Arthur Spring (Kerry North-West Limerick, Labour)
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327. To ask the Minister for Justice and Equality her plans to introduce new legislation governing the relationship between the sharers of boundaries and the growth and foliage thereon; and if she will make a statement on the matter. [5501/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Difficulties experienced by property owners arising from the growth of trees, hedges and foliage on neighbouring land were raised in both the Dáil and Seanad during passage of the Land and Conveyancing Law Reform Act 2009. My Department consulted on the matter with the Law Reform Commission and it took the view that unreasonable interference caused in such circumstances was a matter in any particular case for tort law or more generally for planning or environmental law.

In England and Wales, for example, legislation makes provision for local authorities to determine complaints by the owners or occupiers of domestic property who are adversely affected by hedges over 2 metres high. Broadly similar legislation, i.e. the High Hedges Act (Northern Ireland) 2011, came into operation in Northern Ireland on 31 March 2012.

The manner in which problems associated with high hedges and trees are resolved in both England and Wales and Northern Ireland demonstrates a clear preference for the resolution of such disputes at local level, preferably by mediation, with recourse to the courts only as a last resort. This reduces the risk of prolonged and costly litigation, and the further risk that court proceedings could leave a legacy of bitterness between neighbours and ill-feeling in the local community. The introduction of such legislation in this jurisdiction would be a matter for the Minister for the Environment, Community and Local Government and his Department.

Depending on the circumstances of the case, a person may, under existing law, be in a position to seek damages or an injunction requiring the cutting of boundary hedges or trees under the tort of nuisance. In order for the nuisance to be actionable, the person would have to show that an easement existed and that there had been a substantial interference with that right.

Mediation offers a viable, effective and efficient alternative to court proceedings in many cases, including disputes over boundaries and overhanging foliage. It can both reduce the legal costs involved and speed up the resolution of disputes. It is my intention to bring forward a mediation Bill to promote mediation as an alternative to court proceedings. The legislation, which is currently being drafted, will introduce an obligation on solicitors and barristers to advise any person wishing to commence court proceedings to consider mediation as a means of resolving a dispute before embarking on such proceedings. It will also provide that a court may, following the commencement of proceedings, on its own initiative invite parties to consider mediation and suspend the proceedings to facilitate the mediation process.