Maurice Cummins (Fine Gael)

I welcome the Minister of State, Deputy Fahey, and his officials to the House. Fine Gael welcomes the introduction of this legislation. There can be no doubt that if any area of the law needs reform, it is that of conveyancing and property. We have long campaigned for legislation such as this, and I stress that we very much support this Bill. I am aware the Minister for Justice, Equality and Law Reform, Deputy McDowell, has been a driving force behind this legislation since his time as Attorney General in 2002, and I also pay tribute to him. It never ceases to amaze me that in this country we continue to rely on archaic laws and statutes that not only predate the establishment of the State but stretch back to the 12th or even 11th century. The sooner that we legislators deal with that, the better for clarity and expediency.

Before I discuss the Bill, I would also like to pay tribute to the Law Reform Commission for all the work that it has carried out on the issue. I have said before in the House that I have great regard for the commission, a body from which many State agencies and State-sponsored bodies might learn valuable lessons. Under the Honourable Ms Justice Catherine McGuinness of the Supreme Court, as president, and her only full-time colleague, Patricia T. Rickard-Clarke, the Law Reform Commission has successfully implemented a programme of research and investigation into the law that has been second to none. Its rate of delivery of sound, considered and detailed reports on important areas of law reform has been admirable, as well as infinitely valuable to Members of the Oireachtas. I pay thanks to it.

The role of the Law Reform Commission was unfortunately highlighted recently in the controversy over section 1(1) of the Criminal Law (Amendment) Act 1935 and the Supreme Court judgment that struck down that part of the Statute Book. It behoves us as Members of the Oireachtas to ensure that the recommendations in the reports of the Law Reform Commission are more speedily and sincerely considered and implemented where necessary. I understand that Professor John Wylie, perhaps the leading expert on property in Ireland, is effectively leading the charge on this issue, along with the mammoth team of lawyers and researchers that form the land law working group in the Law Reform Commission. He has been responsible for the guts of the Bill, and I had the pleasure of hearing him before the Committee on Justice, Equality, Defence and Women's Rights some months ago.

I am aware of the Trojan work being done on land law and conveyancing. This area of law is complex, and the Law Reform Commission's report does not make for easy reading. There very much remains a role for plain English in conveyancing. Despite the progress that we make in the legislation, it is still very heavy and complex, making it extremely difficult to peruse. Nevertheless, everyone will welcome the end of such terms as fee simple, fee farm grants, and the ruling in Bain v. Fothergill, which mean nothing to ordinary laypeople. None of us will miss the 150 statutes that this Bill's passing will repeal, such as the Maintenance and Embracery Act 1634 and the Clandestine Mortgages Act 1697. I acknowledge that many of us would wish that our mortgages were somewhat more clandestine.

A reading of Schedule 2, which lists the repealed statutes, shows just how archaic Irish law has been in this area. When we find that we must abolish statutes that have been in effect since the time of King Edward I, we know that action is long overdue. I see that the Statute De Donis Conditionalibus 1285 is finally leaving us for good, along with the Statute Quia Emptores 1290 and the Illusory Appointments Act 1830. While it is easy to see how outdated many of those Acts are, some will ring true. One can only imagine what injustices were executed under laws with such names as the Tithe Arrears (Ireland) Act 1839, the Settled Estates Act 1877, and the various pre-Famine Crown Lands Acts. Those form part of our history, and the past is undoubtedly where they belong.

The Bill deals with so many different areas of land law that it represents a comprehensive review of Irish property law. I particularly welcome the proposed changes to land ownership in part 2. Extraordinarily, until this Bill passes, Irish people will not own their properties absolutely. Despite our now spending remarkable sums on houses and land in this country, when we buy a house, we still owe fealty to the Crown for ownership of the property. In essence, there currently exists no such thing as absolute ownership of land or property in Ireland, but fortunately the Bill will redress that situation. The State will now finally be enshrined as the alternative to the Crown in such matters.

Section 9 will abolish feudal tenure, a long-overdue and extremely important measure. Perhaps I might ask the Minister when it is intended to deal with the vexed question of ground rents, which still causes problems in many parts of the country.

There may be scope, in the aftermath of the Bill's commencement, for further review of the terminology used in legal matters in general and specifically as far as property law is concerned. Despite this reforming legislation, part 7 deals with an area with which the Minister even had difficulty, appurtenant rights and profits À prendre, terms that are a far cry from the kind of language that we would like to see in the area to demystify land law for ordinary people. Similarly, it is fair to say that a non-lawyer reading section 63, on escrows by bodies corporate, would be puzzled as to its meaning.

During debates in this House on the Registration of Deeds and Title Bill 2004, I raised the issue of land registration, introducing amendments on Committee Stage to encourage movement towards the eventual registration of all lands in Ireland. I believe it a very important goal on which the Minister might once again focus his attention after the Bill's enactment. I also welcome the abolition of the creation of rent charges and a clear statement that extant rent charges will now have the status of simple contract debts. Section 47 establishes an important change to the law regarding the enforceability of a freehold covenant, abolishing the ruling in Tulk v.Moxhay. I would also like to mention the new protections for purchasers laid down in section 57. In the light of recent examples of fraud and questionable practice, it is a very important section.

I look forward to examining some of the measures contained in the Bill in greater detail on Committee Stage. However, I warmly welcome it, both for its specific achievements and for the broader policy objectives that it realises. Fine Gael supports this legislation, which is practical, modernising, clarifying and pragmatic. We will support the Bill and look forward to improving it on Committee Stage.