Paul Coghlan (Fine Gael)

I thank the Minister of State and Senators O'Toole, Ryan, Kitt, Brian Hayes, Minihan, Brennan, Brady, Scanlan and Hanafin for contributing to the debate. There is no uniformity with regard to the extent of this payment system but there was uniformity, indeed unanimity, in the speeches about it this evening. Everybody said, in one way or another, that stage payments must end and that they would soon be a thing of the past.

However, I am slightly confused. The Minister of State put great emphasis on an agreed approach. I am grateful to the Minister for his letter but I had not received it when I spoke on Second Stage of the Land and Conveyancing Law Reform Bill. That might not have been the Minister's fault. In any event, I accept the points he makes in that regard. The Minister of State, in both his speech and his letter to me, put great emphasis on the Land and Conveyancing Law Reform Bill and its proposals to give a general power to the Minister for Justice, Equality and Law Reform to make regulations in the area of contracts. The Law Reform Commission report proposed inclusion of a regulation of stage payments in the context of a provision for regulation of terms of contracts.

Is the Minister of State placing too much emphasis on this great reforming Minister, as he sees him? I have not been talking to the Minister but Senator O'Toole apparently has been in contact with him. Perhaps on Committee Stage we can examine what can be done. I did not expect to be discussing this Bill again two years later. I am aware from the various discussions I have had with him during the intervening period that the Minister of State has meant well about ending this practice. I do not know what happened in the Department but the Minister is only saying now that he has a letter from a branch of the industry federation about the matter.

Given the lack of uniformity throughout this small country, this is something that should not have been tolerated and should have been ended by simple legislation. If this Bill were allowed to proceed to Committee Stage and if something is required legally from a conveyancing or a contract point of view to be included in it, we have indicated that we are prepared to accept from the Minister and the expertise of the Civil Service whatever is required to improve it.

All Members who spoke expressed themselves strongly in favour of ending stage payments. Senators Scanlon and Brady mentioned certain bad experiences which they had encountered. Senator Brady spoke about the normal practice in Dublin, where one pays 10% at contract stage and the balance of 90% is not paid until completion and conveyancing of the property. That is standard practice and how it should be done. Not only is the Law Reform Commission in favour of ending stage payments but the auctioneering review group, the Consumers Association, the Law Society and other groups mentioned by the Minister have expressed a strong view on the issue.

I wonder if we are trying to confuse ourselves a little. The Minister spoke about the national property services regulatory authority which is to be established by legislation we have yet to see. Again, the Minister is trying to throw it over to somebody whom he considers to be a reforming Minister for Justice, Equality and Law Reform, Deputy McDowell. However, this is about housing. Certainly there can be an input from Ministers at Cabinet level but it should not thrown on the shoulders of the Minister for Justice, Equality and Law Reform, no matter how broad they are.

I believe the Minister's heart is in the right place on this matter, despite Senator Leyden shaking his head. Let us send the right signal this evening to consumers and house buyers and let this Bill survive to Committee Stage.