Michael McDowell (Dublin South East, Progressive Democrats)

This amendment would make explicit provision in subsection (3) that the court must have overall regard to the interest of the beneficiaries as whole, when dealing with disputes concerning the trustees' performance of their functions as trustees or the other operation of the trust. The amendment also makes it clear that the court is not required to have regard to the matters set out in subsection (3) when considering a dispute concerning the nature or extent of any beneficial or any other interest in the land, as the matters in subsection (3) are not relevant to that type of dispute.