Department of Justice, Equality and Law Reform

Department of Justice, Equality and Law Reform Options and recommendations for the better protection, preservation and access to the documents in the Registry of Deeds. June 2006

Company Confidential

Prepared by: PA Consulting Group PA Consulting Group Embassy House Herbert Park Lane Ballsbridge Dublin 4 Tel: +353 1 6684346 Fax: +353 1 6681771 www.paconsulting.com

Version: 1.3

Department of Justice, Equality and Law Reform 18/7/06

1. Executive summary

TABLE OF CONTENTS

1. Executive summary 5 1.1 Assignment Methodology 5 1.2 Key findings 6 1.3 Complication 6 1.4 Key Questions 6 1.5 Proposed way forward 6 1.6 Indicative Costs 7 1.7 Examples of Similar Approaches 8

2. Historical and Cultural Background 9 2.1 King’s Inns at Henrietta Street 9 2.2 James Gandon (1743-1823) 9 2.3 Kings Inns 9 2.4 Historical Background to the Registry of Deeds 9 2.5 Registry of Deeds Time Line 10

3. Requirements for Better Archival Protection 11 3.1 Physical Space Requirements 11 3.2 Public Access Requirements 12 3.3 Building Standards Requirements 12 3.4 Document Accommodation Requirements 12 3.5 Location Requirements 13 3.6 Document Scanning Requirements 13

4. List of Options 15 4.1 Background Considerations 15 4.2 Criteria for Assessing Options 16 4.3 Option 1 - No Change - Baseline 17 4.4 Option 2 - Upgrade current Location 18 4.5 Option 3 - Relocate Operations and Reorganise the Building 20 4.6 Option 4 - Prioritise Key Documents 22 4.7 Option 5 - Scan, Index and Store 24 4.8 Option 6 - Relocate Documents to National Archive 26 4.9 Option 7 - Build a Custom Building 27 4.10 Option 8 - Relocate to Other Existing Building 28 4.11 Option 9 - Relocate to a non-Dublin Location 29 4.12 Option 10 - Combination of Options 30

5. Preferred Option Assessment 32 5.1 Options shortlist 32 5.2 The Perferred Option 33

6. Recommendations and Next Steps 35 6.1 Pragmatic Implementation of the Preferred Option 35

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6.2 Alternative use of the Registry of Deeds Building 38

APPENDIX A: Consultees A-1

APPENDIX B: Historical Background to the Registry of Deeds B-1 B.1 Brief Historical Review of Registration. B-1

APPENDIX C: References C-1

APPENDIX D: Building Assessment Report D-1

1. Introduction 3 1.1 Assessment Approach 3 1.2 Scope of Inspection 3 1.3 Use of Report 4 1.4 Consultants Conducting Building Assessment 4

2. General Building Assessment 5 2.1 Roofs 5 2.2 Walls 5 2.3 Windows 6 2.4 External Doors 6 2.5 Ceilings 6 2.6 Internal Patritions and Wall Finishes 6 2.7 Floors 7 2.8 Staircases and Steps 7 2.9 Internal doors and joinery 7 2.10 Fixtures and Fittings 7 2.11 Services 8 2.12 Heating and Ventilation Installation 8 2.13 Lift 8 2.14 Telephone/Data Installation 9 2.15 Security Alarm 9 2.16 Pest Control 9 2.17 Rainwater Disposal and Drainage 9 2.18 External elements 9 2.19 Planning Permission and Building Regulations 10 2.20 Fire Precaution Work 10

3. Assessment of Document Storage Rooms 11 3.1 Criteria used to assess each room 11 3.2 Rooms assessed 14 3.3 Assessment Methodology 15 3.4 Basement Assessment 16 3.5 Ground Floor Assessment 17 3.6 First Floor Assessment 17 3.7 Second Floor Assessment 18

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4. Conclusion and Key Concerns 20 4.1 Conclusion 20 4.2 Key concerns 20

APPENDIX A: Henrietta Street, Kings Inns Floor Layouts A-1 A.1 Basement Storage Space Characteristics A-1 A.2 Ground Floor Storage Space Characteristics A-2 A.3 First Floor Storage Space Characteristics A-3 A.4 Second Floor Storage Space Characteristics A-4

APPENDIX B: Notes on Environmental Conditions B-1 B.1 Temperature and Relative Humidity B-1 B.2 Light B-2 B.3 Air Quality B-3

Department of Justice, Equality and Law Reform 18/7/06 1. Executive summary

1. EXECUTIVE SUMMARY

The Registry of Deeds in Henrietta Street is responsible for the registration of deeds and for the safe protection and preservation of the archive of documents and records maintained in the Registry of Deeds building in Henrietta Street. In the first instance, these documents play an essential conveyancing role in carrying out searches to discover the existence of deeds affecting property. In addition, these documents are of significant historical and cultural importance as they are the last surviving set of records providing information and insight into the last 300 years of Irish genealogy. The loss of all documents housed by the Public Registry Office in Dublin in 1922 has increased the importance of the documents currently stored in the Registry of Deeds from a historical, cultural and genealogical perspective.

"Sadly, any publication on Irish genealogy since 1922 has of necessity begun with a statement about the destruction of the valuable records in the fire in the Public Registry Office in the Four Courts in Dublin in that year. Included were the originals of most of the wills, many church records (most Church of Ireland, none Catholic), and Marriage License Bonds and Grants. The census situation is equally dismal, since most of the censuses were pulped during World War I or later. Lost are the censuses for 1813, 1821 (records of a few parishes in five counties exist), 1831 (a few parishes in one county exist [Londonderry: found on CD]), 1841 (one parish, one county exists [also on CD 197 for County Cavan]), 1851 (some parishes in two counties exist), and 1861, 1871, 1881, and 1891. The result of these losses is that Irish genealogy has a not totally deserved reputation for being hopeless!"1

It is imperative that the documents in the Registry of Deeds are protected and preserved and the information contained in these documents is made available in a more accessible manner.

1.1 ASSIGNMENT METHODOLOGY

PA Consulting Group were asked to carry out an assessment of the Registry of Deeds building at Henrietta Street, assess it’s suitability for housing the documents maintained by the Registry of Deeds and to identify the options and recommendations for the better protection, preservation and access to the documents in the Registry of Deeds . PA Consulting carried out the building assessment in partnership with Val O’Brien and Associates, Chartered building surveyors. The assessment took the form of a structural review of the building and assessing the building against the British Standard BS 5454:2000 2 “Recommendations for the storage and exhibition of archive documents”.

A building assessment report was prepared which details the assessment of the building against a number of criteria and presents an assessment of the suitability of the building to act as a repository for the Registry of Deeds documents and records. The building assessment report is provided in appendix D.

1 Bonnie M. Fountain: "Irish Genealogy in the 1990s," Alabama Genealogical Society Magazine 25 (1993)

2 http://www.bsi-global.com/ICT/KM/bs5454.xalter

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This document is a final report which sets out the options available to improve the protection and preservation of the Registry of Deeds documents and records and to improve the accessibility of the information contained within the documents of the Registry of Deeds.

1.2 KEY FINDINGS

The current situation is that the documents and records held in the Registry of Deeds are deteriorating through a combination of age, public use and environmental factors relating to the building in which they are stored. Certain documents are showing evidence of deterioration through the physical access and use by the users and general public who require access to the documents. For example, evidence was observed where physical page turning have resulted in the natural oil and grease from countless hands has made the text on certain pages illegible, resulting in a loss of the information on that part of the page. Refer to the building assessment in the appendix.

1.3 COMPLICATION

Ordinarily, important records such as these would be stored under appropriate archival conditions and access would be carefully regulated and controlled. The complication in this case is that the documents and records maintained by the Registry of Deeds are used on a regular basis by Registry of Deeds official searchers, legal search companies and by genealogical researchers. These users require access to the documents and records to conduct their business and yet it is this very access that is presenting a threat to the protection and preservation of the documents themselves.

1.4 KEY QUESTIONS

The key questions to ask are how can the documents and records be better protected and preserved while at the same time provide improved access to the users of the information contained in the documents?

1.5 PROPOSED WAY FORWARD

The proposed way forward is for a fully funded programme of scanning and indexing of the documents within the Registry of Deeds combined with the relocation of the documents to an archival repository which satisfies BS5454:2000 would afford better protection and preservation of the documents and records while also allowing the scanned documents to be made available on-line. Scanning would also facilitate the creation of new indexes, and hence easier to search, thus making the information contained in the documents more accessible to the public resulting in a much improved level of access and service. It should be noted however that the original documents have a legal aspect and consequently the legal community will still need access to them within 24 hours as the need arises.

There are three strands to the recommendation from the assessment of the current document storage and accommodation, these are:

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· Scan and index the documents and records;

· Relocate the documents and records to a more appropriate location;

· Consider the alternative uses of the Registry of Deeds building;

Some of the benefits of scanning include:

· Scanning protects the documents by capturing an accurate image of the original documents and records;

· Copies of scanned documents can meet evidential requirements for court purposes;

· Scanning preserves the information contained within each document;

· Scanning presents more options for protecting and preserving the documents, as once scanned, the documents can be stored in more suitable locations with minimal access requirements;

· The scanned documents can have key index information captured with the scanned image, allowing for dramatically improved and more powerful index searching;

· The index data captured with a scanned document can facilitate the unlocking of the wealth of information trapped within the Registry of Deeds records;

· The scanned documents can be backed up to tape, disc or optical media;

· The scanned document does not deteriorate over time

· The scanned documents can be made available on-line or over a wide area network (WAN) for improved accessibility;

· Scanning is analogous but superior to the current process of capturing current memorials to microfilm;

· Scanning is a mature technology that has been used to protect, preserve and make globally accessible similar archives in other jurisdictions;

The indicative timescales involved in implementing the preferred option is in the order of years and is dependent on the amount of resources and budget allocated to the implementation project.

1.6 INDICATIVE COSTS

A project of this size will obviously incur significant costs to conduct the various activities of document scanning and indexing, alternative building procurement and document relocation. A number of options and alternatives were considered before arriving at a preferred option. For the preferred option, high level indicative costs have been prepared to give a ballpark for the financial costs that are likely to be incurred in undertaking this exercise. These costs must be seen in the context of the uniqueness of these national documents, their priceless value to the state and the responsibility of care that these

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documents demand. Figure 1 provides a summary of the indicative costs associated with implementing the preferred option.

Figure 1 - High level cost estimates Activity Cost estimate Scanning and Indexing of memorials to 2002* €21,500,000 Staffing and Resourcing (including a dedicated archivist) €180,000 Document Preparation (To box, label, catalogue index 16,000 bundles of 4.8m €70,000 memorials with 10 staff working for 20 days at a day rate of €350) Programme Management (based on 200 days project management, provided €320,000 by Land registry or outsourced) Process relocation, training, planning, logistics etc. (assumes €1,000 per staff €48,000 member, 48 staff) Estimate of cost of building new National Archives storage to meet BS5454 at €2,118,000 €1,7653 per m2, 1,200 m2 new storage required Acquisition of property for the National Archives to store the Registry of Deeds Depends of market documents conditions (Very approximate high level costs, indicative only) €24,236,000 Plus site costs

A full costing exercise is required to arrive at a detailed costing for the exercise, this is not within the scope of this particular assignment.

1.7 EXAMPLES OF SIMILAR APPROACHES

It is important to state that the proposed approach of scanning, indexing and relocating Registry of Deeds documents has been carried out successfully by similar registry agencies and there is a precedent for undertaking an initiative of this type, albeit on a smaller scale. In particular, both the Registers of Scotland and the Land Registers of Northern Ireland have adopted a similar approach to making register information available on-line. The Land Registers of Northern Ireland operate a very similar register of deeds to that in the Republic of Ireland.

The Registers of Scotland embarked on a scan and index exercise of 9 million pages which took approximately one year to complete. Subsequent quality control activities are ongoing and the system , “Registers Direct” is available for online searching by name, date and property detail.

The Land Registers of Northern Ireland (LRNI) have an online service called “Landweb” which provides on-line access to the Land Registry and Registry of Deeds. LRNI conducted a scan and index programme for the memorials in the Registry of Deeds and made these available online. According to LRNI 97% of searches against the registry of deeds are now conducted online.

3 UK House of Commons, Regulatory Reform - Minutes of Evidence: Memorandum submitted by the National Council on Archives, Appendix A, Section 4 http://www.publications.parliament.uk/pa/cm200405/cmselect/cmdereg/118/4102611.htm

Department of Justice, Equality and Law Reform 18/7/06

2. HISTORICAL AND CULTURAL BACKGROUND

2.1 KING’S INNS AT HENRIETTA STREET4

King’s Inns is the third of James Gandon’s Dublin buildings. The Benchers acquired a site at the top of Henrietta Street which extended westward to Constitution Hill and the first stone was laid on 1st August 1795. Gandon produced various designs as there were uncertainties as to how much of the site the Benchers could secure. There were numerous delays in the construction of the building and in 1808 Gandon left the completion of the building to his pupil and partner Henry Aaron Baker.

2.2 JAMES GANDON (1743-1823)

James Gandon (1743-1823) was of French Huguenot descent and studied under William Chambers in England . His most important work in England was Nottingham County Hall of which only the façade survives. In 1781 he came to Dublin at the behest of Lord Carlow and John Beresford to supervise the construction of the new Custom House and later the Four Courts also on the banks of the Liffey. Other buildings include the east and west porticos to Pearce's Houses of Parliament and the Law Society at Kings Inns. The interiors of the Custom House and the Four Courts were both destroyed by fire in 1921 and 1922 respectively and the Kings Inns was completed by his pupil Henry Aaron Baker. Gandon died at his home in Lucan, County Dublin in 1823 after spending 42 years in Dublin.

2.3 KINGS INNS

King’s Inns was formally established in 1542. It derives its name from King Henry VIII who was instrumental in ensuring that a lease of the lands at Inns Quay (where the Four Courts are now located) was transferred to the Benchers. By the end of the 18th century, the government of the day decided that it needed a building to house courts and so, in 1800, the noted architect, James Gandon, having just completed the Four Courts complex, was commissioned to design the present buildings on Constitution Hill. Henceforward, these would be the headquarters of the Benchers and the School of Law. Around this period the Society of King’s Inns experienced a funding issue and the Government of the day provided the required funding to complete construction on the condition that they be given custody of part of the completed building. In 1813 it was agreed that the unfurnished library wing should be sold to the Office of Public Works for use as a record office. The Registry of Deeds have occupied this portion of the building since that time. The primary focus of the school is the training of barristers.

The Honorable Society of King’s Inns comprises benchers, barristers and students. The benchers include all the judges of the Supreme and High Courts and a number of elected barristers.

2.4 HISTORICAL BACKGROUND TO THE REGISTRY OF DEEDS

The first authority dealing with the registration of transactions affecting the land of Ireland - The Registry of Deeds – established by an Act of the Irish Parliament in 1707 is celebrating it’s tercentenary in 2007. Under the management and supervision of a Mr Benjamin Parry (who was the owner of Chichester House, purchased by the Government

4 Dublin 1660-1860, a social and architectural history, Maurice Craig

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as a site for the Parliament House, now the Bank Of Ireland), the office commenced business on 25th March 1708 in Dublin Castle where it remained until 1805. It then moved to Inn’s Quay where the Four courts building was at that time in the process of completion and again in 1831 it made it’s final move to the present building at the King’s Inns, Henrietta Street, the south wing of which the Government took over and completed to house the Registry of Deeds. This site was a prime location of that time and the building has been very well maintained by the Office of Public Works since the building has been under its care, this included a major cleaning project, a major reconstruction and refurbishment project and a re-roofing project.

The Registry continues to provide its public services from the Kings Inns/ Registry of Deeds building which is the third and last of James Gandon’s major public buildings. It is the only one of his buildings not to have been destroyed and reconstructed during its lifetime.

2.5 REGISTRY OF DEEDS TIME LINE

Table 1 below lists some of the key dates in the history of the Registry of Deeds.

Table 1 – Registry of Deeds timeline

Date Event

1707 The Registry of Deeds is established by an act of the Irish Parliament

1708 The Registry of Deeds commences its statutory function in Dublin Castle

1805 The Registry of Deeds moves to Inns Quay

1831 The Registry of Deeds makes its final move to King’s Inns, Henrietta Street

Department of Justice, Equality and Law Reform 18/7/06

3. REQUIREMENTS FOR BETTER ARCHIVAL PROTECTION

This chapter specifies the requirements that the preferred option should satisfy in order to provide a better environment for the storage and accommodation of the Registry of Deeds documents. This environment must at a minimum satisfy the two primary objectives, namely:

1. To provide better protection and preservation of the documents than is currently available;

2. To provide improved access to the public who require access to the documents for business or personal use.

3.1 PHYSICAL SPACE REQUIREMENTS

Currently, the documents in the Registry of Deeds occupy approximately 1,123 square meters of space in the building at Henrietta Street. This is space that is either being used for the storage of documents or is dedicated to the storage of documents. For example, on the second floor the Genealogical Room and the Transcribing Room have a significant amount of space set aside for reading benches to allow the public conduct their research with the books stored in these rooms. This space requirement includes space allocation for gantries, aisles and walkways between existing shelving units. The space requirements can be reduced from this maximum amount through optimisation of storage space once there is adherence to health and safety requirements and BS5454:2000 guidelines. The current location does not have sufficient load bearing capabilities to facilitate further optimisation of space.

The current space requirements are for 1,123 m2 square meters of space. This space requirement is broken down in Table 2. These figures are approximate based on scale drawings of the building provided by the OPW. Table 2 – Space required by document type Document/Book type Space required m2 Memorials 484 m2 Abstracts 207 m2 Indexes (Names and Lands) 160 m2 Transcripts/Tombstones 272 m2 Total space required 1,123 m2

The memorials require the most space of approximately 484m2. From discussions with various stakeholders and in assessing the options and recommendations for the preferred option, there is a requirement that the memorials may need to be located in a separate location from the other Registry of Deeds documentation. The reason for this is that the memorials are the original documents and all other documents are distilled or derived from the memorials. By keeping the memorials separate a greater level of protection can be provided to the information contained within the archive. If one site is lost through fire or damage, then the alternative site will still retain valuable information. This approach needs to be assessed with regard to the protection, security and administration overhead offered by a single site option.

The space requirements then, require two locations, one with approximately 484m2 of space for the storage of memorials and another location of 639 m2 to store the names index, lands index, abstracts, transcripts and tombstones as detailed in Table 3 below.

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Table 3 – Space required for future document locations Site Space required Location 1 484m2 Location 2 639m2

If a policy of scanning of memorials and other documents is adopted, then location 1 for the memorials can be a location with minimal public access requirements and where requests for memorials must be processed within 24 hours. Location 2 will need to provide public access for legal searchers and researchers as at present. The accommodation needs associated with ongoing registration work for which public access is necessary could be provided within the ambit of the new Land Registry building.

3.2 PUBLIC ACCESS REQUIREMENTS

The new location of the Registry of Deeds documents needs to provide a level of public access that is comparable or better than the public access that is currently provided at the present location. Access is currently required mainly to abstracts, names and lands indexes and the transcripts. Electronic access to the current database would also be a requirement Public access to the memorials is not a major requirement. Legal requests for original memorials need to be processed within 24 hours. The production of copies of memorials need to be available within a few days. Public access should be supervised to ensure that there is no damage or abuse caused to the documents. The chosen location must meet the requirements for public buildings with regard to wheelchair accessibility and special needs accessibility.

3.3 BUILDING STANDARDS REQUIREMENTS

The new location must comply with all current legislation and guidelines with regard to building standards and health and safety regulations.

3.4 DOCUMENT ACCOMMODATION REQUIREMENTS

The new location must comply with the guidelines as set out in the British Standard BS 5454:2000 Recommendations for the storage and exhibition of archival documents. Specifically, the new location must meet as closely as possible the BS 5454:2000 requirements identified in Table 4 and expanded upon in the standard: Table 4 – BS 5454:2000 criteria

· Thermal inertia · Fire suppression · Air infiltration · Environmental control · Material of surfaces · Temperature · Self contained · Relative humidity · Protection against fire · Ventilation · Protection against water · Shelving · Protection against dust and pollutants · Air conditioning · Protection against pests · Inspection and monitoring · Security · Light · Fire precautions · Storage equipment · Fire detectors and alarms · Packaging for storage

The preferred location must satisfy the physical building and accommodation requirements detailed above, but also the ongoing operating conditions requirements for how the building is managed, monitored and operated. This will involve the preparation of

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a detailed archival operations manual for the daily activities required to ensure the safety and preservation of the documents.

3.5 LOCATION REQUIREMENTS

From the various consultations that were conducted with interested bodies and stakeholders it became clear that there is a unanimous demand that the documents in the Registry of Deeds are located in a Dublin location that is convenient for public transport and pedestrian access from the centre of Dublin. The main users of the documents in the Registry of Deeds are:

· Legal searchers and searching companies – mainly Dublin based;

· Academic researchers from the main colleges – mainly Dublin based;

· Genealogical researchers – mainly Dublin based with some researchers commuting from non-Dublin locations;

· Registry of Deeds official searching staff - Dublin based

3.6 DOCUMENT SCANNING REQUIREMENTS

Scanning is a mature technology and scanning solutions are available which can be used to scan and index the memorials maintained by the Registry of Deeds. Some of the key challenges which the scanning exercise faces include:

· Ensure that scanning does not damage or compromise the documents;

· Ensuring that each scanned document is of a high quality and is a true and accurate representation of the original document;

· Ensure that the scanned images comply with evidential rules for presentation in Court;

· Ensure that each scanned document file is indexed with key information, including date, deed reference, grantor, grantee, property description etc. · Ensure that all memorial documents are scanned completely;

· Ensure that public access is not adversely impacted during the scanning process;

· The scanned documents must be available on-line to the public in a timely and efficient manner that allows easy searching, retrieval and downloading of documents;

· The scanning and indexing process must be meticulously planned and adequately funded;

· The scanning process will take a number of years and require sufficient trained resources to complete;

Based on a costing exercise conducted by Deloitte and Touche in late 2002, it is estimated that the cost of scanning and indexing the memorials up to December 2002 will be of the order of €21.5 million, details of these cost estimates are provided in Table 5:

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Table 5 Estimates 5 for scanning and indexing memorials

5 Based on the Registry of Deeds e-Service Delivery Strategy Report of late 2002 by Deloitte & Touche

Department of Justice, Equality and Law Reform 18/7/06

4. LIST OF OPTIONS

This chapter details the options available to improve the protection and preservation of the documents of the Registry of Deeds. Each option is described and then assessed against a number of criteria.

4.1 BACKGROUND CONSIDERATIONS

There are a number of initiatives planned or underway that have influenced the choice of options and the analysis and rating of these options. These are listed below:

1. Legislation – The “Registration of Deeds and Title Bill, 2004” is expected to be enacted in the second or third quarter of 2006. This bill will repeal the key acts of 1707 and 1832 which govern the operations of the Registry of Deeds;

2. The National Archives are seen as an appropriate body to act as custodian for the protection and preservation of the Registry of Deeds documents and records;

3. It is understood that the National Archives are currently planning to extend their premises on Bishop Street, Dublin 8;

4. Dublin City Council Development Plan 2005 – 2011. This plan identifies the Registry of Deeds as a listed building and the area is zoned as an area of preservation with restricted uses;

5. As a listed building, the Registry of Deeds is limited and constrained in the type of structural and remedial work that can be carried out on the building;

6. The Dublin Institute of Technology (DIT) have plans to build a new campus on the Grange Gorman site opposite the Registry of Deeds. This development will change dramatically the number of students accessing the new campus via Kings Inns and it will change the character of the environment of Grange Gorman, Constitution Hill, Kings Inns and Henrietta Street;

7. DIT have plans to place certain properties on the market, including Bolton Street DIT and the Linen Hall which borders the grounds of Kings Inns;

8. The Land Registry decentralisation plan has been published and makes allowances for the relocation of certain functions to Roscommon. (It is not the intention that the Registry of Deeds be relocated);

9. The OPW have plans to build a new headquarters building for the Land Registry on the old Maguire and Patterson site on Church Street, opposite the Bridewell Garda station;

10. In a number of areas the Government policy has been to sell State owned land to provide improved levels of service to the public, e.g. “A Vision for Change” mental health policy;

11. Any relocation of the documents from the Registry of Deeds will require a significant preparation stage where the documents are prepared in accordance with National Archive standards, including re-boxing, indexing and labelling;

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It is against the backdrop of these initiatives and developments that the options for a more suitable location to better protect and preserve the Registry of Deeds documents and records are assessed. There may be emerging initiatives that may well have an impact on the choice of a specific location, but the options presented here set out the specifications for any presenting initiative or location.

4.2 CRITERIA FOR ASSESSING OPTIONS

Each option has been assessed against a number of criteria and ranked according to whether the criterion for the option is good, fair or poor, where a good ranking means the criterion favours the option and poor means this criterion places the option at a disadvantage. It is acknowledged that this scoring mechanism is extremely high level and does not provide explicit costs, timescales or staff impact assessments that will be needed for a detailed business case. The objective of high level scoring approach is solely to rank the options against the minimum requirements of improved protection and access.

4.2.1 Protection offered to documents

This criterion assesses whether the protection and preservation offered to the documents by the option are an improvement over the current arrangements. Protection includes the physical protection of the documents and records themselves as well as the information contained within the documents. This criterion also assesses the preservation capabilities of the option.

4.2.2 Public access to documents and services

This criterion assesses the level of public access to the information contained in the documents as well as the physical documents themselves. It is suggested that Dublin based options are considered in all instances as this has been the overriding desire of all stakeholders. During the consultation process it was the strong desire of all interviewees that the Registry of Deeds documents remain in a central Dublin location for ease of access for all user groups. A non-Dublin based option is also considered but this is more for comparative purposes.

4.2.3 Cost

The cost to implement the preferred option is also seen as an important criterion. While actual costs have not been calculated as part of the building assessment assignment, the relative costs to implement each option are assessed relative to each other. The Department of Finance will be required to fund any initiative with regards to the documents managed by the Registry of Deeds. Full memorial scanning and indexing costs were estimated to be in the region of €21m (based on a costing exercise conducted by Deloitte and Touche in late 2002) and there will be additional costs for storage either in the National Archives or an appropriate building. This figure is provided here purely as an indicative cost, the full costs associated with the preferred option needs to be identified and a business case prepared (this is outside the scope of this assignment). A potential consideration to explore would be that funds from the possible sale of the Registry of Deeds building can be used by the Department of Finance to cover the full cost to implement every aspect of the preferred the option. A further consideration is a Public Private Partnership (PPP) arrangement thought the commercial business case is not obvious for this funding approach.

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4.2.4 Time to implement

The time to implement may not be as important as other criteria but clearly any option with a fast realisation of benefits should be seen as more desirable. The time to implement each option is estimated in time frames of weeks, months and years.

4.2.5 Impact on the staff and resources

It is important that the impact on staff for each option is assessed with regard to any changes in work practices, location of work and any improvements in work efficiencies.

4.3 OPTION 1 - NO CHANGE - BASELINE

This option involves maintaining the status quo with no changes to the manner in which the documents are stored or made accessible to the public. This option entails keeping the documents at the Registry of Deeds in Henrietta Street and providing unsupervised public access, as at present. This option is considered here to provide a baseline for the remaining options.

Advantages Disadvantages

· Inexpensive, both · Fails to protect and preserve documents financial and resources; · Fails to improve accessibility; · Requires no time to implement; · Documents will continue to deteriorate;

· Document information will be lost;

Criteria Score Description

Protection of physical Poor This criterion scores low as it offers no Documents additional protection to the documents.

Access to the Public Poor This criterion scores low as there is no improvement to public access of the documents.

Cost to implement Good – (Low There are no costs associated with this cost) option.

Time to implement Good – (no This option requires no time to implement. time needed)

Impact on staff and Fair This does not alter the existing Resources arrangements on staff and resources.

In our view this option is not a viable option as it fails to meet the two key objectives, namely to better protect and preserve and to provide improved access to the documents and records.

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4.4 OPTION 2 - UPGRADE CURRENT LOCATION

This option involves bringing the current building up to a specification that better satisfies the requirements to protect and preserve the documents and records and also provides improved access to the public. A key constraint for this option is the fact that the building is a listed building and any changes to the building structure must be approved by the planning authority in Dublin City Council. For this option to be viable, a number of critical changes would need to be made, these include, but are not limited to:

· Improving the air management of the building, specifically the active management of temperature, humidity, light and air borne particles;

· Improving the fire protection and prevention capabilities by installing a fire sprinkler system;

· Improve the document storage mechanisms, documents to be stored in appropriate archival boxes;

· Improve the building in line with BS 5454:2000 “Recommendations for the storage and exhibition of archive documents”.

Advantages Disadvantages

· Makes use of · May not be allowed as this is a listed building; existing building; the cultural and · May not fully address the protection and preservation of the historical documents as all documents are still held together on one site; connections between · Very expensive to implement as the refitting of the listed documents and building would need to be carried out under very strict building guidelines; maintained for posterity; · Building work has the potential to negatively impact on the documents through dust and building site pollutants. Tight · Presents minimal control and management of the works would minimise this impact on negative impact; document users; · Requires each document to be moved during building work;

· Fails to improve accessibility to the information contained in the documents, unless combined with scanning and indexing.

Criteria Score Description

Protection of physical Fair This criterion scores low as works may cause a Documents negative impact on the documents.

Access to the Public Poor This criterion scores low as there is no improvement to public access of the documents unless combined with scanning or a new access regime is modelled as part of the building programme.

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Cost to implement Poor – High The cost to improve the building would be substantial cost) while the accessibility to the documents would not be any greater than at present.

Time to implement Fair This option might require a number of years to implement, but not as long as a scanning and indexing exercise.

Impact on staff and Fair – This option would be a disruptive impact on staff and Resources Minimal resources as staff would have to relocate during any staff impact building work. Building work could be organised to cause minimum disruption.

Department of Justice, Equality and Law Reform 18/7/06 4. List of Options

4.5 OPTION 3 - RELOCATE OPERATIONS AND REORGANISE THE BUILDING

This option involves relocating the operations of the Registry of Deeds and reorganising the building to provide improved protection and access for the documents. The main processes to be considered for relocation are:

1. Registration of new Deeds

2. Legal searches against the documents and records;

3. Access for genealogical and academic research;

A process for accessing the memorials would be required for those instances when the original memorial is required, either as evidence in court or to satisfy a research requirement to see the original memorial and any associated seals.

In this option, it is only feasible to relocate the registration of new deeds process. The other processes are tied to the documents in their current location. As such, this option would only entail the relocation of the registration of new deeds process, everything else would remain as it currently stands.

4.5.1 Registration of New Deeds

The registration of new deeds is a process that is independent of the current location and the documents. This process can be carried out in any location with generic administrative and I.T. support services. This process does not require any special building characteristics and can be performed from a wide range of alternative locations. The process for registering new deeds is detailed in Figure 2

Future Registration of Deeds Process (Post 2007)

Present Deed By post or to the Public physicallly delivery Office in the Registry of Deeds Grantor (or representative party)

Input required Assign serial Add Grantors Return Deed Scan Deed fields to number to the Name to the Register Deed to presenting onto eRAMIS populate the Deed Names Index party Abstract

As per the details Registry of Deeds of the 2004 Bill Figure 2 – Possible future process for the registration of new deeds

4.5.2 Legal Searches

Conducting a search of the Registry of Deeds records is undertaken by interrogating the names index and the abstracts (may also involve the transcripts if searching prior to 1969). Searching from 1970 to the present date (with the exception of 1977) involves the use of the RAMIS computer system which contains an electronic copy of names indices

Department of Justice, Equality and Law Reform 18/7/06 4. List of Options

going back to 1970. The searching process for information prior to 1969 is tied to the manual documents and cannot be relocated without the documents being relocated also. To relocate the legal search process would entail relocating the names index, lands Index and the abstracts, transcripts and tombstones. It would also require excellent electronic access links at the new searching location to the electronic index database to enable searchers and genealogists conduct manual and computer searching at the new location

4.5.3 Genealogical Research

There is a small but important user community made up of genealogical researchers and academics who carry out significant research against the documents held in the Registry of Deeds. These stakeholder groups primarily require access to the names index, lands index, abstracts and the transcripts or tombstones. Infrequently, access is required to the memorials. This research process is tied to the documents and cannot be relocated without the document being relocated. Genealogists on occasion need access to the computer database.

Advantages Disadvantages

· The registration of new deeds process · Does not improve the protection or and staff can be moved; preservation of documents;

· The cost to implement is not significant; · Does not improve document accessibility; · The time to implement is measured in weeks;

Criteria Score Description

Protection of physical Poor This option does not improve document Documents protection.

Access to the Public Poor This option does not improve document accessibility.

Cost to implement Good The cost to implement this option are not significant;

Time to implement Good The time to implement this option is measured in weeks rather than months.

Impact on staff and Resources Fair Staff can be relocated to more cost effective premises. However, the requirement to maintain staff presence in two locations does not give economies of scale

Department of Justice, Equality and Law Reform 18/7/06 4. List of Options

4.6 OPTION 4 - PRIORITISE KEY DOCUMENTS

In this option, the documents held in the Registry of Deeds are separated and held in separate location. Under the current arrangements, if the site experiences a fire or damage then the complete repository of documents is at risk. If the documents were separated then in the event of a fire key documents can be better protected.

The documents in the Registry of Deeds consists of memorials, names index, lands index, abstracts and transcripts/tombstones. All documents are derived from the memorials as illustrated in the diagram below.

Memorials

Names Lands Abstracts Transcripts Index Index

Figure 3 – Relationship between memorials and other documents

By separating the memorials from the other documents, then in the event of a fire the information contained in the documents is held separately and can be reconstituted. There is currently off site storage of micro film (for memorials going back to 1930) and computerised back up material (for abstracts dating back to 1970) which represents the key material for reconstruction of legal data. Advantages Disadvantages

· Provides improved · This option does not provide a solution which protection to the specifically addresses the protection and documents; preservation of the documents;

· Does not involve significant · The access to documents is not improved over the cost; current arrangements;

· This option can be · Operations would be spread over two locations and completed in a number of would incur additional staff costs and overhead months; costs; this also increases the risk to documents with controls required in two locations. · This option does not impede public access; · There may be increased risk to the documents with controls required in two locations;

Criteria Score Description

Protection of Documents Fair This option addresses the protection of documents but not the preservation of documents.

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Access to the Public Fair This option does not make any improvement to the current level of access to the documents.

Cost to implement Good The cost to implement is not significant.

Time to implement Good The time to implement is measured in months.

Impact on staff and Resources Fair There would be a requirement for staff to be located in two sites with possibly increased overheads.

Department of Justice, Equality and Law Reform 18/7/06 4. List of Options

4.7 OPTION 5 - SCAN, INDEX AND STORE

This option involves the scanning and indexing of all the documents contained within the Registry of Deeds. There is a significant volume of documents and records and clearly there is a sequence in which the documents should be scanned to provide benefits as early as possible. There will be a requirement to create detailed project plans for this option and ensure the benefits expected are realised.

This option does not address the physical location requirements of the documents and assumes that once scanned, the documents can be stored in a suitable location. This option should be considered in parallel with an option which addresses the building and location requirements.

Advantages Disadvantages

· The information contained in the · Scanning does not address the documents is protected and preserved; requirements to physically store the documents in a more appropriate · Once scanned, documents can be environment; accessible on-line; · Scanning may take a significant · Searching for information would be amount of time, measured in years; dramatically improved by the creation of additional indexes ; · The cost to scan is significant, together with the additional cost of creating the · Public access to documents would be indexes and a quality control exercise; dramatically improved; · Careful planning is needed to ensure that scanning does not impact daily operations nor user access to the documents;

Criteria Score Description

Protection of physical Fair Scanning provides the best protection for Documents the information held on the documents and records.

Access to the Public Good Scanning provides the best public access, online.

Cost to implement Poor – (High This is a costly option to implement. cost) There is a need to quantify the cost in detail.

Time to implement Poor – (High This option requires a number of years to time) implement.

Impact on staff and Fair – Careful planning is required to ensure Resources (medium scanning does not impact staff or users. impact)

Department of Justice, Equality and Law Reform 18/7/06 4. List of Options

4.7.1 Sub Option – Partial Scan of Memorial

A sub-option to partially scan memorials covering a number of years was considered. This sub-option would involve the following:

· Scanning and indexing of memorials going back a specific number of years, for example 50 years;

· All other memorials and documents would remain as they currently are at present;

· Scanned memorials can be made available on-line for public access;

The benefits of this sub-option would be that the memorials that are more frequently used by law searchers would be more accessible and this would address up to 90% of their search requirements.

The disadvantages of this sub-option include:

· Memorials that are not scanned still need to be available to the public at the current location;

· This option does not provide improved protection or preservation of the documents;

· This option introduces another island of information for those memorials that are scanned. Researchers and searchers would have to refer to more than one source of information to carry out their work;

· This option does not address the deficiencies of the current accommodation.

Because of these disadvantages this sub-option is not seen as viable on it’s own. However, this sub-option does present a useful implementation approach for the preferred option, where memorials that are more frequently used by the legal searchers can be scanned and index first to provide a quick win for the initiative.

Department of Justice, Equality and Law Reform 18/7/06 4. List of Options

4.8 OPTION 6 - RELOCATE DOCUMENTS TO NATIONAL ARCHIVE

In this option all Registry of Deeds documents and records are relocated to a National Archives location where the documents are managed according to archival standards and controlled by a trained archivist who would be skilled in document protection and preservation skills. The National Archives are trained and experienced in document protection and preservation and so this is a natural choice for improved document management. However, on its own this option does not address the public accessibility requirement. The choice of building locations also becomes a potential issue as the National Archives do not have an adequate supply of document storage space.

A sub-option which involves transferring only the memorial documents to the National Archives would place less space demands on the National Archives, but access memorials in the National Archives would be dramatically reduced from the current arrangement and would be unworkable from a National Archives perspective.

Advantages Disadvantages

· Documents are better preserved by a qualified archivist; · Does not address the public accessibility · Documents are better protected; requirements;

· Allows for memorials to be stored separately from other · The National Archives Registry of Deeds documents, offering greater may have space protection; limitations themselves;

· This option can be implemented fairly quickly, requiring the transfer of documents in an orderly and planned manner;

Criteria Score Description

Protection of physical Good The documents would be better protected under Documents the care of the National Archives in an appropriate controlled repository.

Access to the Public Poor Access could be more restricted than at present.

Cost to implement Fair The costs involved are logistics, document preparation which includes boxing the documents and transfer to the National Archive;

Time to implement Good The time to implement could be measured in months rather than years. The main activities involve preparing the documents, re-boxing, indexing and transferring.

Impact on staff and Poor Without scanning or access to the document Resources being addressed, the Registry of Deeds staff would still need some form of access to the documents for operational purposes.

Department of Justice, Equality and Law Reform 18/7/06 4. List of Options

4.9 OPTION 7 - BUILD A CUSTOM BUILDING

The option entails the construction of a custom built document repository which satisfies the building and location requirements of the documents. While this option only addresses the location requirements, the option to scan and index the documents should be seen in parallel with this option to improve the protection and accessibility of the documents and records. The choice of site will be key for this option. Given that DIT are building a new campus at Grange Gorman, site options may become available once Bolton Street DIT is vacated. The site at Linen Hall on Bolton Street is currently on the market.

Advantages Disadvantages

· Building is built to meet the · This is a costly option to implement as it involves document storage procuring a suitable site and the building of a custom specifications; building;

· Documents are better · Significant time is required to build the custom protected and preserved; building and relocate the documents;

· Public access to · Public access would be no better than in the present documents can be part of location; the new building functions; · A suitable site may be difficult and costly to procure, though several sites are becoming available in the Dublin 7 area (Bolton St, Linen Hall etc.)

Criteria Score Description

Protection of physical Fair A custom build building provides the best fit Documents for physical document protection and preservation requirements, but it does not address the issue of document deterioration through continued handling.

Access to the Public Fair This option provides no improvement over the current public access capabilities to information.

Cost to implement Poor This may be a costly option considering site acquisition and building costs.

Time to implement Poor This option will require years rather than months, between site acquisition, construction and document migration.

Impact on staff and Resources Fair The impact on staff would be minimal, assuming that it only involves a relocation to the new building which is assumed to be in the central Dublin area.

Department of Justice, Equality and Law Reform 18/7/06 4. List of Options

4.10 OPTION 8 - RELOCATE TO OTHER EXISTING BUILDING

In this option the documents are relocated to an existing premises in a central Dublin area which provides a closer match to the specification of requirements listed earlier in this document. This option assumes that such a site exists and can be sourced either via the Office of Public Works (OPW) or through employing a property search company. The key criterion that this option must satisfy is that it meets the building specifications listed earlier. Advantages Disadvantages

· Existing building proves better · Access to the documents is not necessarily protection and preservation for the improved with this option; documents; · There may be significant costs involved in · Time to implement is reduced as the procuring a suitable alternative building; building is currently built; · The cost to implement would be high and · There would be minimal impact on would involve procuring the building, fitting staff; it out and relocating the documents.

Criteria Score Description

Protection of physical Fair Documents would be in a better environment Documents and better protected.

Access to the Public Poor Access to the documents would be no better than at present unless better access facilities are incorporated in programme

Cost to implement Poor The cost to implement would involve the procurement of a suitable location and fitting it out to BS5454 specification.

Time to implement Fair The time to implement would be measured in a small number of years.

Impact on staff and Resources Good There would be minimal impact on staff.

Department of Justice, Equality and Law Reform 18/7/06 4. List of Options

4.11 OPTION 9 - RELOCATE TO A NON-DUBLIN LOCATION

This option is the same as option 8 above but involves relocating to a location outside of the greater Dublin area. This option is explored to contrast with the options to locate in an alternative Dublin location and also to explore the implications of a non-Dublin location. Given that nearly all people consulted indicated a strong requirement for the documents to remain in a central Dublin location, if this was not a requirement then the options available would be greatly expanded and the range of possible sites would dramatically increase.

Key assumption for this option is that a Dublin location is not mandatory

Even though this assumption does not hold true, if we were to consider this option, then it scores the same as option 7 for a custom build building or option 8 for the relocation option.

This option becomes more viable when considered in conjunction with the scanning option. If the documents are scanned and the information contained in the deeds is made available electronically, this then facilitates more powerful and flexible preliminary research to be conducted before any site visit is required. With access to the information in scanned images, a person who requires to see the physical documents can plan a site visit and identify specific deeds that they may require to physically access. The case for locating documents in an expensive Dublin location to satisfy a relatively small (though important) number of stakeholders is not as strong.

Advantages Disadvantages

· The building that is · Access to the documents is not necessarily improved selected must provide with this option (though with scanning this better protection and disadvantage is mitigated); preservation for the documents; · There may be significant costs involved in procuring a suitable alternative building; · Time to implement is reduced as the building is · The cost to implement would be high and would currently built; involve procuring the building, fitting it out and relocating the documents; · Not as expensive as a Dublin location · Staff would be adversely impacted with a building move outside Dublin, as would law searchers and genealogists.

Criteria Score Description

Protection of Fair Documents would be in a better environment and better Documents protected.

Access to the Public Poor Access to the documents would be no better than at present, unless better access facilities are incorporated in the programme (electronic access to document information would mitigate this).

Cost to implement Poor The cost to implement would involve the procurement of (high a suitable location, fitting it out and preparing the 29

Department of Justice, Equality and Law Reform 18/7/06 4. List of Options

(high a suitable location, fitting it out and preparing the cost) documents for relocation.

Time to implement Fair The time to implement would be measured in a small number of years.

Impact on staff and Poor There would be a requirement for staff to relocate to the Resources new location.

4.12 OPTION 10 - COMBINATION OF OPTIONS

This option is a combination of a number of options and is structured in such a way as to maximise the benefits available from the options available. This option looks to maximise the document protection and preservation while also increasing the document access. The combination of options includes:

Option 3 - Relocate process

Option 5 - Scan, Index and Store

Option 6 - Relocate Documents to National Archive

By combining a number of options better protection, preservation and document access can be achieved. A number of work streams are involved in implementing this option and there is a requirement to carry out comprehensive planning to co-ordinate the work streams and ensure the benefits are realised.

A variation on this option is to include option 9, relocate to a non-Dublin location. This would reduce the costs associated with the building and its location, though it would potentially provide an inconvenience for a number of stakeholders who would still require access to the physical deeds.

Advantages Disadvantages

· Provides the best protection and · The costs involved are significant as it preservation of documents; involves scanning, new site procurement and document migration; · Provides the best level of document access; · This option will take a number of years to complete; · Is the most comprehensive option; · Staff will have to relocate to a new location;

Criteria Score Description

Protection of physical Good This option provides the best protection for the Documents information on the documents and the documents themselves.

Access to the Public Good This option provides excellent access to the information on the documents.

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Cost to implement Poor This option will be the most costly to implement.

Time to implement Poor This option will take a number of years to implement.

Impact on staff and Resources Good There is minimal impact on staff, requiring only a building move.

Department of Justice, Equality and Law Reform 18/7/06 5. Preferred Option Assessment

5. PREFERRED OPTION ASSESSMENT

Following on from the assessment of each option the preferred option is option 10, which is a combination of a number of other options. This solution presents the best level of document and record protection and preservation while also offering the best level of access to the information contained within the documents. Table 6 below presents a summary of the options assessment and clearly option 10 provides the best level of protection and access to the documents. Option 5 provides a good level of protection and access but does not offer physical document protection or preservation. Table 6 – summary of high level option scores

Option Description Protection Access Cost Time Staff impact

Option 1 No change P P G G F

Option 2 Upgrade F P P F F

Option 3 Relocate process P P G G F

Option 4 Prioritise F F G G F

Option 5 Scan and index F G P P F

Option 6 National Archives G P F G P

Option 7 Custom building F F P P F

Option 8 Relocate building F P P F G

Option 9 Non Dublin site F P P F P

Option 10 Combination G G P P G

5.1 OPTIONS SHORTLIST

Short listing of the options was conducted based on the high level scores for protection and access. Any option which does not have a score of “Good” for protection or access is discounted from any further consideration. Table 7 shows the options that remain for consideration after the elimination of those options which did not satisfy the minimum criteria of “Good” protection or access. Table 7 – shortlist of options

Option Description Protection Access Cost Time Staff impact

Option 5 Scan and index F G P P F

Option 6 National Archives G P F G P

Option 10 Combination G G P P G

Department of Justice, Equality and Law Reform 18/7/06 5. Preferred Option Assessment

5.2 THE PERFERRED OPTION

The preferred option that is option 10 which offers both improved protection of the documents and improved access to the information contained within the documents. Option 10 involves:

5.2.1 Scan, Index and Store

This workstream involves the scanning and indexing of the memorials in such a way that the information that is of value is distilled or abstracted from the memorials into an index associated with the scanned image. This new index may well replace the function of the names index and abstract books. The information contained within the memorials is now extracted from the memorial and made available for searching and sorting using electronic means.

A detailed plan to prepare for scanning, to define the template for indexing and data extraction from the memorials and to actually conduct the scanning process is required. The indicative cost to scan and index the 4.8 million memorials is estimated at €21.56 millions.

5.2.2 Relocate Documents to National Archives

It is the statutory function of the National Archives to store, protect and preserve archival material. It is acknowledged that a National Archives facility is the preferred custodian of the documents. However at present the National Archives do not a have sufficient storage facilities for any documents from the Registry of Deeds. They acknowledge that the best place for the documents until they are in a position to take change of the material is at their present location.

Many of those consulted as part of this assignment have said that the National Archive is the best location for the Registry of Deeds documents to be stored. The National Archives themselves have said that they see themselves as the preferred custodian of the documents. The key issues to be addressed with this workstream is the current lack of space available in the National Archives for the storage of any documents from the Registry of Deeds and the preparation of the documents for transfer to the National Archives.

A. SPACE ISSUE

At present there is insufficient space available in the National Archive to store the documents from the Registry of Deeds. It is understood that the National Archive is planning to extend their premises in Bishop Street but this is at a very early stage in the process. If the documents are to be transferred to the National Archive there may be a need to store the documents in an interim location which meets BS5454:2000 specifications. The National Archives are not in favour of the interim storage of documents as this raises issues of displacement, damage in transit etc

6 This figure is based on estimates from a scanning assessment carried out for the Registry of Deeds by Deloitte & Touche in late 2002.

Department of Justice, Equality and Law Reform 18/7/06 5. Preferred Option Assessment

B. DOCUMENT PREPARATION

It is essential that the documents are prepared according to the guidelines 7set out by the National Archives before being transferred to the National Archives. The preparation of the documents will include boxing of the documents and records in appropriate archival storage boxes, indexing each item and providing appropriate labelling for all items. Given that there are approximately 4.8 million memorials alone, this will be a significant task. The preparation of the documents should be co-ordinated with the scanning and indexing workstream so that the handling of documents is minimised. The actual transfer of the documents will follow the guidelines set out by the National Archives and will involve the physical movement of the documents from the Registry of Deeds to the National Archives.

5.2.3 Relocate process

Once the documents have been scanned, indexed and relocated to the National Archive, the processes previously carried out at the Registry of Deeds can be relocated. The proposed location being the new Lands Registry building which is currently being planned by the OPW. This location would handle the registration of new deeds which would be scanned and indexed at source and added to the central database of memorial of deeds.

Legal searches against the documents and records could then be carried out against the new indexes created during the scanning process. The facility to search on-line would greatly improve the efficiency of searches. Access for genealogical and academic research would also be greatly improved with an on-line search facility.

7 National Archives Guidelines 2004/1 “Transfer of paper departmental records to the National Archives”

Department of Justice, Equality and Law Reform 18/7/06

6. RECOMMENDATIONS AND NEXT STEPS

6.1 PRAGMATIC IMPLEMENTATION OF THE PREFERRED OPTION

The implementation of the preferred option is dependent on a number of preliminary activities being completed first. The primary objectives must always be to the forefront during the project implementation, namely:

1. To protect and preserve the documents;

2. To improve the access to the information contained within the documents;

The preliminary activities required are detailed below.

6.1.1 Project Management and Planning

A detailed project plan must be prepared which explains in detail the activities to be completed, the timeline for completion, roles and responsibilities, project management activities, risk management, financial management, change management and a stakeholder communication plan. There are several elements which are essential for successful project management, these are illustrated in Figure 4 below:

Management Tracking & Clarity Reporting Corrective Action Risk & Issue Communication Management

Schedules Change Programme Mgmt (milestones) Management

Dependencies Benefits

Planning Resource Management

Figure 4 – Elements of successful project management

6.1.2 Document transition preparation

The preparation of the documents for transfer to the National Archive is an important activity and involves ensuring that the documents are presented to the National Archives in a safe and secure manner and in accordance with their acceptance criteria. Some of the activities involved in this stage include:

Department of Justice, Equality and Law Reform 18/7/06 6. Recommendations and Next Steps

1. An inventory of the documents must be taken to determine the precise number and type of documents that are to be transferred;

2. The documents must be boxed in a manner that conforms to the specifications as outlined in National Archives guidelines 2004/1;

3. The documents must be individually indexed and a clear and simple methodology prepared for the search and retrieval of documents prepared;

4. A document transfer project plan is required which clearly identifies all activities required to ensure the smooth and safe transfer of the documents to the National Archive.

Given that there are approximately 4.8 million memorials currently stored in bundles of 300, there would be a requirement for 16,000 storage boxes to hold this volume of memorials.

6.1.3 Resource requirements

Having the right resources to carry out the work is essential. There is currently no additional staff capacity within the Registry of Deeds nor the Land Registry to carry out much of the work that is described in this section. Resourcing options that might be considered are the secondment of staff from other Departments and the outsourcing of certain activities to specialist archivists and conservationists.

There will be a requirement for the services of an archivist and of a conservationist to be employed on this assignment to ensure that there is no negative impact on the documents.

The Land Registry have valuable experience in scanning and indexing of documents from a recent initiative in their area. This experience should be brought to bear for the planning and implementation of the preferred option.

6.1.4 Appointment of an Archivist

Currently there is no dedicated archivist responsible for the protection, preservation, conservation and management of the documents in the Registry of Deeds. Several stakeholders who were consulted as part of this exercise strongly recommended that an experienced, professional archivist be involved in the implementation of the preferred option and that at all times the documents are managed according to the highest archival standards and practices. Any activity that impacts the documents must be managed and co-ordinated by an experienced archivist.

6.1.5 Financing

Without funding none of these project activities can happen. Central to any decision to proceed with improving the protection and access of the documents will be a need for sufficient funding to finance all activities required to make the project a success. There are a number of sources for funding which include:

· Government funding – the Government can decide to fund the initiative themselves from State funds.

· Public Private Partnership – the Government can partner with a private firm to carry out the assignment, though there does not appear to be a clear commercial

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payback for any private firm in this model. While there is no clear income stream, there may be rental income from a possible PPP arrangement.

· The sale of the Registry of Deeds building to release funds – once the documents have been relocated to the National Archives then the State is left with a fine building which could possibly be sold and used for any of the variety of uses outlined in the Dublin City Council’s current development plan. The funds released from any sale would go to the Exchequer but could be sufficient to cover the costs of full implementation of the preferred option.

· It was a strong view of many stakeholders that charges for access to the Registry of Deeds documents must not increase as this would impact the accessibility to the documents from a cost perspective.

While the detailed costing of options is outside the remit of this assignment, the key cost elements for this assignment are listed in Figure 5. In the UK the National Council on Archives submitted a memorandum to the House of Commons on “Regulatory Reform - Minutes of Evidence” in which they provide some cost estimates for the construction of an archive which conforms to BS5454:2000. Figure 5 - High level cost estimates

Activity Cost estimate

Scanning and Indexing of memorials to 2002* €21,500,000

Staffing and Resourcing (including a dedicated archivist) €180,000

Document Preparation (To box, label, catalogue index 16,000 bundles €70,000 of 4.8m memorials with 10 staff working for 20 days at a day rate of €350)

Programme Management (based on 200 days project management, €320,000 provided by Land registry or outsourced)

Process relocation, training, planning, logistics etc. (assumes €1,000 €48,000 per staff member, 48 staff)

Estimate of cost of building new National Archives storage to meet €2,118,000 BS5454 at €1,7658 per m2, 1,200 m2 new storage required

Acquisition of property for the National Archives to store the Registry of Depends of Deeds documents market conditions

(Very approximate high level costs, indicative only) €24,236,000

Plus site costs

* The date of the Deloitte and Touche report.

8 UK House of Commons, Regulatory Reform - Minutes of Evidence: Memorandum submitted by the National Council on Archives, Appendix A, Section 4 http://www.publications.parliament.uk/pa/cm200405/cmselect/cmdereg/118/4102611.htm

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6.1.6 Stakeholder Involvement

During the course of the consultation with the stakeholders it was expressed time and again that if any initiative is to be implemented that affected the documents in the Registry of Deeds that the stakeholders need to be kept informed and that they be allowed contribute their opinion as to how the preferred option is implemented. Many of these stakeholders require uninterrupted access to the information contained within the documents and there is a need for formal communications with all stakeholders advising them on the status and planned activities of the implementation project.

6.1.7 Benefits Management

Benefit management is the programme management process that allows a project to maximise the return from its constituent programmes and project work-streams. Prior to contract signatures, the project team will finalise the project benefits management strategy with the solution supplier, identifying when and how benefits will be realised throughout the project implementation and steady state operations. The agreed benefit strategy will set out how the benefits management process will be applied in practice, providing greater detail for the operation of the process and setting out key management elements such as organisation, responsibilities and reporting.

The diagram in Figure 6 illustrates the approach adopted to manage benefits realisation. Figure 6 – Benefits Management Approach

Identify the Develop Prepare Monitor and Ensure potential benefits benefits optimise benefits benefits model management project value realisation plan

Identifies the potential Documents, in a formal Ensures the benefits are benefits and determines programme document who realised at the end of each how the benefits will be is responsible for delivering phase of the programme, measured. each benefit and how that on completion of programme benefit will be measured delivery and set up for delivery when project ‘operational’ Models the anticipated Permits adjustment of the benefits in relation to the delivery work programme business and technical to reflect changing priorities investments needed and and implementation progress states where, how, and when benefits are to be realised

The agreed benefits strategy will define the following primary deliverables: · A Benefits Model – which provides a central management information system to underpin the benefits management process; · Individual Business Stream Benefits Realisation Plans – which sets out how operating units plan to realise the benefits for which they are responsible; · Benefit progress reports – which provide the essential information to make benefits management a living process, thus ensuring that changes can be tracked and that expected benefits could be actively managed and realised.

6.2 ALTERNATIVE USE OF THE REGISTRY OF DEEDS BUILDING

It is worth discussing how to derive the best value from the Registry of Deeds building should these recommendations be accepted. As discussed earlier in chapter 2, the Registry of Deeds building is of architectural importance, being one of three Gandon

Department of Justice, Equality and Law Reform 18/7/06 6. Recommendations and Next Steps

buildings along with the Custom House and the Four Courts. With the documents from the Registry of Deeds no longer in situ the uses for the building will be governed by the permissible uses as dictated by the Dublin City Council plan 2005-2011. The Registry of Deeds building is a listed building in a conservation area (zone 8) and is constrained by the permissible uses detailed below.

Land Use Zoning Objective Z8:9

To protect the existing architectural and civic design character, to allow only for limited expansion consistent with the conservation objective. To allow primarily residential and compatible office and institutional uses. Lands zoned Objective Z8 incorporate the main conservation areas in the city, primarily the Georgian Squares. The aim is to protect the architectural design and overall setting of such areas. A range of uses are permitted in such zones, the main ones of which are residential, office and industrial uses that do not impact negatively on the architectural character and setting of the area.

Zoning Objective Z8:

• Permissible Uses

Childcare facility, Cultural/recreational building and uses, Education, Embassy, Guest house, Home-based economic activity, Hostel, Hotel, Medical and related consultants, Office (maximum 50% of unit and excluding retail branch bank/building society), Open space, Residential.

• Open for Consideration Uses

Buildings for the health, safety and welfare of the public, Nightclub, Place of public worship, Public service installation, Restaurant.

Clearly the building can be used for an alternative state purpose. Alternatively the State can decide to sell the building and the Exchequer can use the funds from the sale to finance the document scanning, indexing and relocation.

6.2.1 Issues relating to the disposal of the building

There is a number of items that should be considered with regard to the merits of disposal of the Registry of Deeds building at Henrietta Street. Some of these are briefly discussed below.

· National interest – The building is of national interest, the building has been in public ownership since the early 1800s and has a long history of public use.

· Heritage – the building is a James Gandon building and as such has significant architectural importance. The building is currently used by students in Bolton Street DIT for field work and surveying. Should the building be disposed then there is a need that the public can get access to the building, perhaps along the lines of the Custom House and the Four Courts.

· Community access – the Registry of Deeds building is in the ground of the Honourable Society of King’s Inns and the King’s Inns park. This park is used by

9 http://www.dublincity.ie/shaping_the_city/future_planning/development_plan/14.pdf

Department of Justice, Equality and Law Reform 18/7/06 6. Recommendations and Next Steps

the local community and there is a public access through the grounds to Henrietta Street, Bolton Street and the city centre. These local amenities should be maintained in the event of a sale.

· Grangegorman campus and the emerging legal quarter – there is the emergence of a legal quarter in the area of the Four Courts, Church Street, Henrietta Street and King’s Inns. The DIT have planned to build a new college campus in Grangegorman which is across the road from King’s Inns. This campus will bring a new influx of students and associated public traffic to this part of the city and greatly help in the rejuvenation to this area. The sale of the building to the King’s Inns for use for educational purposes would fit within the spirit of the new development of Grangegorman and the emerging legal quarter.

· Planning and development considerations, zoned uses – there are specified permissible uses that the building can be used for (as detailed on the previous page). Clearly the building should be used for dignified and acceptable purposes and that are allowed under the permitted usage as determined by the Dublin City Council.

· King’s Inns – As immediate neighbours and occupiers of the other half of this Gandon building, the Honourable Society of King’s Inns have occupied their part of the building since it was originally constructed. King’s Inns are likely to present themselves as a viable candidate for the purchase of the building given the current use on site as an educational facility, the history of association between the King’s Inns and Registry of Deeds, and the preservation of the building for use by an institution that has a long and reputable Irish history.

Department of Justice, Equality and Law Reform 18/7/06

APPENDIX A: CONSULTEES

The following people were consulted as part of this exercise: Table 8 – Stakeholders consulted as part of the assignment

Name Organisation

Diarmuid Clancy Director of Operations, Land Registry

Patricia Boyd Registry of Deeds

Joe Menton Irish Law Searchers Association

Michael Merrigan Genealogical Society of Ireland

Frances McGee Head of Preservation, National Archives

Kevin McLoone Office of Public Works

Brian Gallagher Conveyancing Committee of the Incorporated Law Society

Majella Egan McCann Fitzgerald Solicitors

Dr Edward McParland History of Art, TCD

Peter Heaslip Buildings and Facilities, DIT

Planning Division Dublin City Council

Camilla McAleese Under Treasurer, The Honourable Society of King’s Inns

Dr Christine Casey School Of Art History & Cultural Policy, UCD

Dr Anngret Simms Editor of the Irish Historic Towns Atlas

Professor Raymond Editor of the Irish Historic Towns Atlas Gillespie Prof of History in National University of Ireland, Maynooth

Professor Howard Clarke Editor of the Irish Historic Towns Atlas

John O’Grady Architect and amateur genealogist

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APPENDIX B: HISTORICAL BACKGROUND TO THE REGISTRY OF DEEDS

To understand the long unbroken history of Land Registration in Ireland it is necessary to know something of the nature of the tenure of the land in Ireland and of the law regulation land registration.

By way of background, there are two registering systems that deal with land in Ireland:-

The Registry of Deeds System: Set up by the Registry of Deeds Act, 1707

The Land Registration System: Set up by the Local Registration of Title (Ireland) Act, 1891 and updated by the Registration of Title Act, 1964

The Registry of Deeds System is one of recording notice of and the priority of deeds and conveyances as between themselves and over other unrecorded deeds and documents. This process does not guarantee the effectiveness of a deed and it does not interpret a deed. It simply records its existence. The Land Registration System, on the other hand, records title to land and on registration the State guarantees the title as recorded in the register.

Land registered under the Land Registration System is termed "Registered Land" and nowadays accounts for more than 80% of the land in the state. Land where deeds are registered under the Registry of Deeds System is termed "Unregistered Land" and accounts for the remaining portion of the land in the State. Because of the history of Registration of Title most agricultural land is registered and most old urban land is unregistered.

The two systems are mutually exclusive. On registration of a title to an estate under land in the Land Registration System, documents relating to that estate are exempted from the Registry of Deeds system from then on.

"Land" has a broad meaning, it includes the land itself, any structures on or under the land, mines and minerals in the land, the space above the land and what are termed incorporeal hereditaments (e.g. rights of way, fishing rights and turbary rights). There can also be different estates in land. You can have a freehold estate (e.g. fee simple), a life estate or you can have a leasehold estate. To make life more complicated you can have a freehold estate registered in the Registry of Deeds and a leasehold estate in the same land registered in the Land Registry at the same time and vice versa.

B.1 BRIEF HISTORICAL REVIEW OF REGISTRATION.

The history of registration in Ireland is inextricably linked to the history of registration in England. Under the native Irish Brehon Laws there were no title deeds to property and therefore no registration system. The beginning of the 17th century saw the end of the Brehon Laws and the imposition of the English common law and statutes. Thus to understand the history of registration we have to start with the situation as it existed in England.

In 1066 the Feudal system totally supplanted the previous laws and customs in relation to the alienation of property in England. From then on all land was held from the king and the power of alienation (i.e. selling or disposing of land) was swept away and rights of testamentary disposition (leaving property in a will) and of inheritance on intestacy were altered in favour of the king. In 1290 by the statute Quia Emptores a free tenant was permitted to alienate the whole or part of his holding by substitution i.e. someone else

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takes his place as the tenant. Publicity was necessary which comprised of the delivery of possession before witnesses on the land itself. This was to ensure that the landlord (and ultimately the king) knew from whom services were due. This was called "FEOFFMENT WITH LIVERY OF SEISIN". The practice grew up that a charter, later a deed, was added as a record and for identification of the interest involved. This set up a tension that has persisted to the present day; the desire on the one hand for secrecy by the parties dealing with land and the demand for publicity by the authorities - on both sides some form of taxation was usually the issue.

The principle of publicity inherent in feoffment with livery of seisin was evaded by means of the "USE" which the Courts of Chancery would enforce and which required neither formality nor publicity. Thus an equitable interest was created distinct from the legal interest and feudal dues could be avoided. This led to the passing of the Statute of Uses in 1535. This statute executed the use and converted the equitable interest into a full legal one. However, at the same time, other uses could be created by other means than a formal conveyance e.g. by "Bargain and Sale" and these were not converted by the Statute of Uses. Therefore, in the same year the Statute of Enrolments was passed (i.e. 1535). Thereafter conveyances of freehold by bargain and sale had to be enrolled in court - the First Registration Act in England. However, as the statute only covered freeholds, the device of "LEASE AND RELEASE" became the common method of conveying freehold land in order to evade publicity. The Statute of Uses was also avoided by using the "USE UPON A USE". Secrecy in English conveyancing thus became established.

During the reign of Queen Anne this problem was addressed again. Several statutes were passed with a view to inducing, by a system of indirect compulsion, the registration of deeds affecting land. Between 1703 and 1735 Registry of Deeds were set up in Yorkshire and Middlesex.

A general Registry of Deeds for the whole of Ireland was set up by an Act of the Irish Parliament in 1707. The preamble to the act read

"For securing purchasers preventing forgeries and fraudulent gifts and conveyances of lands tenements and hereditaments which have been frequently practised in this kingdom especially by Papists to the great prejudice of the Protestant interest -----".

While obviously part of the Penal Statutes, by strange reversal of fortune it formed the pivot on which depended, to a large extent ,the ultimate success of the operations consequent to the remedial Land Acts legislation enacted in the latter half of the 19th Century for the purpose of re-establishing the peasant farmer as owner of land. It was also quickly realised by lawyers that in the Registry of Deeds offered a safe and secure method of recording all transactions relating to land. Registration is based on a Memorial, which is filed in the Registry, evidencing the important elements of the deed. The memorials and the information from them are then made available for public inspection. The fact that the Registry’s services remain a corner stone of conveyancing practice in Ireland some 300 years on is a tribute to the integrity and credibility of the records. This achievement could not have been realised without the dedication of staff throughout the generations diligently passing on their expertise and skills and creating a culture of pride and commitment in upholding and safeguarding the accuracy and reliability of the records.

The Registry holds continuous records from 25th March 1708 to date. The only break being in 1752 when 2nd September was followed by 14th September, eleven days being lost due to the adoption of the Gregorian calendar. As a result of its activities the Registry of Deeds now holds almost 5 million memorials going back to 1708. This archive has come to form an invaluable resource for genealogical research. It is a unique reference

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library for the study of the social and economic history of Ireland. Practically every important transaction relating to land in Ireland during the 18th and 19th centuries is recorded in this Registry. Included in this vast collection of records are many of literary, historical and genealogical interest. Names, matters and facts useful to a biographer or diarist are constantly encountered and many forgotten incidents are recalled as the pages are turned of the numerous documents preserved in the Registry. Its existence since the 18th Century cuts across most interesting periods of Irish History – Grattan’s Parliament, the 1798 Rising, the Union, the Famine, two world wars and in latter times political and social upheaval. Also, the introduction of the railways and its affects on the rural population are reflected in its records. Significantly, each memorial bears the signature of one of the parties to the transaction. As a result the Registry holds the signatures of many famous and influential figures in Irish history like Jonathan Swift, Wolfe Tone, Henry Grattan, Parnell, Wellington and Daniel O’Connell to more modern figures such as G. Bernard Shaw, Winston Churchill, William Butler Yeats, Lady Gregory, William Cosgrave and Eamon de Valera, and there are many more yet to be discovered .

The Registry of Deeds System in Ireland, unlike the English system, was voluntary but in effect compulsory as priority was given to registered instruments in order of their registration and registered deeds have priority over unregistered registerable ones. This was the secret of the success of this registration system in Ireland over the English system which did not attach priority on registration.

Due to the increasing complications of Irish titles and problems such as the variation in the names and exact boundaries of townlands the work of directing proper searches in the Registry of Deeds became technical and difficult and very time consuming and expensive. These searches were necessary for the purchaser to be sure the vendor had the legal right to convey the property in question. The fees charged were enormous and it was stated in the House of Commons in 1853 that they ranged from £37 to £5,000!

The only major amending legislation was the Registration of Deeds Act, 1832 which introduced the Abstract Books. In 1833 a new index system was introduced by the then registrar George Moore. Mr Moore was a wit, a man of fashion and a writer of love songs. The indexing system which he devised functioned until 1990 with the introduction of computerisation. Despite the changes in 1832, the Registry of Deeds system was largely deemed incapable of being made cheap and expeditious. In 1845 under the Real Property Act an attempt was made to reform conveyancing and thereafter a conveyance by "DEED OF GRANT" was possible and this supplanted the deed of lease and release.

There was a growing body of opinion which felt that a Registration of Title system was the best option and that the Registry of Deeds was not capable of being reformed and should be abolished. Due to complicated settlements which tied up land and made it uneconomic and inefficient to manage and also due to the economic slump in Europe after the Napoleonic Wars and the distressed state of Ireland in the first half of the 19th Century most landowners were on the verge of bankruptcy. The Encumbered Estates Court was set up in Ireland in 1849. This Court granted absolute title to purchasers. By 1864 one fifth of the property in Ireland had been disposed of by these Courts and the number of registrations made in the Registry of Deeds were so large that there are three special names Index Books, which deal solely with Memorials filed by the Encumbered Estates Courts between 1850 and 1858. To try to keep these titles simple in the future the Record of Title Act, 1865 was passed, the first Registration of title system in Ireland. However, it was not successful and only about 800 titles were registered.

Land reform in Ireland then came to the fore with the passing of the Land Acts. Tenant farmers who held their land as yearly tenants or on short term leases were outside the Registry of Deeds System. Estate agents books provided them with a rough and ready

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register of title. Under the Land Acts the freehold of property was vested in the tenants. By 1890 21,850 properties were vested in tenant purchasers and this was increasing by 3,000 every year. The vesting of the freehold in the tenants brought them into the Registry of Deeds System with its high charges. It also subjected them to PRIMOGENITURE where the eldest son took the property if the tenant died intestate (i.e. without a will) to the exclusion of all other relatives. The government also wanted to secure the large sums of money that were advanced for the purchase of lands by the tenant purchasers. By 1909, £95 million had been advanced under the Land Purchase Acts. The solution to all these problems was the Local Registration of Title Act, 1891 which set up the Land Registry and made all property vested under the Land Purchase Acts compulsorily registerable. This took them out of the remit of the Registry of Deeds with its high costs. ( Note that we have prestigious examples of this transmission of high profile land from one system to the other). These Acts deemed registered land would devolve as personalty and not realty and thus excluded such principles as primogeniture; and lastly it gave a State guaranteed title which gave security for the moneys advanced by the Government. From then on the legal title to registered land could only pass by registration. The central office of the Land Registry first opened it’s doors for business in the Land Judge’s Office in the Four Courts on the 1st January 1892 under the jurisdiction of the Land Judge.

The computerisation of indexes commenced in 1990. Thus the manual recording of the information necessary to conduct searches was discontinued. Currently all searching from 1970 to date with the exception of the year 1977 is conducted electronically on site through the R.A.M.I.S. SYSTEM.

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APPENDIX C: REFERENCES

The following documents or references were used during this assignment:

1. British Standard BS 5454:2000 Recommendations for the storage and exhibition of archive documents; http://www.bsi-global.com/ICT/KM/bs5454.xalter

2. National Archives report on “Preservation of records held in Registry of Deeds”, by Francis McGee, 9 September 2003

3. Land Registry Decentralisation Implementation Plan, V1.0 25th May 2004 http://www.landregistry.ie/index.asp?locID=129&docID=-1

4. Draft Registry of Deeds disaster recovery document (this is still a work in progress document).

5. Dublin City Council Development Plan 2005 – 2011; http://www.dublincity.ie/business_services/planning/development_plan_2011/

6. Registration of Deeds and Title Bill 2004, http://www.oireachtas.ie/viewdoc.asp?fn=/documents/bills28/bills/2004/4804/docu ment1.htm

7. Irish Architect, Feature article on the Registry of Deeds, by Declan Grehan, p31-32

8. Dublin 1660-1860, a social and architectural history, Maurice Craig, p246, 256-257

9. Registry of Deeds e-Service Delivery Strategy Report by Deloitte & Touche, late 2002

10. National Archives Guidelines 2004/1 “Transfer of paper departmental records to the National Archives”

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APPENDIX D: BUILDING ASSESSMENT REPORT

Department of Justice, Equality and Law Reform Assessment of the Documents Storage and Accommodation facilities of the Registry of Deeds at Henrietta Street, Kings Inns February 2006

Privileged and Confidential

PA Consulting Group Prepared for: Department of Embassy House Justice, Equality and Herbert Park Lane Law Reform Ballsbridge Prepared by: Kevin Gleeson Dublin 4 Tel: +353 1 6684346 Fax: +353 1 6681771 www.paconsulting.com

Version: 1.1

Department of Justice, Equality and Law Reform 18/7/06

TABLE OF CONTENTS

1. Introduction 3 1.1 Assessment Approach 3 1.2 Scope of Inspection 3 1.3 Use of Report 4 1.4 Consultants Conducting Building Assessment 4

4. Conclusion and Key Concerns 20 4.1 Conclusion 20 4.2 Key concerns 20

Department of Justice, Equality and Law Reform 18/7/06 TABLE OF CONTENTS…

A.4 Second Floor Storage Space Characteristics A-4

APPENDIX B: Notes on Environmental Conditions B-1 B.1 Temperature and Relative Humidity B-1 B.2 Light B-2 B.3 Air Quality B-3

Department of Justice, Equality and Law Reform.18/7/06

1. INTRODUCTION

This document describes an assessment of the document storage and accommodation facilities of the Registry of Deeds at Henrietta Street, Kings Inns. The objective of this report is to present the findings of the assessment of the suitability of the current document storage and accommodation arrangements for the archival documents and records currently held in the Registry of Deeds, Henrietta Street.

1.1 ASSESSMENT APPROACH

A brief walk through inspection of the premises was initially carried out in order to get a feel for the general condition of the building. The building was inspected under the various elemental headings and the findings are summarised in this report. It should be noted however that the general building inspection was very cursory in nature and thus the report cannot be regarded as a detailed building survey report. Furthermore it is recognised that this is a fully operational building, and although a number of general comments are made in respect of routine maintenance and best practice, it is recognised that much of this is probably in hand anyway. Although we have made general comments on the condition of the building, the main purpose of the report is to focus on the document storage areas with a view to determining the suitability of these areas for the storage of historically important records and with a view to indicating any potential risks for the storage of documents in these areas.

In addition to our general comments on the building we have provided a more detailed assessment of the various document storage areas and have set out our comments in more detail on these areas in this report.

1.2 SCOPE OF INSPECTION

The inspection took the form of a general survey of the main structure, including roofs, walls and finishes, both internally and externally. Where parts of the structure were unexposed or inaccessible no opinion can be given as to their condition. No opening up works was carried out during our inspection, nor were carpets or floor coverings lifted. No tests were conducted for dry rot or woodworm and so no inferences can be drawn. No tests were carried out on the electrical, plumbing, heating or drainage installations, but we have commented on our general observations. No tests for land contamination or radon gas were carried out under the scope of this survey, however, radon gas tests were conducted in 2005 and the levels of radon gas were found to be within acceptable levels.

The assessment does not include documents held off site in Santry or any other Land Registry of Registry of Deeds location. The assessment does not consider the storage of operational documents and records, deeds submitted to the Registry of Deeds for registration and any new memorials, the operational protection of these documents is commented on in passing in the report.

The documents that are considered within this assessment are:

· Memorials of deeds

· Transcripts of deeds

Department of Justice, Equality and Law Reform 18/7/06

1. Introduction

· Abstracts of deeds

· Names index

· Lands index

While there are other documents used and stored within the building, they are primarily operational documents that can be reconstituted, albeit with various levels of effort, and they are not deemed to have the same historical importance as the documents listed above and they are outside the scope of this assessment.

1.3 USE OF REPORT

This report is for the sole use of the Department of Justice, Equality and Law Reform, the Land Registry and the Registry of Deeds. No responsibility is accepted to any third party or in the event that this report is used for any other purpose.

1.4 CONSULTANTS CONDUCTING BUILDING ASSESSMENT

The assessment of the building was conducted by Val O’Brien & Associates, Chartered Building Surveyors, 23 Merrion Square, Dublin 2. The assessment of the rooms used for document storage was conducted by PA Consulting Group. PA Consulting and Val O’Brien worked together in the preparation of this building and document storage assessment report.

Department of Justice, Equality and Law Reform 18/7/06

2. GENERAL BUILDING ASSESSMENT

2.1 ROOFS

The roofs are of pitched and hipped construction comprising natural stone slates on sarking felt on traditional timber construction. There are a series of valley and parapet style gutters and these are lined with copper and lead. The roofs appear to have been recovered in recent years and the work appears to have been carried out to a high standard however there are a number of issues of potential concern. · There are a number of instances of damp staining to the ceiling at second floor level however it is difficult to say if these damp problems are as a result of old leaks or new leaks and this needs to be checked/clarified.

· Some of the roof slopes have a relatively low pitch and this is less than the minimum recommended pitch of 22.5 degrees for slate covered roofs and these will be more prone to water penetration in times of wind driven rain or snow conditions.

· Many of the old original lead cover flashings are cracking due to thermal expansion and the cracks could give rise to some water penetration. These should be checked and repaired as appropriate.

· The timber needs to be checked further in the vicinity of the damp patches. Details should also be checked on any timber treatment works carried out to the roof timbers to date.

· No access gained to roof voids and there was limited view, however they do not appear to be insulated. Review need for improved insulation standards.

· Minor defects evident to pointing to chimney stacks.

· Gutter boards largely decayed and potentially hazardous for walking on (for maintenance personnel).

· Shortcomings to roof access including low head height at door, no landing.

· Extensive pigeon droppings to clock tower, but this all appears to be old.

2.2 WALLS

The external walls and main internal walls are of load bearing brick/masonry construction. · Generally speaking the walls were noted to be sound and plumb and in good structural condition.

· Walls noted to be generally dry considering their age however there is evidence of rising damp at basement level and there is evidence of some water penetration through the external walls in isolated areas.

Department of Justice, Equality and Law Reform 18/7/06

2. General Building Assessment

· No provision for insulation to the external walls and thus they will have a poor thermal insulation standard however this is typical for all period style properties of this nature.

· Combination of exposed natural masonry and brickwork to external wall finishes in reasonably good condition but some minor gaps to pointing and minor defects evident to wall surface.

2.3 WINDOWS

Windows comprise a combination of single glazed metal and single glazed timber, mainly of the sliding sash type. There is provision for security frames to the lower accessible windows and for shutters to the internal face of many of the windows. · Windows noted to be in generally good condition with the exception of some minor defects.

· Window sills have reasonable overhangs and throatings and noted to be in good condition.

2.4 EXTERNAL DOORS

Mainly timber panel type doors generally in good condition. Provision for draft lobby at main entrance door. · Some doors slightly poorly fitting and minor repairs required.

2.5 CEILINGS

Various ceiling types throughout including mainly the plaster type, some suspended type and brick vaulted type. Provision for decorative cornices to the principal rooms. · Ceilings generally in good condition.

· Numerous damp patches evident to the ceilings at second floor level.

· A few further isolated damp patches to the ceilings elsewhere due to plumbing leaks.

· Minor cracks evident to ceilings and cornices throughout.

· Loose mortar to brick joints to some of the vaulted ceilings.

· Extensive loose/flaking paint to ceilings in areas.

2.6 INTERNAL PATRITIONS AND WALL FINISHES

Some of the internal walls are of lightweight timber construction with lightweight plasterboard linings. Otherwise mainly solid plaster finishes to the load bearing walls, some natural exposed brick/masonry finishes in areas. · Extensive water damaged plaster to walls due to rising damp and damp penetration through walls, albeit in localised area.

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2. General Building Assessment

· Extensive cracked and hollow plaster evident to the walls throughout.

· Considerable flaking/peeling of paint to walls in certain areas.

2.7 FLOORS

Mainly solid concrete/masonry floor at basement level, combination of suspended timber and suspended concrete floors at upper ground floor levels. Combination of paved, tiled, vinyl and carpet coverings throughout. · Floors noted to be in good structural condition.

· Minor levels of dampness noted to floor at basement level.

· There is poor ventilation to timber floors in residential area and risk of decay here. Any timber floor at or below ground level requires ventilation as there is a risk of dampness within the void underneath the timbers which in turn will give rise to a fairly high risk of decay. The floor within the residential area at basement floor level is a timber floor and a strong damp smell was detected. We would recommend that provision be made for additional ventilation be made to the floor void.

· Numerous cracked paving slabs to floors in certain areas.

2.8 STAIRCASES AND STEPS

Main staircase, escape staircase and feature/secret staircase between first and second floors and various steps throughout, all mainly of masonry construction with metal and timber balustrade/handrails. · Generally good condition.

2.9 INTERNAL DOORS AND JOINERY

Mainly timber panel doors, some heavy, metal doors to large document rooms (main vault on the ground floor and the genealogical vault on the second floor). Timber joinery including skirting boards, architraves, window boards/surrounds and picture rails. · All generally good condition.

· Some doors slightly poorly fitting.

· Decay evident to skirting boards in isolated areas at basement floor level.

2.10 FIXTURES AND FITTINGS

Kitchen fixtures to small kitchen off canteen, various sanitary fixtures throughout, some built-in fireplaces and built-in shelving/cupboards. · Kitchen/sanitary fixtures generally satisfactory but some minor repairs/improvements required.

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2. General Building Assessment

· Shelving units not actually inspected in great detail, but generally appear satisfactory.

2.11 SERVICES

No tests were carried out on the services installations under the scope of the survey, however, the following observations were made.

2.11.1 Electrical Installation

Electrical lighting and general power sockets throughout. · Generally speaking the lighting was noted to be working. Many of the lights are not fitted with diffusers and may not be suitable for VDU users.

· The number and distribution of sockets appears to be reasonable. A number of these randomly selected were noted to be working.

2.11.2 Plumbing and Hot Water Installation

Hot and cold water supplies to all sanitary fixtures and kitchen. · Water supply noted to be working and of a reasonable pressure.

· Main cold water storage tanks are located within a plant-room to the rear at roof level however the access ladder was broken at the time of our inspection and thus we were not able to gain access here. A works request has been raised with the OPW to resolve this. The tanks should be further checked to see if any remedial/improvement works are required. This is particularly important as the plant-room is located over one of the deed vaults to the rear right hand wing.

2.12 HEATING AND VENTILATION INSTALLATION

Central heating installation throughout with some localised ventilation units throughout. · The main plant-room was inspected and the system is noted to be working. It is important to ensure that these systems are kept serviced on a regular basis in order to ensure that they are operating at maximum efficiency.

· We did detect a few isolated plumbing leaks throughout and these should be traced and repaired as appropriate.

· All the pipe-work is a gun barrel type pipe-work. We note that this was in the process of being replaced to the deed vault off the reading room at second floor level and it would be appropriate to check the pipe-work elsewhere in the building as this is all most likely of the same age.

2.13 LIFT

Passenger lift serving all floors.

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2. General Building Assessment

· Lift noted to be working and appears to be in good condition. There is a maintenance contract in place for the lift. Again it is important that this is serviced on a regular basis.

2.14 TELEPHONE/DATA INSTALLATION

Provision for telephone and data services throughout. · Not actually inspected under the scope of the survey but these services were noted to be working.

2.15 SECURITY ALARM

There is provision for a security alarm to the building. The main control panel is located in the delivery room/office off the entrance hall and there is provision for motion detectors throughout. There is also provision for security frames/bars to the accessible windows. · The alarm was not tested however the system appears to be very comprehensive.

2.16 PEST CONTROL

We noted the provision of rodent bait throughout the premises. There is no evidence of any rodent activity. · The pest control measures are a proactive measure. It is recommended that this be continuously monitored in order to ensure that the situation is kept under control.

2.17 RAINWATER DISPOSAL AND DRAINAGE

There is a series of valley and parapet style gutters at roof level, mainly cast iron down-pipes and foul waste pipes, underground drainage installation. · Gutters noted to be in good condition at roof level but it is important that these are checked and cleaned regularly.

· Down-pipes also appear to be in reasonable condition however backs of down-pipes should be checked closely for signs of corrosion/cracking when next redecorating.

· No tests were carried out on the underground drainage installation however some of the small manhole covers are missing and we did note a minor blockage to the drains here. The drains should be further checked and repaired as appropriate.

2.18 EXTERNAL ELEMENTS

The building is situated within it’s own external grounds however this appears to be shared with the adjoining building in Kings Inns. The grounds comprise a driveway

Department of Justice, Equality and Law Reform 18/7/06

2. General Building Assessment

and forecourt, car parking area, landscaped areas and boundary walls and railings together with a sectioned off courtyard with some outhouses. · The grounds were noted to be reasonably well kept and in good condition.

· The outhouses are in poor condition and in need of some repairs.

2.19 PLANNING PERMISSION AND BUILDING REGULATIONS

No planning searches were carried out under the scope of the survey however the following comments are made. · The building is a protected structure and thus any significant works will require permission either by way of a full planning permission or a declaration.

· There are various shortcomings in the building when compared with modern building regulations however this is typical in period style properties of this nature and we can advise that it would not be practical or necessary (or even permissible because of the protected status of the building) to achieve full compliance at this stage.

2.20 FIRE PRECAUTION WORK

There are various escape routes from the building. The building is divided up into a number of self-contained compartments. There is provision for a fire alarm, emergency/exit lighting together with fire extinguishers and a fire hydrant. There is no provision for an automatic fire sprinkler system. · The compartmentation appears to be generally good however there are some gaps/holes in walls and floors mainly adjacent to where services penetrate and these should be suitably fire stopped. The gaps / holes are evident in numerous areas adjacent to where services (including dry risers, heating pipes and electrical trunkings) pass through the building mainly from one floor to another and in a few isolated areas where services pass through walls between one compartment and another. The survey was not of sufficient detail to specify all the areas where this occurs but suffice to say that it is evident in numerous areas and all the gaps should be checked and sealed with fire insulation. It is however mainly apparent where the services pass vertically through the building.

· The fire alarm and emergency lighting installations appear to be comprehensive. However it is important that these are checked and serviced regularly. There are contracts in place to service and maintain the fire alarm system.

· The fire extinguishers were all noted to have been tested recently as required, these are checked daily. Again it is important that these are checked regularly to ensure that they are kept in good condition.

· There is also provision for fire procedure notices as required.

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3. Assessment of Document Storage Rooms

3. ASSESSMENT OF DOCUMENT STORAGE ROOMS

There are 19 rooms used for document storage across the four floors of the Registry of Deeds in Henrietta Street. The suitability of these rooms to store documents and records was assessed against British Standard 5454:2000 “Recommendations for the storage and exhibition of archival documents”.

3.1 CRITERIA USED TO ASSESS EACH ROOM

There are 23 criteria that have been used to assess the rooms used to store documents and records. These criteria address the key sections of BS 5454:2000, the criteria and a brief explanation are listed in table 3.1 below.

Table 3.1 – Definition of assessment terms Self contained The archival storage area should preferably be in a purpose-built detached building or, if they form part of a larger building, in a self-contained unit separated from the remainder of the building by a fire-resisting construction.

Thermal inertia Does the room suffer from large swings in temperature on hot or cold days.

Air infiltration A repository in an older building should aim to have an air rates infiltration rate not greater than three to four air changes per day.

Material of Walls, floors and ceilings inside the repository should be made of surfaces a material such as brick or from combinations of materials that have a high thermal and hygroscope capacity, with insulation materials appropriate to the system of construction selected. Internal finishes should not impede the function of the thermal and hygroscopic capacity of the building to stabilize conditions.

Protection The elements of structure of the repository should be designed to against fire provide 4 hours of fire resistance against a fire occurring either inside the repository, in any adjacent compartment of the building or nearby.

Protection The building should be designed and the materials for its against water construction chosen so the risk of damage to the documents from water, whether in the repository or any other part of the building, is eliminated. Intermediate floors in multi-storey repositories should be waterproofed.

Protection Floors and floor coverings should be hard-wearing, neither cause against dust and dust nor be easily chipped and should be easy to clean, non- pollutants slippery, light-coloured and of a material that deadens sound.

Protection The points at which any wiring, trunking, etc. enters and leaves against pests the repository should be sealed against vermin and insects, as well as against air infiltration and dust. Ventilation or air- conditioning supply and extract ducts and, if the repository is so designed, any openable windows should be fitted with appropriate

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filters or screens to prevent the entry of pests into the repository. Doors should be installed to fit tightly in their frames.

Security Because documents stored in library and archive repositories are irreplaceable and their authenticity can often be established only by proof of unbroken custody, they should be rigorously protected against theft, vandalism, unauthorised alteration and casual damage or disturbance caused by inexpert or careless handling. In order to maintain unbroken custody of archival material, unauthorised and unsupervised access to any room in which it is stored should be forbidden. A repository should be used only for the storage of documents and its equipment should be limited to that essential for storage.

Fire precautions Repositories do not usually present a high hazard of fire and the risk to life is usually low. However, because their contents are irreplaceable and because of the high fire-loading, fire precautions should be more stringent than those for other buildings having a similar level of hazard. General fire precautions should be designed to protect the content and structure of the repository both from the fire itself and from damage caused by fire-fighting operations, as well as to ensure the safety of staff.

Fire detectors Automatic fire-detection, alarm and automatic fire suppression and alarms systems should normally be consolidated into one continuous system that detects a fire, sounds an alarm, allows a set time for people to check whether the alarm is genuine and to leave the repository, and then sets off an automatic suppression system. Water-based sprinkler systems should, however, operate independently.

Fire suppression For maximum protection, the repository should have an automatic fire-suppression system that conforms to the appropriate part of BS 5306 and is designed to cause minimum damage to the stored documents if activated. Gas or water-based systems are acceptable.

Environmental Environmental control should be achieved primarily by good control building design, supported, if necessary, by effective engineering services. Environmental control within the repository should be achieved by provision of a building, or compartment within a building, that gives high thermal inertia and a high level of hygroscopic buffering. It should also be capable of providing an appropriate level of ventilation and air movement within the confines of the space. The environment can be more easily controlled if the repository is divided into compartments. Where this alone is insufficient to maintain an environment within the parameters recommended in 7.3, the strategy may be complemented as necessary by the appropriate provision of environmental control equipment. According to circumstances, this can range from independent units for small spaces to full air- conditioning. Control equipment should, however, never replace robust building construction.

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3. Assessment of Document Storage Rooms

Temperature The temperature for the storage of frequently-handled paper and parchment should be as constant as possible. In order to avoid the need for acclimatization when documents move from storage to a reading room and back, the temperature should be at a fixed point between 16°C and 19 °C with a tolerance of 1 °C on either side, but ranging neither below the minimum nor above the maximum.

Relative Relative humidity should be at a fixed point between 45 % and humidity 60% with a tolerance of 5% on either side, but ranging neither below the minimum nor above the maximum. Rapid changes should be avoided. Little-used paper not in bound volumes may be stored at a relative humidity of 40 %, but should then be acclimatised before use.

Ventilation The air within the repository should not be stagnant. There should be sufficient air movement to avoid pockets of stagnant air.

Shelving It is important that shelves be adequately ventilated to allow the free movement of air. Where practical, the sides, tops and backs of both fixed and mobile shelving should be open to allow the free circulation of air. There should be a distance of at least 150mm between the floor and the lowest shelf as well as between the ceiling and the average line of upper edges of objects stored on the top shelf. There should also be a distance of at least 50 mm between the top of the highest document on each shelf and the bottom of the shelf above.

Air conditioning Where the thermal properties of the building and its natural ventilation are insufficient to maintain the stable environment recommended in this standard, central station air-conditioning units with humidification and dehumidification facilities incorporated may be installed to provide and maintain temperature and relative humidity within the recommended range. An alarm system should be installed to alert staff to any mechanical malfunction in the air-conditioning plant. Monitoring devices for temperature and relative humidity should be provided and used within the repository, whatever the method of environmental control.

Inspection and Monitoring devices for temperature and relative humidity should monitoring be provided and used within the repository, whatever the method of environmental control. Recording thermohygrographs, data- loggers or sensors linked directly to a computerised building management system may be used, but it is also advisable to have some independent monitoring devices. Sensors should be sited to provide readings that represent the typical conditions in the storage areas, but account should also be taken of any extreme or abnormal conditions which may be present, for example near outside walls or close to a source of heating or ventilation. For comparative purposes, the outdoor temperature and relative

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humidity should also be monitored.

Light Exposure to light damages documents. The damage is cumulative, depending upon both the intensity of the light and the duration of the exposure. The intensity, duration and spectral distribution of any illumination in a repository should therefore be controlled to minimize damage.

Storage Shelving should be planned to meet the needs of the particular equipment repository. It should provide safe and effective storage for documents, whatever their size and shape, combined with ease of withdrawal and replacement. Documents should not protrude beyond the outer edge of the shelves. In positioning the shelving, care should be taken to allow for human or mechanical access to all parts of the floor and to shelving for cleaning purposes, as the accumulation of dust etc. may prove harmful to the documents or to those who work in the repository.

Packaging for All documents should be protected by packaging which is storage appropriate to their physical condition and to the amount of use they are likely to receive.

3.2 ROOMS ASSESSED

19 rooms were assessed under this review. These are rooms where there is currently documents or records stored either on a permanent or temporary basis. Rooms that are used for administration purposes, corridors and lobbies were not assessed against the standard. Floor layout diagrams are provided in appendix A, illustrating those rooms which are used for the storage of documents and records.

Table 3.2 – rooms containing documents and records Basement Vault 1 Vault 2 Vault 3 Vault 4 Vault 5 Vault 6 Vault 7 Ground Floor Middle Vault Main Vault First Floor Library Official room Public room Enquiry office/deed vault Second Floor Top vault Mezzanine Computer print microfilm room Genealogical room vault Transcribing/Reading room Genealogical room

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3. Assessment of Document Storage Rooms

3.3 ASSESSMENT METHODOLOGY

A score between 0 and 5 was applied to each criteria for each room assessed, where 0 indicates that the room fails to meet or exhibit any of the criteria dimensions and 5 indicates complete compliance with the criteria.

Out of a total of 22 criteria, the maximum score is 22 by 5 or 110 points, representing 100%. A summary of the scoring is illustrated in table 3.4 which follows.

3.3.1 Temperature and Relative Humidity Readings

(Please refer to the appendix for an explanatory note on the implications of temperature and relative humidity on the protection and storage of archival records).

Using a digital thermohygrometer, the temperature and relative humidity of each room where documents are stored was measured. According to the British Standard BS 5454:2000 the recommended temperature range is between 16°C and 19°C; and the recommended relative humidity range is between 45% and 60%. The temperature recorded in the rooms used for documents ranged from 14.2°C to 24.1°C. The recorded relative humidity ranged from 32% to 74%. Of the 19 rooms which contain documents or records, only one room falls within the accepted thresholds for both temperature and relative humidity, 11 rooms fail to meet any of the threshold criteria and 8 rooms meet one criteria but not the other (i.e. temperature or relative humidity, but not both).

Table 3.3 – Temperature and Relative Humidity Readings Temperature (°C) Relative humidity (%) Desired Range (BS5454:2000) 16°C -19°C 45%-60% Basement Vault 1 19 74% Vault 2 19.5 48% Vault 3 19.5 50% Vault 4 19.7 43% Vault 5 19 44% Vault 6 18.9 43% Vault 7 18.8 42% Ground Floor Middle Vault 24.1 35% Main Vault 18.2 39% First Floor Library 22.2 32% Official room 22.2 33% Public room 22 33% Enquiry office/deed vault 20.5 35% Second Floor Top vault 22.3 35% Mezzanine 22.5 39% Computer print microfilm room 20.8 34% Genealogical room vault 14.2 44% Transcribing/Reading room 18 46% Genealogical room 20.2 43% Maximum 24.1 74% Minimum 14.2 32%

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3.4 BASEMENT ASSESSMENT

The basement is used to store memorials and is well configured to accommodate the storage of these archival documents. There is approximately 420 sq m of usable space in the basement, of which 190 sq m is used for storing memorials.

· Air infiltration rates are poor with little or no ventilation;

· The material of surfaces is generally good but flaking of paint indicates the need for some maintenance in spots;

· There is evidence of rising damp in a number of rooms in the basement which is a potential threat to the documents. This is not however uncommon in buildings of this nature and it would in fact prove extremely difficult to fully treat rising damp in this type of building. We picked up traces of rising damp in various locations at basement level but this was particularly evident in the long tunnel type vault;

· The documents are not protected from dust through the use of boxed storage containers;

· Apart from the manual use of fire extinguishers, there is no automatic fire suppression or sprinkler system installed. Given that this is a listed building is highly unlikely that an adequate sprinkler system could be installed in the building;

· There are smoke alarms in all rooms which are integrated with the fire alarm system.

· There are pockets of stagnant air in the basement, primarily in the vault under the clock tower. There is evidence of mould growing on papers and stationary stored in this area. It should be noted that this stationary and paper are not used for any operational purposes and are stored in this location prior to disposal.

· While there is air conditioning installed in the basement vaults, the units appear to be run continuously with little or no controls around a desired temperature and relative humidity. In the vault under the clock tower there are two air conditioning units, one blowing cool air, the other blowing warm air;

· There is no evidence of a monitoring system which records temperature and relative humidity. Health and safety checks are carried out routinely but not necessarily with a focus on the welfare of the documents being stored;

· The packaging of the stored documents is not appropriate for these valuable national archived documents. The current packaging comprises of bundles of 300 memorials sandwiched between heavy cardboard and held shut with a cotton strap. This appears to be compressing the documents, it encourages creases in the documents and it exposes the edges of the documents to the elements.

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3. Assessment of Document Storage Rooms

3.5 GROUND FLOOR ASSESSMENT

There are two rooms used for the storage of memorials on the ground floor, the main and middle vaults. These two rooms are well configured to accommodate the storage of these archival documents. There is approximately 320 sq m of usable space in the basement, of which 200 sq m is used for storing memorials.

· Air infiltration rates are poor;

· The material of surfaces is generally good;

· The documents are not protected from dust through the use of boxed storage containers;

· There is good fire warnings and fire equipment but there is no automatic fire suppression or sprinkler system installed. Given that this is a listed building is highly unlikely that an adequate sprinkler system could be installed in the building;

· Due to the poor air infiltration rates there is a smell of stagnant air in the main and middle vaults;

· There are no air conditioning units installed in the ground floor vaults resulting in poor air infiltration, ventilation and air circulation;

· There is no evidence of a monitoring system which records temperature and relative humidity in the ground floor vaults. Health and safety checks are carried out routinely but not necessarily with a focus on the welfare of the documents being stored;

· The packaging of the memorial documents is not appropriate for these valuable national archived documents, which date from 1708 in the main vault. The current packaging is the same as the packaging of memorials in the basement.

3.6 FIRST FLOOR ASSESSMENT

The first floor is used to facilitate searches and to store names indexes, land indexes and abstracts. The floor is well configured to accommodate the storage of these archival documents. There is approximately 477 sq m of usable space on the first floor, of which 255 sq m is used for storing documents and records. Two principle rooms used to store the names indexes and abstract books are also used by the public to conduct searches in the public and official rooms. These rooms contain large counters which are apparently a listed feature.

· The material of surfaces is generally good;

· The documents and books are showing signs of wear and tear from constant use with many spines of books are frayed;

· Apart from the manual use of fire extinguishers and smoke alarms, there is no automatic fire suppression or sprinkler system installed in the first floor;

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· There is no air conditioning installed in the first floor but there is better air infiltration due to the public traffic and open doors which facilitates air circulation;

· There is no evidence of a monitoring system which records temperature and relative humidity. The rooms on the first floor are used continuously for daily activities, health and safety checks are carried out routinely but not necessarily with a focus on the welfare of the documents being stored.

3.7 SECOND FLOOR ASSESSMENT

The second floor is used to facilitate academic research and genealogical research as well as the storage of microfilm tapes, lands indexes, tombstones, transcripts and memorials. The floor is well configured to accommodate the storage of these archival documents and appears to have been recently renovated and maintained. There is approximately 583 sq m of usable space on the first floor, of which 461 sq m is used for storing documents and records.

· The material of surfaces is in excellent condition;

· There is evidence of water damage in places where water appears to have penetrated from the roof, noticeably in the genealogical reading room. The water damage was evident in a number of areas including the reading room and genealogical room together with the computer room and micro fiche room. We do however further note that the roof has been recovered in recent times and it is very likely that these are older leaks associated with the earlier roof covering;

· The documents and books are showing signs of wear and tear from constant use with many spines of books are frayed;

· Apart from the manual use of fire extinguishers and smoke alarms, there is no automatic fire suppression or sprinkler system installed in the first floor;

· There is no air conditioning installed in the first floor but there is better air infiltration due to open windows and open doors which facilitates air circulation;

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3. Assessment of Document Storage Rooms

Table 3.4 Assessment of Rooms used for Document Storage

Criteria BS5454:2000 Assessment Criteria Basement Ground First Floor Second Floor No. Section Floor room Vault 1 Vault 2 Vault 3 Vault 4 Vault 5 Vault 6 Vault 7 Library Enquiry Top vault ding room Main Vault Mezzanine room vault Public room Middle Vault Official room Genealogical Genealogical Computer print microfilm room office/deed vault Transcribing/Rea 1 5.1.2 Self contained 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 2 5.2.1 Thermal inertia 5 5 5 5 5 5 5 5 5 5 4 4 5 5 5 5 5 4 4 3 5.2.2 Air infiltration rates 1 3 3 3 3 3 3 2 2 2 4 4 3 2 4 3 4 4 4 4 5.2.3 Material of surfaces 4 4 4 4 4 4 4 4 4 4 5 5 4 4 5 4 5 5 5 5 5.3 Protection against fire 5 5 5 5 5 5 5 5 5 5 4 4 5 5 5 5 5 5 5 6 5.4 Protection against water 2 3 3 3 3 3 3 4 3 4 4 4 4 4 4 4 3 3 3 7 5.5 Protection against dust and pollutants 3 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 8 5.6 Protection against pests 4 4 4 4 4 4 4 3 4 3 4 4 4 3 4 4 4 4 4 9 5.7 Security 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 3 5 5 5 10 6 Fire precautions 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 11 6.6 Fire detectors and alarms 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 12 6.7 Fire suppression 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 13 7.2 Environmental control 2 2 2 2 2 2 2 2 2 2 3 3 3 2 3 3 3 3 3 14 7.3 Temperature (°C) 19 19.5 19.5 19.7 19 18.9 18.8 24.1 18.2 22.2 22.2 22 20.5 22.3 22.5 20.8 14.2 18 20.2 15 7.3.3 Relative humidity (%) 74% 48% 50% 43% 44% 43% 42% 35% 39% 32% 33% 33% 35% 35% 39% 34% 44% 46% 43% 16 7.4 Ventilation 3 3 3 3 3 3 3 2 2 2 3 3 3 3 4 3 3 3 3 17 7.4.2 Shelving 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 5 5 5 5 18 7.5 Air conditioning 2 2 3 3 3 3 3 0 0 0 0 0 0 0 0 0 0 0 0 19 7.6 Environmental monitoring 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 20 8 Light 4 4 4 4 4 4 4 3 4 3 4 4 4 3 3 4 3 3 3 21 9 Storage equipment 2 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 5 5 5 22 10 Packaging for storage 3 3 3 3 3 3 3 3 3 3 4 4 4 3 4 4 4 5 5 Score 67 73 74 74 74 74 74 68 69 68 74 74 74 69 76 73 76 76 76 Percentage Score (Max = 5x22=110) 61% 66% 67% 67% 67% 67% 67% 62% 63% 62% 67% 67% 67% 63% 69% 66% 69% 69% 69%

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4. CONCLUSION AND KEY CONCERNS

This chapter presents the key findings and concerns from the assessment of the document storage and accommodation arrangements.

4.1 CONCLUSION

The building and the rooms that are used to store documents and records have been assessed against the British Standard 5454:2000. This assessment has found that there are serious deficiencies in the current storage and document accommodation within the Registry of Deeds in Henrietta Street. As things stand, the arrangements within the building are unsuitable for the long term protection and preservation of these important archival documents.

This conclusion is reached based on the assessment of each room used to store documents and records against BS5454:2000. While the current use of the documents is for purely operational purposes to support the Registry of Deeds functions and legal obligations, the current practices and use of the documents is adding to the deterioration and physical integrity of the documents.

4.2 KEY CONCERNS

4.2.1 Fire

Fire is the single biggest concern for any archival repository. While there have been excellent efforts made to provide fire extinguishers and fire notices throughout the building, there is still a risk to the documents in the event that a fire should break out. As this is a listed building it does not appear to be feasible to install an automatic sprinkler system which would provide a greater level of protection and fire suppression capabilities.

4.2.2 Appropriateness of the Building to Store Documents

Having assessed the rooms used to store these important historical documents against the British Standard 5454:2000 the opinion is that the building and its current document storage arrangements are not appropriate for the long term preservation, protection and conservation of the Registry of Deeds documents. We have been very fortunate to date that there as not been any fire, big or small, on the premises which would certainly threaten this unique collection of records.

4.2.3 Security

The building security on site is excellent. All visitors must sign in at reception before entering the building. Swipe cards are required to gain access to restricted areas within the building. All accessible windows are protected by steel bars and there is a comprehensive security alarm system installed which monitors the building comprehensively. However, the security of the documents is at risk as there is no supervision of the use of documents. This exposes the books and records to potential abuse and damage. There is no evidence that abuse has taken place but the threat of abuse and conditions for abuse exist.

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4. Conclusion and Key Concerns

4.2.4 Use of Documents

The documents are showing significant signs of wear and tear from constant use. Since many of the names index books, Lands Index books and abstract books are used daily to facilitate searches these books are most at risk from over use and deterioration. The information in the Lands Index books would be virtually impossible to reconstruct.

4.2.5 Lack of a Designated Archivist

Which the National Archives are constantly consulted with regard to the use and upkeep of the records held in the Registry of Deeds, there is no archivist assigned the responsibility of the protection, preservation and conservation of the documents and records.

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APPENDIX A: HENRIETTA STREET, KINGS INNS FLOOR LAYOUTS

A.1 BASEMENT STORAGE SPACE CHARACTERISTICS Room No. Room Name Area sq m Used for Archives Record Type 001 Canteen 69.99 N 003 Kitchen 6.83 N 004 Rest room 7.32 N 007 Boiler house 15.85 N 017 Vault 4 24.59 Y Memorial 018 Vault 3 24.59 Y Memorial 019 Vault 2 19.75 Y Memorial 020 Vault 5 21.97 Y Memorial 021 Vault 6 21.01 Y Memorial 022 Vault 7 16.83 Y Memorial 023 Photocopying room 14.14 N 027 ESB room/Cleaners 8.94 N 028 Vault 8 17.08 N 033 Vault 1 29.87 Y Memorial 034 Vault 1 7.80 Y Memorial 035 Vault 1 54.05 Y Memorial 045 Sitting room 16.22 N 047 Bedroom 11.58 N 049 Kitchen 12.80 N 051 Master bedroom 20.08 N 421.29 190.59 45.2%

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A: Henrietta Street, Kings Inns Floor Layouts

A.2 GROUND FLOOR STORAGE SPACE CHARACTERISTICS

Room No. Name Area sq m Documents Record Type 054 Middle vault 92.18 Y Memorial 061 Main vault 54.18 Y Memorial 063 Main vault 55.92 Y Memorial 069 Stationary room 17.07 N 075 Registrars room 18.70 N 084 Mail room/meeting room 28.61 N 085 Cash/comparison room 54.16 N 320.81 202.28 63%

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A: Henrietta Street, Kings Inns Floor Layouts

A.3 FIRST FLOOR STORAGE SPACE CHARACTERISTICS

Room No. Name Area sq m Documents Record Type 088 Library 93.88 Y Abstracts 089 Library 0.00 Y Abstracts Public room 107.30 Y Abstracts and names index Print room 23.04 Registration/Tea room 18.78 New memorials and operational day 112 Enquiry office/deed vault 53.65 Y book 116 Specification room 7.32 117 Public screen room 66.94 122 Waiting room 30.40 123 Registration room 75.29 477.08 255.32 53.5%

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A: Henrietta Street, Kings Inns Floor Layouts

A.4 SECOND FLOOR STORAGE SPACE CHARACTERISTICS

Room No. Name Area sq m Documents Record Type

093 Top vault 92.62 Y Memorial 128 Office/Daybook 121.93 N 131 Mezzanine 53.04 Y Lands index and Transcripts 137 Computer room 23.90 N 142 Computer print microfilm room 18.35 Y Microfilm 147 Genealogical room vault 54.46 Y Transcripts 152 Transcribing/Reading room 91.73 Y Transcripts 157 Genealogical room 52.31 Y Transcripts 158 Genealogical room 75.43 Y Transcripts 583.77 461.84 79%

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APPENDIX B: NOTES ON ENVIRONMENTAL CONDITIONS

TEMPERATURE, RELATIVE HUMIDITY, LIGHT, AND AIR QUALITY: BASIC GUIDELINES FOR PRESERVATION by Sherelyn Ogden, Head of Conservation, Minnesota Historical Society

B.1 TEMPERATURE AND RELATIVE HUMIDITY

Control of temperature and relative humidity* is critical in the preservation of library and archival collections because unacceptable levels of these contribute significantly to the breakdown of materials. Heat accelerates deterioration: the rate of most chemical reactions, including deterioration, is approximately doubled with each increase in temperature of 18°F (10°C). High relative humidity provides the moisture necessary to promote harmful chemical reactions in materials and, in combination with high temperature, encourages mold growth and insect activity. Extremely low relative humidity, which can occur in winter in centrally heated buildings, may lead to desiccation and embrittlement of some materials.

Fluctuations in temperature and relative humidity are also damaging. Library and archival materials are hygroscopic, readily absorbing and releasing moisture. They respond to diurnal and seasonal changes in temperature and relative humidity by expanding and contracting. Dimensional changes accelerate deterioration and lead to such visible damage as cockling paper, flaking ink, warped covers on books, and cracked emulsion on photographs. In some situations, however, materials may be protected from moderate fluctuations. Mild changes appear to be buffered by certain types of storage enclosures and by books being packed closely together.

Installation of adequate climate controls and operation of them to maintain preservation standards will retard the deterioration of materials considerably. Climate control equipment ranges in complexity from a simple room air conditioner, humidifier, and/or dehumidifier to a central, building-wide system that filters, cools, heats, humidifies, and dehumidifies the air. It is always advisable to seek the guidance of an experienced climate control engineer prior to selection and installation of equipment. Additional measures can be taken to control temperature and relative humidity. Buildings should be kept well maintained. Cracks should be sealed as soon as they occur. External doors and windows should have weatherstripping and should be kept closed to prevent exchange of unconditioned outside air. In areas of this country that experience cold winter weather, windows can be sealed on the inside with plastic sheets and tape. In storage areas windows can be sealed using both wallboard and plastic.

Authorities disagree on the ideal temperature and relative humidity for library and archival materials. A frequent recommendation is a stable temperature no higher than 70°F and a stable relative humidity between a minimum of 30% and a maximum of 50%. Research indicates that relative humidities at the lower end of this range are preferable since deterioration then progresses at a slower rate. In general, the lower the temperature the better. The temperature recommendations for areas used exclusively for storage are much lower than those for combination user and storage areas. Cold storage with controlled humidity is sometimes advisable for remote storage or little-used materials. When materials are taken out of cold storage, however, the radical, rapid temperature

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B: Notes on Environmental Conditions

changes they experience may cause condensation on them. In such cases, gradual acclimatization may be required.

Maintaining stable conditions is crucial. An institution should choose a temperature and relative humidity within the recommended ranges that can be maintained twenty-four hours a day, 365 days a year. The climate-control system should never be turned off, and settings should not be lowered at night, on weekends, or at other times when the library or archives is closed. Additional costs incurred by keeping the system in constant operation will be far less than the cost of future conservation treatment to repair damage caused by poor climate.

While these recommendations may be expensive or even impossible to achieve in many libraries and archives, experience and scientific testing indicate that the useful life of materials is significantly extended by maintenance of moderate, stable levels of temperature and relative humidity. Where economics or inadequate mechanical systems make it impossible to maintain ideal conditions year round, less stringent standards may be chosen for summer and winter with gradual changes in temperature and relative humidity permitted between the two seasons. The seasonal standards should be as close to the ideal as possible. It is important to note that temperature and relative humidity requirements of non-paper-based materials in the collections may differ from those of paper-based materials. Also, maintaining the ideal level of temperature and relative humidity may damage the fabric of the building that houses the collections. Difficult choices and compromises may be unavoidable.

Temperature and relative humidity should be systematically measured and recorded. This is important since the data produced 1) documents existing environmental conditions; 2) supports requests to install environmental controls; and 3) indicates whether available climate-control equipment is operating properly and producing the desired conditions. Remember that changing one factor may alter others. If measures are taken without considering the environment as a whole, conditions may worsen rather than improve. It is essential to know (from recorded measurements) what conditions actually are and to seek the advice of an experienced climate-control engineer before making major changes.

The importance of continued monitoring after the institution of a change cannot be stressed too much.

B.2 LIGHT

Light accelerates deterioration of library and archival materials. It leads to weakening and embrittlement of cellulose fibers and can cause paper to bleach, yellow, or darken. It also causes media and dyes to fade or change color, altering the legibility and/or appearance of documents, photographs, art works, and bindings. Any exposure to light, even for a brief time, is damaging, and the damage is cumulative and irreversible.

Visible light levels are measured in lux (lumens per square meter) or footcandles. One footcandle equals about 11 lux. For many years generally accepted recommendations limited visible light levels for light-sensitive materials, including paper, to 55 lux (5 footcandles), and for less sensitive materials to a maximum of 165 lux (15 footcandles). In recent years these recommendations have been debated, with aesthetic concerns and varying rates of light fading for different media being considered.

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B: Notes on Environmental Conditions

Although all wave lengths of light are damaging, ultraviolet (UV) radiation is especially harmful to library and archival materials because of its high level of energy. The standard limit for UV is 75 ÂµW/l . The sun and tungsten-halogen or quartz lamps, mercury or metal halide high intensity discharge lamps, and fluorescent lamps are some of the most damaging sources of light because of the high amounts of UV energy they emit.

Because total damage is a function of both intensity and duration of exposure, illumination should be kept as low as possible (consistent with user comfort) for the briefest amount of time feasible. Ideally materials should be exposed to light only while in use. When not in use, they should be stored in a light-tight container or in a windowless room illuminated only when materials are being retrieved. Illumination should be by incandescent bulbs. When materials are being used, light should be from an incandescent source. It is important to note that incandescent bulbs generate heat and should be kept at a distance from materials. Light levels should be as low as possible, and exposure should be for the shortest time that is feasible.

Windows should be covered by drapes, shades, blinds, or shutters that completely block the sun. This will also aid in temperature control by minimizing heat loss and limiting generation of heat by sunlight during the day. Skylights that allow direct sunlight to shine on collections should be covered to block the sun or painted with titanium dioxide or zinc white pigments, which reflect light and absorb UV radiation. Filters made of special plastics also help control UV radiation. Ultraviolet-filtering plastic films or UV-filtering Plexiglas can be used for windows to lower the amount of UV radiation passing through them. These filters, however, do not provide 100% protection against light damage. Drapes, shades, blinds, or shutters that completely block the light are preferable. Fluorescent tubes should be covered with ultraviolet-filtering sleeves in areas where collections are exposed to light. An alternative is the use of special low-UV fluorescent tubes. Timed switches should be used for lights in storage areas to help limit duration of exposure of materials.

Permanent exhibition of materials should be avoided. Since even slight exposure to light is damaging, permanent exposure is deadly. If materials must be displayed, it should be for the briefest time and at the lowest light levels, with light coming from an incandescent source. Materials should never be displayed where the sun shines directly on them, even if for only a short time and even if the windows are covered with an ultraviolet-filtering plastic.

B.3 AIR QUALITY

Pollutants contribute heavily to the deterioration of library and archival materials. The two major types of pollutants are gases and particulates. Gaseous contaminants---especially sulfur dioxide, nitrogen oxides, peroxides, and ozone---catalyze harmful chemical reactions that lead to the formation of acid in materials. This is a serious problem for paper and leather, which are particularly vulnerable to damage caused by acid. Paper becomes discolored and brittle, and leather becomes weak and powdery. Particulates--- especially soot---abrade, soil, and disfigure materials.

Controlling air quality is difficult and complex and depends upon several inter-related factors. Various standards for air quality have been suggested. However, until more experience is gained, the most reasonable recommendation is that the amount of pollutants in the air be reduced as much as practicable.

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Department of Justice, Equality and Law Reform 18/7/06

B: Notes on Environmental Conditions

Gaseous contaminants can be removed by chemical filters, wet scrubbers, or a combination of both. Particulate matter can be mechanically filtered. Electrostatic precipitators should not be used because they produce ozone. Equipment varies in size and complexity from individual filters attached to vents, furnaces, or air conditioners to building-wide systems.

Equipment also varies greatly in effectiveness. It is important that the equipment chosen be suited to the institution's needs and the level of pollution in the area where the institution is located. A regular schedule of maintenance and filter replacement should be followed. An experienced environmental engineer should be consulted for recommendations.

There are several additional ways to control air quality. One is the provision of good air exchange in areas where collections are stored or used, with replacement air being as clean as possible. Care should be taken to insure that air intake vents are not located near sources of heavy pollution such as a loading dock where trucks idle. Another measure is keeping exterior windows closed. Yet another measure is storage of library and archival materials in archival-quality enclosures, which may help decrease the effects of pollutants on materials. Newly available enclosures made with molecular traps such as activated carbon or zeolites, which will capture pollutants, appear to be particularly effective in this regard. Finally, origins of pollution should be eliminated as much as possible. Automobiles and industry, major sources of pollution, will probably be beyond control. Other sources, however, may be reduced. These include cigarettes, photocopying machines, certain types of construction materials, paints, sealants, wooden storage/display materials, cleaning compounds, furniture, and carpets.

Temperature, relative humidity, light, and air quality all affect the longevity of library and archival collections. By following the guidelines provided above, one can significantly extend the life of these collections.

*Relative humidity is a ratio (expressed as a percentage) of the amount of water vapor in a specific amount of air compared to how much that same amount of air can hold at the same temperature and pressure. Because relative humidity is dependent upon temperature, these two factors should be considered together.

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Department of Justice, Equality and Law Reform 18/7/06