HL Deb 16 February 1978 vol 388 cc1532-3

4.14 p.m.

Lord MELCHETT rose to move, that the draft Property (Northern Ireland) Order 1978, laid before the House on 18th January, be approved. The noble Lord said: My Lords, this order implements some of the recommendations made in 1970 by a working party on land law in Northern Ireland, under the chairmanship of Professor Sheridan. Although over the years land law in Northern Ireland has been brought more into line with the law in England, Northern Ireland law is still roughly equivalent to the position in England before the Birkenhead legislation of 1925.

The Law of Property Act 1925 and the Settled Land Act 1925, both of which form the basis of modern English land law, together with the other relevant British legislation, were carefully studied by the working party against the background of the special historical characteristics of Irish land law. The working party's very technical report contained 157 recommendations. If implemented, these recommendations would result in a major and radical change in the system of land law in Northern Ireland.

We have not yet reached any decision on some of the major reforms suggested in the report. In the meantime, this order will implement some important and practical changes which can come into operation immediately, and which are independent of the report's major recommendations.

The changes in the order fall into two groups. First, the order gives the Lands Tribunal for Northern Ireland certain new powers and, secondly, the order deals with transactions where the same person acting in different capacities takes part on both sides. While these are minor changes, the order will deal with areas where the existing law is unsatisfactory. The order represents a first step towards the modernisation of Northern Ireland land law, and I commend it to the House. I beg to move.

Moved, That the draft Property (Northern Ireland) Order 1978, laid before the House on 18th January, be approved.—(Lord Melchett.)

On Question, Motion agreed to.