Joanna Tuffy (Labour)

I move amendment No. 26:

In page 34, to delete line 38 to 40 and substitute the following:

"43—(1) Where a building owner and an adjoining owner are in dispute in relation to the exercise or proposed exercise of rights under section 42, either party may apply to the court in a summary manner and the court may give such directions as it thinks fit, and may in particular make an order authorising the carrying out of specified".

I tabled this amendment on Committee Stage. The Minister did not see the need to make this provision. If the builder owner is in dispute with the adjoining owner about the exercise of rights under section 42, he or she may apply to the court. It would seem that in the case of a dispute, either side should be able to go to court. I do not understand why both sides cannot have the ability to go to court to settle an issue under dispute.