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Seanad Éireann debate -
Thursday, 21 Jun 1990

Vol. 125 No. 11

Adjournment Matter. - Land Registry Delays.

I thank the Minister for coming here today. There is a serious situation in the Land Registry which requires urgent attention. There are enormous delays in house and land transactions. I understand the backlog of cases to be dealt with now stands at around 50,000, the highest figure in the history of the State, and it has risen by around 10,000 in the past few months. The Land Registry Office was established about 100 years ago by the Registration of Title Act, 1891, and now operates under the 1964 Act. In introducing the 1964 Bill the then Minister for Justice, now the Taoiseach stated that the system of registration provided for in the 1964 Bill was intended to be cheap, simple and effective. Twenty five years later it is clear that the Land Registry meet none of those objectives.

The average delay in transferring a site at the moment is around two years. When mapping difficulties arise there is an additional delay of around 20 months. There are also, I understand, 12,000 Land Commission vestings in arrears and it takes approximately 11 years to complete such vesting. The Land Registry Office receives about £10 million in fees for about 80,000 dealings lodged each year and for about 120,000 applications for copies of title maps and so on. The problem really is that the Land Registry Office is just not able to do the job for which it was established. It is failing to provide any reasonable service to the Irish people, its customers.

I understand that staff of the Land Registry has been reduced by 75 people since 1986 and that 35 new staff will be appointed in 1990. I would like to ask the Minister how many of these have been recruited today? What is the training time until they reach their full potential? How soon will any outstanding vacancies be filled? Even with these extra 35 officers the Land Registry Office will be 40 people short of its full staff complement. There has been a considerable cutback on overtime this year. If I am incorrect will the Minister says why is this the case, why is there a cutback in overtime at a time where there is such a backlog of cases?

I welcome the recent appointment of the Land Registrar. In the chaotic conditions prevailing in the Land Registry it is hard to understand why the Minister for Justice took 15 months to make this appointment. Morale in the office is at an all-time low and the frustration with their situation is causing experienced staff to leave thereby compounding the already serious situation.

Every Senator and TD knows the difficulty in that office already because we are regularly inundated with requests from our constituents to make representations. We compound the situation to an extent by regularly contacting the Registry in the hope of getting some information for very frustrated constituents who cannot understand why they have to wait so long for what appears to be a simple transaction.

At present there are about 250,000 people unemployed and 1,000 people are emigrating each week. In these circumstances all State procedures should encourage and assist economic development in order to provide much needed jobs. The consequence of the present delays in the Land Registry is that economic activity has slowed down. Building work has been postponed or even cancelled, and industrial and commercial projects are being affected. This means loss of valuable jobs. Many people purchasing homes are saddled with the enormous additional cost of bridging finance while awaiting title to produce to financial institutions. This can add up to £2,000 to the cost of a house.

The Land Registry is subject to crippling limitations which limits their ability to operate in an efficient way. The control of staffing, the fixing of fees and even the purchase of equipment are under the control of the Minister for Justice, who must obtain approval from the Minister for Finance. The rigidity of the Civil Service structures ensures that the registry cannot operate in a modern, efficient, commercial and business-orientated fashion.

There must be a change in the way the Land Registry operate. It should be established as an efficient, business-orientated semi-State company. It is time to remove the inefficiency of bureaucracy from the Land Registry and allow it recruit the necessary staff and equipment and give the customer the service he or she deserves. There are precedents for this. Telecom Éireann, Coillte Teoranta and An Post are now operating effectively. The service provided by those bodies has improved dramatically since they were removed from the control of the Civil Service. I accept that there are some difficulties especially with An Post but they will be overcome in time with modern management and commercial and business orientated techniques being applied to obtain the efficiencies needed.

The Land Registry is capable of operating profitably. This year the office is expected to contribute £10.3 million to the Exchequer through fees and other sources of income. This will represent a profit of £1 million to the Exchequer. It is clear there is a sustainable case for establishing the Land Registry office as an efficient commercially-orientated semi-State body. I am aware the registry do not charge fees for Government or Agricultural Credit Corporation transactions. I am not introducing that into the equation because in the present context it can be claimed that moneys are voted for the Minister for Justice and accommodation is available in the Four Courts.

The Minister for Justice has a lot on his hands at present but this is an important matter. It is important to thousands of people awaiting information on their transactions. I ask the Minister present to urge the Minister for Justice to give the people who pay for the service what they are paying for.

The Minister for Justice and I accept fully the Senator's concern in this matter. Similar motions have already been debated in the other House tabled by Deputy Jim O'Keeffe on 14 and 15 November 1989 and by Deputy Spring on 22 May 1990. Therefore, I do not propose to dwell at length on the general situation in the Land Registry. I am, however, glad to have the opportunity to outline to the House the steps the Minister has already taken to remedy some of the problems in the registry and to improve the service being provided.

As he indicated in the debates in the other House, the Minister is very concerned that the Land Registry and Registry of Deeds should provide an efficient and cost effective service to all who use them. He expressed his concern at the level of delays being experienced by members of the public and by the legal profession in their dealings with the registries. The economic upturn in recent years and the consequent increase in the number of property transactions in the State have placed considerable pressure on these offices.

Briefly, to give some indication of the additional workload, perhaps it might be helpful if I mention some figures. The total number of applications made annually to the Land Registry exceeds 250,000 and these have been increasing steadily since 1985. Dealing applications, which comprise the bulk of the Land Registry work increased by 18.7 per cent in 1989 compared with 1988 and the overall volume of the main categories of work lodged in the Land Registry in 1989 showed an increase of 4 per cent compared with 1988. Likewise, in the Registry of Deeds the intake of work increased by 11.57 per cent in 1989 over 1988. These trends continued in the first five months of this year resulting in an increase in the main categories of work lodged in the Land Registry of 5.4 per cent and in the Registry of Deeds of 7 per cent as compared with the same period last year.

Shortly after taking up office, the Minister initiated a general review of the operation of the Land Registry and Registry of Deeds. He visited the Land Registry offices and had discussions with management and staff with a view to gaining first-hand understanding of the offices and the problems they are experiencing.

While he has not completed his review he has taken some steps which he hopes will bring about definite improvements in the service. First, the Government have agreed to provide money in the 1990 Estimate for an additional 35 staff, 19 of these have already been recruited and taken up duty. Every effort is being made to have the remaining staff recruited as quickly as possible. As a short-term measure, because the Minister is very conscious of the backlog of casework currently in the Land Registry, some senior staff have been diverted from other work to help deal with the kind of cases where the worst delays are occurring. This measure together with the additional staff being appointed should make a substantial impact on the arrears situation.

Senators will, of course be aware that there had been a vacancy in the post of Registrar of Deeds and Titles for some time. The Minister is glad to say that a Registrar has now been appointed by the Government. In addition, the Minister obtained agreement from the Minister for Finance for the filling of 13 posts at senior level all of which have recently been filled by way of promotion. These measures should considerably enhance the management structure.

The Minister is also pleased to be able to inform the House that the Government have acceded to his request for a greater investment in computerisation. In 1990 in this area alone there will be an increase in expenditure of the order of 32 per cent over 1989. A programme of computerisation of the abstracts in the Registry of Deeds will start this year. When completed this system will provide for immediate access and fast accurate search facilities. The computerisation programme in the Land Registry which is already well under way will be extended considerably over the coming years. On the matter of computerisation, the Minister is considering a number of alternatives in the area of computerising the registries, because he believes that is the only way forward in the longer term.

The Minister has had discussions with the newly appointed Registrar during which he has stressed his concern about the delays being experienced in dealings with the Land Registry and Registry of Deeds and he has asked for an assessment of what additional steps need to be taken to relieve the arrears situation and to provide an efficient and speedy service to the registries.

The Minister wishes to assure the House, subject to adequate finance being provided, for which he will strive very hard, that he will do everything he possibly can to improve the unacceptable level of delays in the Land Registry.

I thank the Minister for his reply. Will he agree that the increase in the volume of work, which he has outlined, over the past number of months necessitates a return to the full complement of staff and that the 45 outstanding vacancies in the registry should be immediately filled? Will he further agree that the 13 posts filled at senior level were as a result of staff leaving because of frustration with the position in the registry office?

I do not want to go into all the details which have been raised by the Senator but, basically, the figures he has given in relation to staffing from 1986 are incorrect. On the figures which are available to me the complement of staff in the Land Registry when those new positions have been filled will be on a par with that of 1986. Making comparisons with previous years is not the way to solve this. Clearly, with computerisation, the need to use new technology and the changes which need to take place in the way we organise and manage those matters are significant. We are also trying to find the finance necessary to do that.

In relation to people leaving the service because of frustration, there is an onus on the staff in the Land Registry — I want to acknowledge the competence, commitment and enthusiasm of the staff in that office — to cater for what is an expanding and overloaded demand at present. That is why we are trying to address the problem in the way we are doing. The public can be assured that if resources permit, every effort will be made by the Government to solve any problems that remain. The significant growth in the workload of that office in recent years has, of course, exacerbated the problem and as long as the economy stays as strong as it is it will continue.

The Seanad adjourned at 2.15 p.m. until 2.30 p.m. on Wednesday, 27 June 1990.

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