Michael McDowell (Dublin South East, Progressive Democrats)

Although one can call it the building owner or use the phrase, "builder", we are dealing with one neighbour and another neighbour. One neighbour wants something to happen and is the active neighbour. We do not see any reason a passive neighbour would want to go to court if the active neighbour who wanted to do something did not want to go to court. We do not want a situation where if something is not going to happen and the would-be building owner is not disposed to go to court, in some circumstance he would be brought to court by the passive neighbour who has no proposal in mind to have a matter adjudicated which is almost moot. In light of the Committee Stage debate, I re-examined this amendment but my mind has not changed. I ask the Senator to withdraw the amendment.