to the Land Registry set apart for the insurance fund. When the Registration of Title Act was being passed, about three or four years ago, that fund was abolished and the Exchequer had to pay for any mistakes of that kind that might occur. That is the reason why this Supplementary Estimate is introduced.

As the Minister has told us, an Act was passed a couple of years ago, the Registration of Title Act. I believe the whole purpose of that Act was to rake into the Exchequer a sum of money which had accumulated for years in the insurance fund. There was really no other section in the Act, or any other section was of small account.

That cannot arise now.

It may not, Sir, but it does in this sense, that if that fund were now there this sum of money would not have to be paid. There was an insurance fund accumulating for years and years as the Minister pointed out. It had reached considerable dimensions. The Minister for Finance got his eye on that sum and raked it into the Exchequer. Here now a case arises in which a considerable amount of money is involved because of a technical mistake in registration. The Exchequer has to pay up that amount but if the insurance fund were there, in the ordinary way it would have been paid out of insurance. We can see the folly, therefore, of raking in sums like those into the Exchequer and then afterwards having a charge made on the Exchequer for any technical mistake that may be made.

I think the Minister might give some information to the House on the question of fees. He has referred to the question of registration fees.

It does not arise on the Supplementary Estimate. A discussion on a Supplementary Estimate is confined to the purposes for which the money is required.

I know that.

Then the Deputy is sinning against the light.

The Minister referred to the question of fees.

Mr. Boland

I was trying to explain the reason I had to bring in the Supplementary Estimate.

That deals with the insurance fund. That is not fees?

Mr. Boland

No. What I explained was that up to the passing of the Registration of Title Act, there was an insurance fund out of which such mistakes could be paid for. That was abolished and from that time onwards any mistake which did occur had to be paid for by the Exchequer.

What was the amount involved in this case?

Mr. Boland

£267.

What was the amount of the fund?

Mr. Boland

I cannot say that. It is gone a couple of years.

Would the Minister tell the House how the fund was created?

Mr. Boland

I told the House that already.

How much did you collar at the time you collared the fund?

Mr. Boland

I cannot tell you that right off. The Deputy might ask the Minister for Finance.

Vote put and agreed to.
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