Seanad debates

Tuesday, 20 June 2006

Land and Conveyancing Law Reform Bill 2006: Second Stage.

 

7:00 pm

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)

I thank Senators for their contributions to the debate on this quite complex legislation. It is a large and technically complex Bill which manages to cover many important areas of land and conveyancing law in considerable detail. We all recognise the importance of the subject matter, as well as the need to bring this area of law up to date so that it can accommodate changing needs and modern conditions.

On Committee Stage, there will be an opportunity to delve into the detail in a manner which is not possible on Second Stage. Prior to Committee Stage, the Minister will give full consideration to the issues that have been raised here. Some of them may be more relevant to other associated areas of law rather than this particular Bill. In this connection, the Minister has asked me to say that he has already written to the Chairman of the Joint Committee on Justice, Equality, Defence and Women's Rights, Deputy Ardagh, suggesting that the joint committee might welcome a technical briefing from the delegation, including Professor Wylie, which made a presentation on the earlier Law Reform Commission consultation paper in November 2004. Such a briefing would provide an opportunity to discuss and clarify aspects of the Bill prior to Committee Stage in the autumn.

Everyone who buys a house or an apartment gains experience of the conveyancing process. As Members have said, it is often a frustrating experience, marked by delays, inconvenience and unexpected costs. At this stage, however, I wish on my own behalf and that of other Members of the Oireachtas, to thank the personnel of the Land Registry for their courtesy and help in having matters expedited. Our experience has been that they are particularly helpful and I pay tribute to them in that regard.

The aim of the Bill is to simplify and clarify the law and streamline the procedures involved. This will help to demystify the conveyancing process and reduce the delays and costs involved for house buyers.

As Senator Coghlan noted, it is no wonder that as this subject is currently presented in feudal terms and, more particularly, presented in frayed ribbons, many stories are attached to it. Anyone who has been in either of the Houses for any length of time will have stories for their memoirs, most of which they cannot tell while they intend to be candidates as it might not be good for their political careers. There are wonderful stories. I can think of a particularly good one which involves two former Members of the other House. It is one of the funniest stories I have ever heard in regard to a Land Registry transaction.

As the Minister of State noted, the long-term objective is electronic conveyancing. Much work remains to be done before it becomes a reality but the combined impact of the recently enacted Registration of Deeds and Title Act 2006 and this Bill will go a long way towards making it a practical and feasible target. Ultimately, all those involved in transacting property-related business will have their business conducted much more quickly than heretofore and, hopefully, at more reasonable cost, which is an aim to which we all aspire.

The Bill, particularly taken in tandem with the Registration of Deeds and Title Act 2006, has the capacity to make a significant improvement to people's lives. For most people, this would apply when they are building their house and, therefore, would be a one-off event. However, the process was heretofore frustrating and expensive. The two pieces of legislation will serve to make it easier and more user-friendly.

I thank Members for their contributions. Undoubtedly, Committee and Report Stages will lead to further consideration of the issues involved.

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