In this country over a long period, in relation to land tenure, there has been great interest in and indeed usage of what is known as "squatter's title". The land pattern in this country down the years was that a great many people were in occupation of land while very often their title to it might not be written. At times, that may have been due to their own failure to have the records in regard to land amended so as to write into them their right to the title of the land.
The Minister is well aware, as are most Deputies, that it is common practice that when the ownership of land passes from the head of a family, on his demise, to a member of the family, the question of title is not dealt with at the time. My concern about the use of the words "or other land" in the section is that a county manager acting for the planning authority could be subpoenaed in case of dispute in regard to a property and could be obliged to discover documents which might have the effect of disclosing information which might adversely affect a claimant to title to the land in question.
We ought to be very careful to protect the right of the individual in this respect. On several occasions during the debate on this Bill, I have referred to what we regard as the paramount right of the individual to property and have urged that nothing should be done which would in any way weaken that right. I want to suggest to the Minister on this occasion that in respect of this type of legislation, we should be sure that the right about which I now speak is protected. There should be written into the Bill a protection for the individual from disclosure of information which might be prejudicial to his right.
I have in mind at present the case of a householder who, having built a home, is unable to produce title to the land on which his home stands. The local authority involved could not produce documents to show the ownership of the property although the person concerned did have permission from the local authority at the time he built his home. To protect the interest of such person, the words "or other land" in subsection (1) of Section 9 should be deleted. It is easy to understand the reason for the subsection, which says:
A planning authority may, for any purpose arising in relation to their functions under this Act, by notice in writing require the occupier of any structure ... or any person receiving, whether for himself or for another, rent out of any structure or other land to state in writing to such authority, within a specified time....
How are the rights of a person who is in the type of occupancy which I am now speaking about under a squatter's title, to be protected in this matter if at a later stage somebody produces information that may come by way of leakage from the local authority or some official thereof to suggest that the title of that person may not be as well founded as he would like it to be? The county manager could be subpoenaed and obliged to produce documents for the purpose of showing whether the person in question had a right to the property or not. I would invite the Minister's comment as to how he proposes to protect the right of the individual in this matter. As the Land Registry would show, a large number of folios in family settlements have not been written up and with the passage of time and the passing of the ownership of property and the change over from the old landlord code, there is quite a large amount of property which at the present moment is by virtue of squatter's title in the occupation of people who have never gone through the expensive process of moving to the High Court to secure to themselves a declaration of their interest in the property. Either by accepting the amendment or by inserting some other safeguard which he might suggest, the Minister should take the necessary steps to protect the rights of individuals in this matter.