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Proposed Legislation.

Dáil Éireann Debate, Wednesday - 3 November 2004

Wednesday, 3 November 2004

Questions (36)

Trevor Sargent

Question:

91 Mr. Sargent asked the Minister for Justice, Equality and Law Reform if he intends to reform the antiquated legislation relating to land law; and if so, if he will use the opportunity to implement some of the recommendations of the all-party Joint Committee on the Constitution relating to land. [27291/04]

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Written answers

The position is that my Department has undertaken an ambitious joint project with the Law Reform Commission with a view to reforming and modernising our land and conveyancing law. Last week I launched a consultation paper entitled Reform and Modernisation of Land Law and Conveyancing Law which contains more than 90 draft recommendations designed to update and streamline this important area of law. Publication of the consultation paper completes the first stage of the project; it is being followed by the consultation stage which is now under way and will run until 31 December. The third stage will involve the drafting of a Bill, or Bills, to give legislative effect to recommendations for reform.

It is my intention to bring forward proposals for draft legislation to give effect to the commission's final recommendations next year. These proposals will: simplify land and conveyancing law and improve its presentation to make it more easily understood and accessible for practitioners and the public alike; update this important area of law to accommodate changing social, demographic and economic needs, for example, new forms of property ownership; and make the conveyancing of property easier and faster with a view to reducing burdensome costs and delays.

The new legislation will repeal about 150 pre-1922 statutes, the earliest of which date back to the 13th century, and replace them with a modern law of property that will meet the needs of the 21st century. The ultimate objective of this project is to facilitate the introduction of an electronic conveyancing system as soon as possible. Implementation of recommendations of the All-Party Oireachtas Committee on the Constitution in regard to private property which are relevant to the scope of the joint project will be examined in the course of the project.

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