Mary Butler (Waterford, Fianna Fail) | Oireachtas source

I am pleased to attend the debate to set out the Government's position on the Bill. I thank Deputy Ó Snodaigh for initiating the Bill, which is an effort to address the difficult matter of disputes that arise between neighbours over vegetation causing a nuisance. The Bill provides for mediation on neighbour disputes and formal adjudication, if necessary, by adjudication officers appointed by local authorities. It provides for the appeal and enforcement of decisions made by adjudication officers.

Many of us in this Chamber, as elected representatives, have come across scenarios or have been asked to assist in situations whereby neighbours are in dispute over trees and hedges that are causing a nuisance. Indeed, in initiating the Bill in the House, Deputy Ó Snodaigh drew attention to a case he had come across in his constituency. The very first representation I ever had was in 2013 and related to overhanging trees. It was from an elderly couple who were afraid that if there was a bad storm, the tree would come down on the roof of their house. I will always remember their distress. They found it hard to sleep on a bad night.

The Deputy mentioned that there are many more pressing issues with which we can deal. However, this is reality and what he is proposing is a common-sense approach. When there is a dispute, common sense can sometimes go out the window. There is no doubt but that disputes can be incredibly difficult and stressful for the parties involved and detrimental to their mental and physical health and well-being. The Bill proposes a formal solution to such issues and is, therefore, well-intentioned. For that reason, the Government has agreed in principle not to oppose it. I agree that when disputes arise between neighbours over vegetation, such as high trees and hedges, on adjoining properties, such disputes may be more appropriately dealt with through mediation. The Bill under discussion proposes to assign such a mediation role to local authorities that may appoint mediation officers independent in the exercise of their functions and refer disputes between neighbours over nuisance vegetation to a mediation officer for resolution to a formal mediation process.

While under the Local Government Act 2001, local authorities have a vital role in representing the interests of local communities in such a manner as they think appropriate, the mediation of disputes between individuals is not foreseen in local government legislation. The proposal to assign such functions to local authorities under the Bill in question is, therefore, novel. It is the case that mediation is increasingly used internationally, as the Deputy said, as a tool for the resolution of civil disputes rather than going through the courts. It is also the case that in Ireland, legislation giving mediation a statutory footing for civil proceedings was introduced by the Minister for Justice under the Mediation Act 2017. The Act came into force on 1 January 2018. It seeks to establish mediation as a viable, effective and efficient alternative to court proceedings, reducing legal costs and speeding up the resolution of disputes.

"Mediation" is defined in the 2017 Act as "a confidential, facilitative and voluntary process in which parties to a dispute, with the assistance of a mediator, attempt to reach a mutually acceptable agreement to resolve the dispute". There are likely a number of existing mediation options available to citizens who seek to resolve disputes with neighbours. While many of them are fee-based, others are free. Independent law centres, such as Community Law and Mediation, CLM, provide mediation services free of charge. CLM has established centres in Dublin and Limerick, and its mediation services are available for a number of types of cases, including for disputes between neighbours and for workplace matters. In 2022, CLM received funding from the Departments of Social Protection and Housing, Local Government and Heritage to support it in its activities. I therefore suggest that mediation services exist for parties who opt to avail of them, with the facilitative environment for same created by the introduction of the Mediation Act. I also note that CLM is only located in Dublin and Limerick.

The Bill proposes that a local authority may appoint adjudication officers who are independent in the exercise of their functions. The Bill also proposes that a local authority shall, subject to any mediation process, refer a dispute between neighbours over nuisance vegetation to an adjudication officer who shall adjudicate in the matter, including to issue a works order. There was no adjudicative element envisaged in the Mediation Act so the assignment of such a function to local authorities would be entirely new, particularly in a local government context. The assignment of such a function would require careful consideration from a civil law viewpoint.

Potential property rights issues arising would also need careful consideration in any progression of this legislation.

I would highlight that the assignment of significant new functions to local authorities for the remediation and adjudication of disputes between neighbours regarding nuisance vegetation would not be core local authority functions. As such, local authorities would be required to build considerable new expertise and capacity. There could therefore be significant staffing and financial resource implications for local authorities. The Bill does not address such matters but Deputy Ó Snodaigh referred to it in his opening statement.

Related to this issue I mention, with regard to dangerous trees, section 70 of the Roads Act 1993, which is under the responsibility of the Minister for Transport, provides:

Where a tree, shrub, hedge or other vegetation is a hazard or potential hazard to persons using a public road or where it obstructs or interferes with the safe use of a public road or with the maintenance of a public road, a road authority may serve a notice in writing on the owner or occupier of the land on which such tree, shrub, hedge or other vegetation is situated requiring the preservation, felling, cutting, lopping, trimming or removal of such tree, shrub, hedge or other vegetation within the period stated in the notice.

Similarly, section 58 of the Communications Regulation Act 2002, under the remit of the Minister for the Environment, Climate and Communications, states an electronic communications network operator, or any person authorised by the operator may lop or cut any tree, shrub or hedge which obstructs or interferes with any physical infrastructure of the network operator. With regard to tall and dangerous trees on local authority property, local authorities, as well as landowners, are responsible for the safety and maintenance of trees on their land.

I thank Deputy Ó Snodaigh for initiating the Bill and the debate. I look forward to hearing other contributions today. The Government has agreed not to oppose the Bill.

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