Joanna Tuffy (Dublin Mid West, Labour)

I move amendment No. 20:

In page 40, between lines 10 and 11, to insert the following:

48.—Where a person complains that trees or hedges grown or maintained by a neighbouring owner are of such a height as to constitute an unreasonable interference with any easement enjoyed by the complaining owner, or unreasonably interfere with light whether or not an easement exists in that regard, the person may apply to the court which may make such order, including an order directing the neighbouring owner to remove or reduce the height of any trees or hedges.".

This amendment was also tabled on Committee Stage and, as I recall, I raised the issue in the Seanad. We had a good discussion on this at the Dáil select committee, about leylandii hedges, and what a big issue that is for people, because they are so fast-growing, especially if neighbours are not happy about it. This is not dealt with by legislation, although it is an issue that often comes up regarding the issue of public works. It is not solely concerned with leylandii hedges. Other types of hedges, trees and so on are often the reasons why public representatives are contacted by residents who may be distressed because of neighbours' vegetation growing into their property. It is overgrown to such an extent that it affects the resident's enjoyment of his or her own property. Very often the type of people who contact one about this issue are older people who feel they cannot take on their neighbours themselves. As public representatives there is very little we can do on their behalf because it is a civil matter.

There is legislation in the UK to deal with this issue, whereby an order can be issued asking somebody to cut their hedges and if it is not obeyed the people concerned can be fined up to £1,000 and a further £50 for every day they defy a court order. This is covered in the recently published diaries of Mr. Chris Mullin, MP. He was the Minister of State who introduced this legislation in the UK. In his diaries he talks about how he quickly grasped that, being the lowest form of life in such an enormous Department, the Department of the Environment, Transport and the Regions, he was unlikely to have much influence. He therefore decided to concentrate on a couple of issues, and this is one of them. He talked about how leylandii hedges had become the scourge of middle England and he set out to bring in this legislation.

This is a serious issue and it would be a positive thing to bring in this legislation because it would send the signal to people who allow their gardens to get out of hand to be more considerate of their neighbours. That is what this legislation would be about. If matters got really bad people would have recourse to the courts. Mr. Mullin talked about how the fast-growing leylandii tree had become a "weapon of war" and neighbours who for years had lived peacefully alongside each other suddenly found themselves locked in mortal combat.

The Minister felt strongly about this on Committee Stage and there is much he can do as Minister for Justice, Equality and Law Reform, much more than Mr. Mullin could achieve. He might consider doing something about this issue and possibly supporting the Labour Party amendment or coming up with an alternative amendment.

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