Dáil Éireann Debate, Wednesday - 5 May 2021
138. Deputy Emer Higgins asked the Minister for the Environment, Climate and Communications if there are plans to allow digital signatures to be used on all key property documents needed for housing transactions. [23164/21]
View answerI, as Minister for the Environment, Climate and Communications, have the power to make Regulations to widen the scope of the Electronic Commerce Act 2000 which is the primary legislation governing the use of electronic signatures in Ireland. In practical terms, the Act provides that an electronic signature has the same legal standing as a handwritten signature. Certain laws - set out at section 10(1) – relating to sectors under the remit of other Ministers, were excluded at the time of enactment, including matters related to those highlighted by the Deputy. I keep legislation under my remit under review as appropriate and certain criteria must be satisfied in order to make Regulations extending the scope of the Electronic Commerce Act, such as technology advancement and that any change would be in the public interest. In the first instance, it would be a matter for the relevant Minister to propose that a change is required, and to indicate that the relevant conditions set out in the Act can be satisfied, after which such a proposal would be considered by my Department. Responsibility for land law and conveyancing in general is a matter for my colleague, the Minister for Justice.
My Department is currently working to progress a discrete proposal put forward by the Department of Housing, Local Government and Heritage to enable the Property Registration Authority use electronic signatures in aspects of the land registration process.
