HL Deb 16 April 1985 vol 462 cc604-5

2.59 p.m.

The Lord Chancellor

My Lords, I beg leave to withdraw the Land Registration and Law of Property Bill, on which I think I owe the House a brief explanation. The main object of the Bill is to provide certainty and to restrict to a minimum the inquiries which it is necessary to make on the purchase of a house. The amendment put down by the noble Lord, Lord Mishcon, and the noble Lord, Lord Foot, if passed, would defeat the main purpose of the Bill.

I have had, I hope, a fairly friendly and frank discussion with the noble Lord, Lord Mishcon, and I have communicated with the noble Lord, Lord Foot. In the circumstances, I think that the only course is for me to seek leave to withdraw the Bill for the reason that I really do not think that we could get it through on the basis of controversy. Law reform is either by consent or not at all. I think that we can agree to differ about the merits of it.

Lord Mishcon

My Lords, I think that I, too, in view of the fair comments of the noble and learned Lord, owe an explanation to the House. It will be a short one. As I tried to make clear in a Second Reading speech from these Benches, there was great concern expressed in the legal profession and outside it that the Bill that the noble and learned Lord, with his usual capability, was piloting through this House would have removed protection from those who had a monetary interest in the home and who were possibly relatives of the occupier, or who might indeed be disabled people who had contributed to an extension of the house in question.

Because of that removal of protection, amendments were put down and the noble and learned Lord, as he rightly said, was good enough to see me and to indicate that if those amendments were indeed down at the Committee stage it would make it difficult for the Bill to proceed further. I can only comment upon it in the following way. I express my gratitude to the noble and learned Lord for his usual frankness, but I must say that in my humble view it is far better that the Bill should die rather than go on with its imperfections.

The Lord Chancellor

My Lords, is it your Lordships' pleasure that the Bill be withdrawn?

On Question, Motion agreed to.

Bill, by leave, withdrawn.