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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
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 of the bill. At the informal briefing session that we had before our scrutiny began, the bill was described as largely technical, but when we went through it, a number of issues were highlighted, none of which was merely technical.

We have already heard about section 108, and I warmly welcome the minister’s comments on that in his opening speech. He and other members touched on the issues that are highlighted in the committee’s report. I am sure that the constructive approach that we have seen so far in the committee will continue.

The bill is welcome because it will update the land registration process. I agree with Murdo Fraser’s comments on those who have participated in the bill process, and all who have assisted the committee. I particularly thank Ken Reid, the committee’s adviser, who managed to put some technical terms into layman’s terms for the benefit of the non-lawyers on the committee.

One area of the current system in which deficiencies have been highlighted is the automated registration of title to land system. We were told in both written and oral evidence that that system is clunky, is deemed to be inefficient and difficult to use, and is not well used. Given that the purpose of the bill is to ensure that more of Scotland is on the land register, the technical issue with the ARTL system needs to be resolved.

The committee whole-heartedly supports the proposal to allow e-registration as that should make registration easier and more accessible. However, if the ARTL system is not improved, the policy will face technical difficulties. The sector has already bought into the idea of e-registration despite the fact that there has not been much take-up. To ensure that the buy-in is carried through, the keeper needs to carry out widespread consultation and testing.

As someone who worked in the information technology sector for a time some years ago, I understand that technology and software rapidly become out of date when they leave the factory. As a result, futureproofing any IT system is a tough challenge, irrespective of the sector for which it is designed. It is imperative that systems are designed with input from those who will use them, and that is particularly true in the area that we are discussing today. Furthermore, I am sure that the financial benefits of such a system will help both the sector and the end customer—the individual who is buying or selling a property.

I have focused my contribution on the issue of the ARTL system because of my background in the IT sector, which meant that I could understand it easily, and because of the importance of e-technology to the Scottish economy. The bill represents an opportunity to bring Scottish land registration into the 21st century, and e-technology can play a massive and major part in making that happen successfully.

14:19

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.