Dáil Éireann Debate, Tuesday - 13 March 2012
420 Deputy Clare Daly asked the Minister for Justice and Equality if he will introduce a protocol whereby vendors of property are required to have carried out a list of checks to ensure the property is legally in a position to be sold, in order to avoid costs and trauma to potential purchasers, in a similar way to the pre-approval that purchasers must get for purchase. [13533/12]
Amharc ar fhreagraI can inform the Deputy that the Auctioneering/Estate Agency Review Group considered the question of whether intending vendors of property at auction or by private treaty should be required to prepare a "seller pack" containing a surveyor's report, title search, local authority search and draft contract, during preparation of its 2005 Report.
The Review Group was not convinced that the case for introducing such "seller packs" had been proven and recommended instead that the Property Services Regulatory Authority [PSRA] should, when established, examine the issue in light of future arrangements for electronic conveyancing of land and experience gained in respect of the operation of seller packs in other jurisdictions. The specific recommendation was as follows:
"The Regulatory Authority [PSRA] should at a future date review the case for mandatory seller packs, having regard to the proposed establishment of the Property Registration Authority, computerisation of Local Authority Records and the development of e-conveyancing. The impact of Home Information Packs on the UK property market should also be taken into account, as well as the differing characteristics of the Irish and UK residential property markets."
I wish to inform the Deputy that I will shortly be signing the first commencement order under the Property Services (Regulation) Act 2011. The Order will provide for the establishment of the Property Services Regulatory Authority. In line with the 2005 report recommendation as outlined above, I then propose to ask the PSRA, when established, to consider this matter.
421 Deputy Jonathan O’Brien asked the Minister for Justice and Equality if his attention has been drawn to the fact that provisions of the Civil Partnership Act contravene the need for equivalence in human rights provisions under the terms of the Good Friday Agreement; his plans to rectify this; and if he will make a statement on the matter. [14253/12]
Amharc ar fhreagraIt is Government policy for all aspects of the Good Friday and Saint Andrews Agreements to be fully implemented. It is important that all appropriate steps are taken to ensure that the institutional architecture of the Agreements is reflected as faithfully as possible in all relevant implementing measures in both jurisdictions. However, an equivalence requirement is not the same as a requirement to put in place identical legislation. The fact that our civil partnership statutory codes differ in some respects does not give rise to a requirement on either Ireland or the UK to amend the legislation.
