Charles Flanagan (Laois-Offaly, Fine Gael)

I thank the Minister for his comprehensive overview of this technical, nevertheless, important legislation, a measure that represents the greatest upheaval in conveyancing law in more than a century, perhaps with the exception of the Registration of Title Act 1964.

This Bill is much more than technical reforms of practice and procedure. In essence we are witnessing the end of the feudal system. Originally a vassal could not move abode, marry, work or die without some charter of approval and acknowledgement from a superior. The feudal system relied heavily on the concept of separate estates in the same land with the crown holding the ultimate superior interest. Land registration as it has evolved, results in a simple title sheet being the land certificate, as we know it. The title sheet held in the registry can be accessed manually and comprises one sheet of paper or it can be accessed electronically, which is the objective of the legislation. Moreover the title sheet should be able to record burdens and charges as well as changes in ownership by way of electronic transaction. The ultimate objective must be that deeds could be digitally created and signed and day to day conveyancing will become no more than a mere mechanical exercise. That is not to say that one can move from the Registry of Deeds to an electronic keyboard without acknowledging the remarkable course of land ownership in our history.

The Fine Gael Party welcomes the introduction of this Bill and there can be no doubt that if any area needs reforms it is the law on conveyancing and property. We have long been campaigning for legislation such as this and we support it. We will examine the detail of the Bill and table amendments on Committee Stage.

I am aware that the former Minister for Justice, Equality and Law Reform, Mr. Michael McDowell was the driving force for this legislation since 2002 when he was the Attorney General. I pay tribute to him for taking on this very difficult but important undertaking. I acknowledge also the major contribution of Professor John Wylie, perhaps the leading expert on property law in Ireland. I can see his hand in the drafting of the Bill and I know from inquiries that he has been the leading hand in this legislation along with an expert team of lawyers and researchers that form the land law working group in the Law Reform Commission. It is a complex area of law. Even the report of the Law Reform Commission does not make easy reading. There remains very much a job in conveyancing for the "plain English" brigade. While much progress is being made with this legislation, it is still heavy, complex and extremely difficult to peruse in any way that can be clearly understood. We have a duty as legislators to ensure that wherever possible our legislation is straightforward, understandable and comprehensible to the ordinary citizen so that nobody is excluded from the process of legislation produced by the Oireachtas.

Everybody will welcome the end of terms such as "fee tail", "fee farm grant", "estate pour autre vie", "the rule in Bain and Fothergill", terms that mean nothing to lay people. None of us will miss the 150 statutes that will be repealed with the passing of this Bill into law, for example, the Maintenance and Embracery Act 1634 or the Clandestine Mortgages Act 1697.

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