Dermot Ahern (Louth, Fianna Fail)

Deputy Crawford has more or less confirmed the view I have expressed that this is not the Bill in which we should be dealing with this issue which is really one for local government. People on private property are entitled to cut overhanging trees. That is not the issue in this instance which addresses the height of trees. The issue to which Deputy Crawford refers appears, in the first instance, to be one for local authorities which have the responsibility to maintain the highways and byways to ensure they are clear. Regardless of what legislation contains such a provision, in order to enforce a right an individual would need to take proceedings. It is a matter of including it in the correct legislation. I would hazard a guess that it is an environmental or planning issue. I will undertake to raise the matter with the Minister, Deputy Gormley, in order to include it in some impending legislation. However, I suggest the Deputies raise it directly with the Minister for the Environment, Heritage and Local Government. It is not one that would sit easily in a Bill dealing with land law and rights. It is one regarding the regulation of planning and environmental aspects, not for civil law. Deputy Tuffy mentioned that the British Government had tacked it on to legislation dealing with anti-social behaviour which is dealt with here in criminal law legislation. Mentioning the height of trees in criminal law legislation would not sit easily either. It is a matter that should be taken up with the Minister, Deputy Gormley, as I have done.

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