Mr Nigel Waterson (Eastbourne, Conservative)

Amendment No. 35 replaces the requirement for the seller to have the pack in his possession at all times with what we think is a much more sensible provision, namely to make it available upon reasonable demand. Otherwise, the responsible person—usually the estate agent, but possibly the seller himself—would have to take his seller's pack into this fictitious pub, no doubt on the corner of Acacia avenue, which is becoming rather overcrowded. No rational person would dream of visiting it for a quiet, relaxed drink because of the frenzied buying and selling of properties. Do Ministers really suggest that the seller should have the pack, which will become ever more voluminous with all the stuff that they insist on putting in by law, in his possession or about his person at all times during that period? Should the seller have the pack by his bedside table at night on the off chance that what I termed the conveyancing gestapo might ask to see it during one of its regular trawls through the pub?

It is ridiculous that the seller should have to have the pack with him at all times. It is sloppy drafting and I want to know what the Minister thinks. I cannot, for the life of me, see any objection to our amendment, which is a sensible departure from the text of the Bill.

Amendments Nos. 38 and 39, which delete the words ``as it stands'' and ``at that time'' respectively are probing amendments. They are both curious groups of words that leap off the page. The responsible person's obligation to provide a potential buyer with the pack is fine as far as it goes, but why ``as it stands'' and ``at that time''? The Minister needs to tell us more of what he envisages. Presumably, the words mean that the seller's pack will not be a static document but will be changed and updated as time goes on. If that is the case, and I assume that it is because the Minister is nodding, it opens up a series of possibilities that number among our objections to the Government's proposals.

We made the point—as did professional bodies and organisations—until we were all blue in the face, that the concept of seller's packs is not objectionable. A lot of people provide them already, but we do not think that they should have the force of law. We also debated new properties, and developers putting together seller's packs. It makes sense for those who want a rapid sale to put together some of the basic documents that they know they will be asked for anyway, sooner rather than later.

The practical difficulties arise with the local search—we will say more on that later—and the home condition report. Both documents have a definite shelf life. The local search might have a life of about three months. If applicants were particularly unlucky, the local search in the seller's pack could be rendered out of date if, shortly afterwards, a massive new development were approved by the local planning committee. That information would be found in subsequent searches.

Perhaps more importantly, there is the home condition report. It is far from being a full structural survey, but it is something, Ministers presume, on which most buyers will place great reliance in making such large purchases. However, the report will become out of date, for many reasons. A very hot summer can produce problems with subsidence; a wet spell can also cause trouble. Some areas, and not only those that recently experienced major flooding, have had problems with the rise in the water table and old springs coming to life, sometimes after centuries. Properties that were perfectly sound four or five months ago might present problems, if surveyed now, to a potential buyer. Those are some of the reasons why seller's packs are a neat concept on paper but are far removed from the real world.

We share the view of various professional bodies that we should exclude at least those two items; we will debate that in detail. The drafting of the clause implies that the Minister accepts that seller's packs will be amended and updated, which is fine in the practical world. Are Ministers not persuaded that, in the real world, seller's packs will not be as beneficial as the Government think and not worth the extra time, effort and expense involved? The last two amendments are probing ones and I am keen to hear what the Minister—or any other member of the Committee—has to say.

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