Charles Flanagan (Laois-Offaly, Fine Gael)

I ask the Minister to give the House a practical example of what he is talking about. It seems we are vesting in the court the power to make an order in respect of, for example, a right of way that may be in dispute and heretofore would have remained in dispute or could not have been clarified because it did not fulfil the requirements of the appropriate common law doctrine. Am I right in saying that in such cases, the court will now be in a position to make a declaration or order not on the basis of any legal precedent or principle, but on the basis of what is deemed to be just and equitable in the circumstances? Perhaps we could be given a practical example of how this might go before the courts, for example, in the event of a right of way dispute.

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