Part of Land Registration Bill [Lords] – in a Public Bill Committee at 9:50 am on 13 December 2001.
I start by thanking you, Mr. Illsley, and all hon. Members, for your indulgence of my rather frail state of health. I apologise for any inconvenience that the delay has caused.
I understand the concerns of the hon. Member for Stone (Mr. Cash). However, we shall resist the amendment for a fundamental reason: the Bill is considerably clearer and more succinct than its predecessor. In many ways, it represents a triumph of drafting. It achieves that by stating only that which is necessary to achieve the intended aim. We want to create a register that is viewable online, and which is as complete and accurate a reflection of the state of title to land as is possible.
To help to achieve that objective, all express dispositions to registered land will have to be appropriately protected on the register, unless there are very good reasons for not doing so. Clause 71 creates for the first time a duty to disclose interests that are overriding, either on first registration or a disposition of registered land. There is no question of trying to make someone disclose material that they do not have.
The additional words that the amendment would add are unnecessary and go against our wish to keep the Bill as uncluttered as possible. We have no intention of imposing on conveyancing practitioners a greater burden to investigate matters affecting land than they already carry in representing their clients' interests.
I hope that that explanation will give the hon. Gentleman sufficient reassurance to enable him to withdraw the amendment.