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Dáil Éireann debate -
Thursday, 10 Dec 1942

Vol. 89 No. 2

Ceisteanna—Questions. Oral Answers. - Fire Damage.

asked the Minister for Industry and Commerce whether he is aware that, as the law stands at present, persons on whose premises a fire occurs are held liable to make satisfactory recompense for all damages occasioned by such fire, where such premises are not a dwelling-house, a chamber therein, or an outhouse thereof; and whether the Minister will introduce proposals for amending the law so as to afford exemption from actions under common law to the occupiers of such premises; and whether the Minister will make such amending legislation retrospective with the least possible delay.

Following a recent decision of the Supreme Court, the legal position in this matter would appear to be as indicated in the first part of the Deputy's question. The introduction of amending legislation in the sense suggested in the latter part of the question is under consideration. I could not, at this stage, anticipate the precise terms of such legislation.

The Minister is aware that, as the law stands, and in face of the decision which has been given—and it was a majority decision—every person holding any sort of business premises would be practically bankrupt, because no person living in a business premises could form a reserve sufficient to govern all possible risks.

I do not think the Deputy's suggestion concerning the attitude of the insurance companies is entirely correct.

Will the Minister take steps to have the law amended?

I have replied to the Deputy's question.

I should like to impress on the Minister that there is great need to have that done as quickly as possible.

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