Tom Hayes (Tipperary South, Fine Gael)

I welcome the opportunity to speak on this very important Bill which deals with land registration and conveyancing. We have some reservations about the Bill and the manner in which it deals with complex and important areas of law. The law in this area has long been in need of reform. Solicitors deal with complex and confusing matters in standard land registration and conveyancing every day such as loopholes in current law. I am very glad the House is making an attempt to bring existing legislation up to date to reflect modern social circumstances which no longer require land law based on a feudal system. This is one of the matters that causes Deputies great frustration as they deal regularly with constituents' cases pertaining to the Land Registry and the registration of titles. Constituents who visit our offices or clinics are very frustrated about deals being held up and I hope the Bill will go some way towards helping them. The staff in the Property Registration Authority have in recent years been very helpful in dealing with clients when presented with the relevant reference numbers. The staff in the Waterford office have been particularly responsive to our individual representations.

My first point relates to the Government's stated aim of introducing a comprehensive system of electronic conveyancing, namely, e-conveyancing. Approximately 85% of land in the State, including almost all farmland, is registered with the Property Registration Authority. This is a sound foundation on which to complete the process of registering titles. The Minister wishes to make this compulsory and the Fine Gael Party supports him entirely.

Registration of land enables solicitors and prospective buyers, not to mention current land purchasers, to know more about the property to be purchased and will solve problems regarding boundaries, fences and rights of way. Arguments over rights of way have caused great division in many parishes and among many people and families. I hope the Bill will help in this regard. Divisions over rights of way lead to additional work, expenses and delays for all parties and the Bill represents a huge step forward in that regard.

The compulsory purchase of land titles applies in only six counties, namely, Carlow, Laois and Meath since 1970, and Longford, Roscommon and Westmeath since 2006. Fine Gael stresses that this process is vital to the legal profession and the economy. We will push strongly for sufficient funding and expertise in order that the registration process can be extended to the rest of the country. It is important to remember that in difficult times it will certainly be worth having the type of registration system we can look forward to on foot of e-conveyancing. Our only concern about moving to this system relates to the security of records. We all remember the public confusion and fear over electronic voting. In some Departments there could be breaches of a criminal nature, about which I am worried. The Minister certainly needs to address this issue.

The Minister emphasised recently the importance to economic growth of an efficient system of title registration and property transfer, one of the essential factors in the development of prosperous modern economies. The Chambers of Commerce of Ireland recently made this point. They reckon that straightforward and easy planning, conveyancing and land registration are key to future economic growth. This alone is a very strong argument for ensuring we are able to process matters relating to these three areas. I know this is not in the Bill but I make the point that the processes of planning, conveyancing and land registration must be speeded up so that ordinary businesses can develop and expand and that people coming into this country are not held up. People who are prepared to put their neck on the line in respect of investments or whatever they wish to do to boost this economy should not be held up in these three areas. As the economy faces into possibly a more difficult period, it is very important that we streamline all those areas. The Bill certainly goes some way towards doing this. We need to put this in place in respect of the other areas I have mentioned, particularly planning. It is in the country's interest and that of the people who have the nerve to stand up and say they will spend their money. These people need the proper procedures and planning and I hope this Bill will help in respect of this.

While we accept the Bill does not set out to codify all our land and conveyancing laws in statutory form, they are related concerns. This attempt would mean distilling and converting all relevant judicial or legislative principles into common legislative code. Apart from the efforts involved, such a project would have taken a considerable number of years. Such a codification would inevitably increase the rigidity of the law and remove the flexibility and adaptability which is such a positive feature of our system.

This would take a number of years to complete and would be a marathon endeavour. However, it would also have its merits as recent cases have made Irish people more wary of land purchase. This is terrible for solicitors and clients alike. Since the Bill we are discussing is not an entire revamp, I emphasise that it needs to ensure that Irish land purchasers' rights are looked after and that regulation of the industry is critical.

Almost everybody discussing this Bill has mentioned how complex and confusing language is in this area of law. The onus is on the Government to produce a document for those wishing to purchase land so they can adequately understand the issues they come up against. This would further enable consumers to know their rights and recognise what anomalies arise when dealing with land law. I would welcome such a document as many people in my constituency are often confused and concerned about questioning their solicitor at a time when they make purchases or inherit. They are going through a big change in their lives and I find that many people have real difficulty with the language involved. I encourage the Government to use this legislation as an opportunity to educate the public in this regard now that many outdated items are moving from the law.

In respect of the right to roam, which was dealt with by many people earlier, as a person with much respect for the country way of life, I wonder about charging for access to land. The most important thing that people who are allowed to roam our countryside must do is to respect the land or property they are walking over. This is very important from the point of view of the goodwill of the people who own the land because there is huge potential for tourism, the development of walkways, what people would like to do in their spare time and the natural beauty of our country being used for everyone's benefit. However, the most important thing is to respect property.

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