asked the Minister for Justice if a member of a family (name supplied) in County Galway will be provided with a copy of, or will be permitted to inspect, an application for registration of family property which is in dispute.
Ceisteanna—Questions. Oral Answers. - Family Property Registration Application.
42.
Mr. R. Burke
I have no information in regard to this particular case but if the position is that the person concerned has been refused permission to inspect a document in the Land Registry, it is presumably because he does not come within one of the categories of persons who are entitled as of right to inspect the documents in question. The matter is governed by rule 188 of the Land Registration Rules 1972, and I have no function or authority to intervene in regard to it.
My question has not been answered. A brother of the person involved travelled to Dublin and was refused permission to inspect the application for registration. I had been informed on the telephone that if he came to Dublin he would be allowed to see the document. I want to know why he was not and I am still in the dark. At first it was to be sent down to him and then he was told and I was told that if he came to Dublin he would see it. When he went to the office he was told that if there was a court case it would be lodged in court. I have received no answer to my question.
Mr. R. Burke
I have read out the answer given to me here. Presumably he does not come within one of the categories of persons who are entitled, as of right, to inspect the documents.
Who are they?
Mr. R. Burke
There is a list of such regulations which I can make available to the Deputy. They are in rule 188, sections 1 to 8.
I thought those sections would be read out to us here. I asked who has a right and I still do not know.
I am very anxious to assist Deputy Callanan but he must ask specific supplementary questions.
It is very unfair that a person is not allowed to inspect something that vitally concerns his livelihood. I want to know why.
Mr. R. Burke
Perhaps it would help me if the Deputy would indicate whether the person involved was authorised by the registered owner?
No, he was not. He is a brother.
Mr. R. Burke
The registered owner and any person authorised by such owner or by order of court or by these rules but no other person may inspect the documents.
Now the Minister is making an attempt to answer the question. Am I to take it that a person must have the authority of the registered owner to inspect them?
Mr. R. Burke
Yes. The Deputy has been helpful to me in pointing out that the question relates to the brother and I have endeavoured to give him the answer. I have stated that the registered owner of property and any person authorised by such owner or by an order of the court or by these rules but no other person may inspect documents.