Dáil debates

Tuesday, 6 November 2007

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Second Stage (Resumed)

 

6:00 pm

Photo of Seán PowerSeán Power (Kildare South, Fianna Fail)

I thank Deputies for their contributions and broad support for the reform proposals set out in the Bill. While it undoubtedly contains many technical proposals and measures, its aim is to update our land and conveyancing laws to meet the changed needs of the 21st century. The Government recognises the need for an up-to-date and streamlined conveyancing code that will reduce the time taken to buy and sell property and improve economic efficiency. In short, an up-to-date code is needed to protect consumers and facilitate economic activity in a vibrant market economy.

Many of the points raised in Deputies' contributions were of a detailed nature and are, therefore, more appropriate for discussion on Committee Stage. I would, however, like to respond on some of the more general policy issues raised during the debate.

Deputy Rabbitte asked whether there were plans to modernise the landlord and tenant code. In that regard I am happy to state work on such a project is already well under way in the Law Reform Commission. I look forward to the conclusion of that project and proposals for updating the law in this important area.

A number of Deputies referred to issues relating to the registration of title and the relative lack of progress made in recent years in extending compulsory registration of land. While I agree that perhaps more could and should have been done, the current position is that the specific function of promoting and extending registration of ownership of land has been given to the Property Registration Authority. It would perhaps be helpful to Deputies if I put this in an historical context. The first attempt to introduce registration of title in Ireland was made in the Record of Title (Ireland) Act 1865 but its scope was limited to land sales sanctioned by the Landed Estates Court under the Landed Estates Court (Ireland) Act 1858. This Act marked an attempt to free up large estates burdened with family settlements by permitting the sale of the land and using the proceeds to discharge the debts. In this way, purchasers were able to acquire clear title to the land in question. The Act also made provision for registering such titles but did not establish a dedicated land registry. As a result, little use was made of the registration option.

Comments

No comments

Log in or join to post a public comment.