Chamber
Meeting of the Parliament 14 March 2012
14 Mar 2012 · S4 · Meeting of the Parliament
Item of business
Land Registration etc (Scotland) Bill: Stage 1
That is a fair point, although I am sure that when Mr Ewing was in practice he was very reasonable in the fees that he charged—as, indeed, was I.
The offence in section 108 probably caused the most heat in the evidence that the committee heard. The committee heard that it is a significant additional measure to tackle serious and organised crime, specifically in relation to mortgage fraud, but we also heard a lot of evidence that the scope of the offence is too wide and could cover genuine mistakes by solicitors. Section 108 does not mention fraud, even though it is intended to deal with fraudulent behaviour, and it provides no detail on what solicitors need to do to ensure that they are not prosecuted for recklessness.
The committee welcomed the minister’s commitment to consider the wording of section 108, with a view to providing much-needed clarity, and I welcome his comments about consultation of the Law Society of Scotland on the provision.
The committee raised other issues, which I do not have time to cover in detail. I will briefly mention prescriptive claims. The majority of the committee took the view that the Government needs to consider a more public process for advertising land where there is an application for prescriptive acquisition. I and one other member of the committee dissented from that view, but I acknowledge that the issue generated much public interest.
My time is almost up, so I say in closing that the committee said unanimously in its report that completion of the land register of Scotland is a worthwhile objective. However, we believe that the register should not be completed at the expense of quality; that is an important point to bear in mind. We hope that the bill and our report’s recommendations will go a long way towards increasing the number of land registrations. We therefore commend the bill to Parliament.
13:50
The offence in section 108 probably caused the most heat in the evidence that the committee heard. The committee heard that it is a significant additional measure to tackle serious and organised crime, specifically in relation to mortgage fraud, but we also heard a lot of evidence that the scope of the offence is too wide and could cover genuine mistakes by solicitors. Section 108 does not mention fraud, even though it is intended to deal with fraudulent behaviour, and it provides no detail on what solicitors need to do to ensure that they are not prosecuted for recklessness.
The committee welcomed the minister’s commitment to consider the wording of section 108, with a view to providing much-needed clarity, and I welcome his comments about consultation of the Law Society of Scotland on the provision.
The committee raised other issues, which I do not have time to cover in detail. I will briefly mention prescriptive claims. The majority of the committee took the view that the Government needs to consider a more public process for advertising land where there is an application for prescriptive acquisition. I and one other member of the committee dissented from that view, but I acknowledge that the issue generated much public interest.
My time is almost up, so I say in closing that the committee said unanimously in its report that completion of the land register of Scotland is a worthwhile objective. However, we believe that the register should not be completed at the expense of quality; that is an important point to bear in mind. We hope that the bill and our report’s recommendations will go a long way towards increasing the number of land registrations. We therefore commend the bill to Parliament.
13:50
In the same item of business
The Presiding Officer (Tricia Marwick)
NPA
The next item of business is a debate on motion S4M-02304, in the name of Fergus Ewing, on the Land Registration etc (Scotland) Bill.13:34
The Minister for Energy, Enterprise and Tourism (Fergus Ewing)
SNP
I thank the Economy, Energy and Tourism Committee for its thorough and collaborative scrutiny of the Land Registration etc (Scotland) Bill. I also thank the ...
Murdo Fraser (Mid Scotland and Fife) (Con)
Con
I declare my interest as a member of the Law Society of Scotland.As convener of the Economy, Energy and Tourism Committee, I mention that the committee recom...
Fergus Ewing
SNP
I will consider further and respond in due course on reduced fees for voluntary registration. Does Mr Fraser agree that there is an incentive for voluntary r...
Murdo Fraser
Con
The minister has made a fair point. In his opening speech he mentioned the proposal to introduce time-and-line fees. Higher costs would potentially act as a ...
Fergus Ewing
SNP
I do not want to interrupt the flow of Mr Fraser’s speech too frequently, but I ask him—as one solicitor to another—whether it is fair to say that the high c...
Murdo Fraser
Con
That is a fair point, although I am sure that when Mr Ewing was in practice he was very reasonable in the fees that he charged—as, indeed, was I.The offence ...
Rhoda Grant (Highlands and Islands) (Lab)
Lab
I associate myself with the thanks that Murdo Fraser and the minister offered to those who provided evidence to and assisted the committee. The bill is large...
Mike MacKenzie (Highlands and Islands) (SNP)
SNP
Is it the Labour Party’s position that only companies or individuals who are resident and domiciled in Scotland should be able to buy land in Scotland?
Rhoda Grant
Lab
No. If Mr MacKenzie listens to the points that I will make, he might understand where I am coming from.The land reform legislation was based on the need to k...
Annabel Goldie (West Scotland) (Con)
Con
It is a challenge to bring some verve and spice to the issue of land registration. The subject does not brim with pulsating excitement. Things were a lot mor...
The Presiding Officer
NPA
We now move to the open debate. I remind all speakers that they have a fairly tight 10-minute time limit. Interruption. I am sorry: I meant to say four minut...
John Wilson (Central Scotland) (SNP)
SNP
I speak as a member of the Economy, Energy and Tourism Committee, which held a number of evidence-gathering sessions as part of its detailed examination of t...
John Park (Mid Scotland and Fife) (Lab)
Lab
I thank the clerks for the support that they gave me as a new member of the Economy, Energy and Tourism Committee when I started in January, just after the C...
Mike MacKenzie (Highlands and Islands) (SNP)
SNP
I am pleased to have the opportunity to speak in the debate. Although I am what Murdo Fraser has described as “a non-lawyer”—I wonder whether that is a Latin...
Stuart McMillan (West Scotland) (SNP)
SNP
As one of the non-lawyers on the Economy, Energy and Tourism Committee, it was with a sense of trepidation that I started out on my journey through scrutiny ...
Hanzala Malik (Glasgow) (Lab)
Lab
This is an interesting topic. I have witnessed huge amounts of difficulty overseas, in particular for farmers who have smallholdings. When an inheritance has...
Jean Urquhart (Highlands and Islands) (SNP)
SNP
When I offered to speak in today’s debate, I was aware that I would be doing so more from a sense of how important the bill is than from a position of taking...
James Kelly (Rutherglen) (Lab)
Lab
I welcome the opportunity to speak in this debate on the Land Registration etc (Scotland) Bill. As someone who is not a member of the Economy, Energy and Tou...
Paul Wheelhouse (South Scotland) (SNP)
SNP
I should declare an interest. I worked for BiGGAR Economics when it did the piece of work for Registers of Scotland on the economic impact of its proposals. ...
Rob Gibson (Caithness, Sutherland and Ross) (SNP)
SNP
As the convener of the Rural Affairs, Climate Change and Environment Committee, I have an interest in the Land Registration etc (Scotland) Bill dovetailing w...
Patrick Harvie (Glasgow) (Green)
Green
I strongly commend Rob Gibson for much of what he said. In addition, I thank everyone who contributed to the committee’s work, in whatever capacity.My fellow...
Annabel Goldie
Con
It is difficult in an essentially technical debate to introduce ideas and concepts without risking repetition. I prefer to comment briefly on one or two poin...
Ken Macintosh (Eastwood) (Lab)
Lab
I acknowledge that, although the bill is largely technical, most of its proposals have been welcomed and are required if we are to improve land registration....
Fergus Ewing
SNP
I have thoroughly enjoyed the debate. There have been useful contributions from all sides. If I do not reply in my short speech to some of the suggestions an...
Fergus Ewing
SNP
I will carry on for a bit, if I may.Mr Harvie acknowledged that point, as did others. I can tell him that we have had some discussions on the matter and offi...
Patrick Harvie
Green
Will the minister allow his officials to have discussions with Opposition members prior to stage 2, so that we understand the limits of what the Government t...
Fergus Ewing
SNP
I always do that.Why are reserves necessary? First, because the keeper cannot have access to consolidated funds; she must balance her budget. She does not ha...
The Deputy Presiding Officer (John Scott)
Con
You have another four minutes.
Fergus Ewing
SNP
Oh good. I thought that I needed to finish.