Paudge Connolly (Cavan-Monaghan, Independent)

Electronic conveyancing is a major step into the future and is this Bill's ultimate aim. The legislation proposes to computerise the registration of titles and deeds in the Land Registry preparatory to Ireland adopting electronic conveyancing, as many countries have done. We know cases where people have gone abroad and returned within a few days, having purchased a property abroad after going through all the legal channels, sorting out their mortgage and signing off on the entire transaction. It is time to change the way such matters are dealt with in Ireland and this Bill is possibly part of such a change.

The manner of bearing witness to land transactions has evolved through the ages. We have moved from the feudal symbolism of seizing, with its clods of earth, and beating the bounds, which denoted the freehold possession of land. The modern method of validation uses the pen and ink signatures of the transacting parties and attesting witnesses. The objective remains the same: to identify the parties to a transaction, confirm their consent and intentions and accurately describe the land being transferred. There is much in the process that has not changed.

The public deserves a faster and less stressful way of buying and selling property. This Bill provides much of the legislative framework for a fully electronic process which will handle the transactions on-line. I hope that if it is handled electronically, it might make the process cheaper. A frustrating aspect of the process is the fact that if a person engages a solicitor to act for him or her, the first question he or she is asked relates to the cost of the property. This reflects the amount that the solicitor must receive. This must be changed because one is essentially looking at the same type of transaction. If a person is buying a home or business, there should be a cost for it. There may be slight variations but it is a rather crude way of deciding the bill.

The Bill will fundamentally change our relationships with conveyancers who will, under the projected system, prepare electronic documents and verify the details against the register. They will then be able to use a secure network to communicate drafts to the other parties to the transaction and obtain approval of the documents. When they are finally approved, they will automatically be given legal effect through the entry of the results into the register.

The single most important task over the next few years will be the establishment of the system. The degree to which the potential of this technological innovation is harnessed will be a test of the Government's commitment to it. Our national housing stock has been conservatively valued at more than €300 billion, with more than €50 billion in mortgages. Concerns have been expressed about the degree to which we are indebted, however, that is another issue. As part of its purpose of providing a legal framework for electronic business, will electronic signatures and contracts be given the same status as written contracts? This is a very important issue that must be addressed.

This Bill will substantially subordinate legislation to attain its goal of facilitating the process of electronic conveyancing. The speeding up of this process would make a major contribution towards avoiding the possibility of "gazumping". I do not think this practice existed a few years ago and buyers were hit with it when property prices began spiralling out of control. The repeal of the antiquated registration of deeds legislation, which dates back almost 200 years, and the amending of the Registration of Title Act 1964 are just two constituent parts of the electronic jigsaw. If the conveyancing process is to be speeded up significantly, the use of electronic contracts and signatures will not be the main factor. It will boil down to the rapid flow of information in a standard form to facilitate the quick delivery of such information to the end user, the home buyer. This flow of reliable information should enable him or her to make an informed decision regarding purchase and should achieve the desirable aim of discouraging gazumping. The information will generally flow between solicitors, lenders, surveyors, local authorities and the Land Registry, which in this Bill is embracing the electronic revolution.

The key to the success and the ultimate aim of electronic conveyancing is the integrity and security of the flow of information, which the Land Registry and the Registry of Deeds will bring about. Certification authority for digital signatures of necessity would require approval, and while lightness of touch in the general commercial way may be acceptable, it would be another matter with regard to land.

One's own home is for most people their most valuable asset and a single large purchase in which they will at some point be instructing a solicitor. In most cases it will be the only time a person will instruct a solicitor. To foster public confidence, any electronic method of conveyancing must have, and be seen to have, the utmost integrity. Electronic voting was tested in two constituencies and although it appeared to work, the equipment is now shelved. The simple reason for this was the element of doubt created that it was not the best solution. With regard to the purchase of a home, we must be seen to be completely above board. This may be a difficulty, and Deputy Ring referred already to electronic voting. Lessons may have to be learned from that experience.

Digital mapping is a major project that needs to be implemented to ensure that electronic conveyancing will become a reality. Not alone should land related information be available to customers of the Land Registry, it should be linked into the European Land Information Service, or EULIS as it is also known. Land information for European countries will become available through EULIS to facilitate international transactions for property and finance. We have many international transactions at present. Ordinary people are buying property abroad and we should be linked into this system. We have the opportunity to consider this and take it on board.

Infrastructure is slowly but surely being put in place to realise the grand plan of the rapid land transfer system. As the Bill indicates, it is merely preparing the way for an electronic conveyancing system and it represents a somewhat cautious approach to the electronic conveyancing challenge. Once everything is in place to ensure the quickest take-up of the technology and the earliest introduction of a fully integrated electronic conveyancing system, it is essential to set a strict but reasonable timescale for its introduction. We may have it on the books but it is important to set a timeframe and to introduce it on a given date.

At the time of introduction, electronic conveyancing should be compulsory. Changes are coming whether lawyers like it or not. We should not shy away from these changes but embrace them and work towards the benefits that they can bring. The Bill is part of the process of modernisation of the registration system and migration between types of registries, and the availability of an electronic register will hasten this process. It will enable registries to play a pivotal role in the successful implementation of the electronic conveyancing in Ireland, and I hope we proceed with it.

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