Michael McDowell (Dublin South East, Progressive Democrats)

I appreciate the problem raised here. The cupressus leylandii used in suburbia can create mayhem for an adjoining owner. The law is unsatisfactory because one does not have the right to instruct another to keep a leylandii hedge to a reasonable height. I am sympathetic to the purpose of this amendment which is designed to give a real remedy to a person in that position. This, however, is not the correct Bill in which to deal with this issue.

The phrase "grown or maintained" in the text of the amendment could give rise to terrible disputes. For example, if there is a 100 foot high beech tree growing on a person's land people could say they are afraid it will fall on their houses or that it interferes with their view. The real issue is to find a legislative vehicle to deal properly with the problem Senator Tuffy has raised. It would be better to enter this provision in some planning Bill than in the Land Law and Conveyancing Act. Many issues arise, because apart from the cypress hedge it applies to fully grown trees. I suggest therefore that the Oireachtas examine this genuine issue in some other context.