Terence Flanagan (Dublin North East, Fine Gael)

I welcome the opportunity to debate this Bill. As we are all aware land registration is very complex in Ireland. It reflects the various changes in our country's history. For example, the bulk of the deeds that still form the day-to-day practice of conveyancing describe lands as being in situ or in the King's or Queen's county. Had the compulsory registration of the Registration of Title Act been extended from 1970 onwards, the Minister's task in introducing electronic conveyancing would have been far simpler. Because of the various transactions and changes in ownership during that time unfortunately, significant easing of the system might have taken place. However, it was not. It is only in the compulsory registration counties that the registration of the title is incorporated in the issue of a single land certificate. This has resulted in significant changes and has eased the burdensome nature of conveyancing by having just title incorporated in the Land Registry. Changes in the law in this area are long overdue. Many old Acts are being binned into history because of this legislation which I welcome. There are still older statutes and the sooner we deal with them the better for clarity and expediency.

I pay a particular tribute to the Law Reform Commission for all the great work it has carried out on this issue. It has successfully implemented a programme of research and investigation into the law that is second to none. It is infinitely valuable to us as Members of the Oireachtas and it is important that we place on the record our thanks for its great work. This Bill will make the process of conveyancing simpler and more straightforward so it might be clearly understood by the consumer. To achieve this goal much of the old terminology must be replaced by concepts that are more easily understood. The staff of the Land Registry office should be commended on their great work also. Some of the pieces of paper that pass across the desks of examiners of title are complex.

In essence, the Bill reduces the number of estates of varying degrees of ownership to two which I welcome. This will provide a more definite and certain concept of land ownership. The two basic types of ownership will remain freehold or fee simple interest and estate with absolute freehold interest with or without incumbrances and leasehold type of tenancy with covenants and conditions restricting absolute freedom to enjoy the benefit of ownership. There will be no more fee farm rents or fee farm grants, no more leases for life renewable forever and other lesser known but very complex degrees of ownership.

The process of change and simplification will reduce some of the mystique attaching to title and ownership. This will make matters clearer for the consumer and save money as the time involved in the conveyancing transaction will be considerably less. Only a few years ago we were told that three solicitors were necessary to complete an independent house transaction, one for a vendor, one for the purchaser and one for the financial institution, which was ridiculous. I am glad this Bill will make that a thing of the past.

The Bill also deals with many different areas of land law. It represents a major comprehensive review of the law concerning property in Ireland. Currently there is no such thing as absolute ownership of land or property in the State. The Bill will finally redress that issue. The State will be enshrined as the alternative to the British Crown in such matters. The amendment and repeal of aspects of the Partition Acts of 1868 and 1872 are welcome because the uncertainty and confusion that surrounds the current interpretations of these Acts can cause difficulties. There will be a wider discretion vested in the courts to interpret the law and apply modern conditions and everyday eventualities to the concept of ownership.

It is important to move towards the eventual registration of all lands in this country. This is the most important goal and with the enactment of this Bill the Minister might consider focusing his attention on it. He mentioned that the system has been extended to three more counties but there is a long way to go to ensuring that this long overdue measure of ownership can be taken into consideration in a consumer friendly way.

Section 47 of the Bill represents an important change. Similarly in light of recent examples of fraud and questionable practices the new protections for purchasers as laid down in section 57 are significant. The contractual position relating to the conduct of public auction awaits new legislation and a regulatory framework to cover auctioneers. Will the Minister update the House on the steps being taken towards regulating estate agents? Will the introduction of e-conveyancing reduce fees for the purchaser?

I avail of this opportunity to raise the Michael Lynn case which was recently reported in the media. A report by the Law Society's regulation of practice committee disclosed acts of dishonesty on the part of Mr. Lynn in regard to clients' money. Mr. Lynn has been investigated by the Law Society due to concerns about his property dealings. He has a multi-million euro portfolio of more than 100 properties in a number of different countries. The High Court has been told that since January 2007 Mr. Lynn has drawn down loans totalling more than €26 million and has purchased approximately 40 properties, all financed by loans. It is alleged that he took out multiple mortgages on a number of his properties with several banks. The Law Society went to the High Court and has froze Mr. Lynn's assets, obviously to protect clients' money and to prevent further misappropriation. What measures will he take to review the legal profession in light of this case and the fact that solicitors can draw down loans without security?

I welcome this Bill which will provide for a comprehensive reform and modernisation of land law and conveyancing law.

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