Aengus Ó Snodaigh (Dublin South Central, Sinn Fein) | Oireachtas source

I will start where the Minister of State finished. This legislation was drafted in advance of the Mediation Act, but that is not to say that it should end because the Mediation Act has passed. There is a need for mediation and in fact the local authority in the city here often acts as a mediator where there is an antisocial tenant or a row between neighbours, especially in an estate that it controls. The problem is when it is a private estate but it could be a mixed estate. There are issues. If a tree is on a council property, it is a lot easier because people can go to the council and it will often act and address the issue. In the main, we are dealing here with private tenancy and the Minister of State is quite right that there is the whole question of private property.

When we were putting together this legislation, we looked at the common law jurisdiction in England and how it was approached there. It works well in England. By its very nature, the fact that the law is in place allows quicker resolution. People do not even want to go into mediation; they just want the matter dealt with. People can then find out quite quickly what it is that has an individual so tied up with a particular tree. It might have been planted in memory of somebody. It might be that the person does not have the wherewithal to address it or does not see the issue.

A number of approaches were made to me asking that I look at this. Since I published the Bill, people have been asking me about its progress. They feel it would be ideal and they would be able to point to the legislation and get a maintenance company, landlord or tenant to address it. Only last month, a constituent wrote to me asking if I could help resolve an issue regarding overgrown trees at the back garden of an elderly lady's house in Crumlin. There are two large trees in the back garden and this property is at the back of the house of an 80-year-old woman. The trees block out the light, while the fallen leaves, conkers and bird droppings are a constant slip hazard for this elderly woman. She does not wish to be named. She has approached the local council and it says it cannot do anything; it can ask politely or request but it cannot force the issue.

Another issue I dealt with and which, thankfully, was resolved was the imposing height and overhang and the depth of private trees at the boundary wall to another property. The reduction of natural light meant the occupier had to have lights on in the house more often, especially during winter time. A tree surgeon indicated that the height of the tree was 50% over what it should be. This case was not in my constituency but it suggests it was a very tall tree, and not appropriate for a city.

Deputy Ó Murchú referred to trees. People love trees in their garden. They look fine, especially when we see all these programmes on the television now where people have all these beautiful little gardens. They must not have kids if they have those garden so nicely laid out because kids really run amok. Those are nice dainty trees. Trees do not stay dainty.

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