Dermot Ahern (Louth, Fianna Fail)

On Committee Stage I had substantial sympathy with what Deputy Tuffy is trying to address. I may have referred to the fact that when I was on the county council and we were reviewing the development plan I proposed that we would put in a condition that all future planning permissions would not allow trees to grow higher than 6 ft. because there was an exemption on the building of walls up to 6 ft. or whatever. I am not sure what it is today. I was unsuccessful because I was told we could not do that as it would interfere with people's rights on their properties. However there is some justification for examining this.

After Committee Stage we asked the Law Reform Commission drafting group, which is headed by Professor John Wylie, to examine this. It took the view that unreasonable interference with enjoyment of a property right caused by high trees on properties is a matter in any particular case for tort law and, more generally, for planning and environmental law. It stated it was unaware of any jurisdiction which regulated trees and hedges within the land law code, and that is what we are dealing with here. It was saying this is not the appropriate legislation.

The issue of removal of trees or hedges is a tort of nuisance so somebody can seek damages or an injunction in the courts. I thank Deputy Barrett for his acknowledgement of the Small Claims Court procedure but it is not the type of court that would be able to enforce the removal or cutting of hedges because it relates mainly to monetary issues. We are examining the issue of extending the court but more in the sense of monetary claims than anything else. After Committee Stage we contacted not only the drafting group of the Law Reform Commission but raised it with the Minister for the Environment, Heritage and Local Government, Deputy Gormley, drawing attention to the fact that this discussion had taken place on Committee State and suggesting there might be a possibility of dealing with it in planning or local government legislation.

Deputy Tuffy referred to the English experience. I would hazard a guess that they did not deal with the issue of trees in land law but in some local government legislation. While I have great sympathy with the effort on this, my advice, particularly from the Law Reform Commission and my officials, is that this land law code is not the legislation where we should try this. I strongly suggest we raise it in the context of planning or local government legislation the Minister for the Environment, Heritage and Local Government, Deputy Gormley will be bringing through. I will continue to discuss the issue with him as a matter that has arisen in the context of the examination of the Land Law and Conveyancing Bill.

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