M J Nolan (Carlow-Kilkenny, Fianna Fail)

I welcome the introduction of this Bill. The Bill is a comprehensive, radical and far-reaching reform of our land and conveyancing laws. I wish to speak on the subject of the archaic laws under which conveyancing of land is operated. The Oireachtas has not adequately examined the area of e-conveyancing. This country has shown the world it is capable of being a modern economy and has proved beyond doubt over the past 15 years that it can hold its own with any other country. We are selling ourselves short by not embracing computing and e-conveyancing. Some other countries, such as Canada, have perfected this system and I suggest the Minister consider it. Members of this House and the Seanad have been contacted by constituents who are frustrated by the legal process concerned with the change of ownership of land and houses. The house building programme has been at the level of 70,000 units per year, although this number will decrease this year. Action must be taken to make it easier for individuals to deal with the transfer of property. At a time when the legal profession is under the spotlight, it should be proactive in ensuring that it is seen to be putting in place more effective and efficient conveyancing legislation.

This Bill is welcome because it will remove some of the archaic language and simplify and update the language used. Some solicitors and other members of the legal profession tend to use legalistic language in an effort to buy time when problems arise in conveyancing of property. Like any other profession, it has good practitioners and some very poor practitioners. The work being carried out by efficient solicitors' offices can be frustrated by them being forced to deal with legal practitioners who may not be as efficient and as effective. This is a source of great frustration to the solicitors involved and to the public.

It is timely to be discussing this Bill. This House should be more proactive in ensuring that the conveyancing system and its laws are updated. It does not take rocket scientists to put in place legislation to deal with e-conveyancing, if that is what is needed. The vested interests should be seen to support the Minister, the Department and the public, in ensuring that this Bill is given an easy passage.

The role of the Law Reform Commission in supporting this Bill should be acknowledged and commended. Mrs. Justice Catherine McGuinness is to be commended. She was president of the Law Reform Commission during the debate on the drafting of this legislation.

The Bill is a joint project that was launched in 2003, four years ago, which shows how slow the progress has been in bringing forward legislation. It is a joint initiative between the Department of Justice, Equality and Law Reform and the Law Reform Commission, the primary purpose of which is to comprehensively reform and modernise all the land conveyancing laws that required updating. The Bill will repeal many of the pre-1922 statutes and this is to be welcomed. The Bill will find support on all sides of the House.

The role of the Land Registry should be acknowledged. It worked for many years under dreadful conditions, as I was informed by a number of members of its staff who were frustrated in dealing with the avalanche of work. Resources have been made available and conditions of work and the efficiency of the office have improved. I hope this Bill will be enacted as soon as possible and I ask the Minister to bring forward legislation to ensure that this country holds its premier place in international circles by having good e-conveyancing legislation on the Statute Book. This should be user-friendly so that where there are no problems attending title, conveyancing can take place within a matter of days rather than months. I know of cases where conveyancing can take years. A mechanism in law should be in place to clean up titles that require it. It is hoped that by the end of this Dáil term, e-conveyancing legislation will be in place in keeping with the first rate economy. I wish this Bill a speedy passage through the Houses of the Oireachtas.

See this speech in context