Land Registration Bill [Lords] – in a Public Bill Committee at 10:45 am on 13 December 2001.
I beg to move amendment No. 70, in page 34, line 13, after ''consult'', insert—
''the Law Society and the Council for Licensed Conveyancers and''.
This is a simple but important amendment. It relates to detailed consultation with the society and council who will be the operators of this process, adding a requirement to consult with the Law Society and the Council for Licensed Conveyancers. It is pretty obvious what that means. I do not need to go into all the details, but I would be grateful to hear what the Minister has to say.
We have already discussed the general approach taken in drafting the Bill and the problems that might arise from specifying particular individuals or bodies for consultation. The duty to consult in various parts of the Bill has deliberately been worded very loosely to enable the Lord Chancellor to consult such persons as he or she feels should be consulted at that time.
We cannot know at this stage what changes could alter any list of consultees that we prepare now and it would be inappropriate and undesirable to create a partial list. Flexibility is important. At present, it is inconceivable that either the Law Society or the Council for Licensed Conveyancers would be left out of a consultation process under clause 93, which, as the
hon. Member for Stone said, is an important clause. I happily undertake to ensure that they will be consulted when the time comes.
It remains our view that it would not be appropriate or desirable to highlight those groups by mentioning them in the Bill. There will be other consultees whose contributions will be equally important to the decision-making process. In light of the need to maintain flexibility and of the undertaking that I have given, I hope that the hon. Gentleman will withdraw the amendment.
I am a little disappointed with the Minister. The Law Society is the chartered body with specific responsibility here, and which, through the Solicitors Act 1974, has specific requirements imposed on it with regard to conveyancing. Licensed conveyancers are also subject to statutory requirements. I am not suggesting that the Minister would not end up consulting the Law Society, as he said, but this still seems extraordinary. I am waiting with bated breath in the hope that the Minister will listen to what I am saying and respond properly.
I will just repeat something that the hon. Gentleman might not have picked up. Of course we understand the importance of the Law Society and the Council for Licensed Conveyancers, and I gave a specific undertaking that they will be consulted. I also said that the views of other consultees will be equally important and will have to be taken into account. We need to maintain flexibility, and I hope that my specific undertaking, which I now repeat, will enable the hon. Gentleman to withdraw the amendment.
I heard what the Minister said extremely clearly and I am familiar with the formulas frequently used in respect of questions of consultation. As the Minister knows, as a matter of law, consultation does not necessarily mean that what the person seeking the consultation wants will be done. It is a matter of, ''I hear what you say; I will do so in a responsible way.''
I do not want to enlarge on what I have said, because the point is obvious. However the consultation process is conducted and whoever it is conducted for or with, in reality one is dealing definitely and specifically with a chartered body with statutory functions and licensed conveyancers. I would be repeating myself if I mentioned that again, so I shall return to the serious business of dividing the Committee.
Question put, That the amendment be made:--
The Committee divided: Ayes 2, Noes 10.