Joanna Tuffy (Labour)

I move amendment No. 27:

"46.—In page 35, before section 46, but in Chapter 3, to insert the following new section:

Where a person complains that trees or hedges grown or maintained by a neighbouring owner are of such a height as to constitute an unreasonable interference with any easement enjoyed by the complaining owner, or unreasonably interfere with light whether or not an easement exists in that regard, the person may apply to the court which may make such order, including an order directing the neighbouring owner to remove or reduce the height of any trees or hedges.".

We have tabled this amendment after consulting legislation in the United Kingdom to control the problem of high hedges or trees. I have encountered this issue in my role as a public representative, as I am sure has the Minister. A person who raises this issue with a neighbour or the local authority must depend on the neighbour's good will. While court should be a place of last resort if the complainant has the possibility of going to court, as in other cases of nuisance, that can pressurise the neighbour into resolving the issue.

We are trying to find a way to give a person in this situation the legal ground to ask his or her neighbour to deal with the problem. Elderly people have often raised this issue with me because they are not able to persuade their neighbours to do something about a situation that causes hardship to those elderly people. What does the Minister think of our proposal?