Dáil Éireann debate -
Thursday, 15 Dec 1977

Vol. 302 No. 10

Ceisteanna—Questions. Oral Answers. - Highway Maintenance.

13.

Mr. Enright

asked the Minister for the Environment if he is aware of the public anxiety and concern over the failure of local authorities to maintain public highways to a sufficient standard of safety and that persons or their dependants injured or killed in accidents on such highways resulting from such failure on the part of the local authorities to maintain the roadways have no legal redress or action against the local authority; if so, the action he intends to take to rectify this situation; the policy of his Department in relation to persons injured on public highways as a result of the failure of the local authority to maintain the roadway; and if his Department will compensate people injured in such accidents.

14.

Mr. Enright

asked the Minister for the Environment when the Government intend to make the necessary order whereby a road authority shall be liable for damage caused as a result of their failure to maintain adequately a public road, and whereby section 60 of the Civil Liability Act, 1961 will be brought into operation; and if he will make a statement on the matter.

Mr. Lenihan

I propose, with the permission of the Ceann Comhairle, to take Questions Nos. 13 and 14 together. The upkeep of public roads is the responsibility of the local authorities and I am satisfied that the service being provided by them is generally satisfactory. I do not propose at present to recommend to the Government that an order to bring into operation the provisions of section 60 of the Civil Liabilities Act, 1961, should be made.

Mr. Enright

Is the Minister aware that in 1961 the Government of which he was a member brought in this Act containing a section which abolished the non-feasance responsibility of local authorities, that this section of the Act was to be brought into being not before 1st April, 1967 and that it still has not been brought into being? What does he propose to do about it?

Mr. Lenihan

This is a matter again on which there are two points of view. As against bringing it in you have the weight of opinion of the Association of Municipal Authorities, the General Council of County Councils and the City and County Managers' Association. The local authorities throughout the country are against bringing in this on the basis of the potential burden that it would add to them in regard to liability.

Mr. Enright

Would the Minister explain what point of view you can give to a woman who finds herself, her husband or child seriously injured through the neglect of a local authority to repair a road? Surely the Minister will agree that arising out of this we have a scandalous situation which can be called nothing but criminal negligence on the part of our local authorities in not being responsible for repairing and maintaining the roads.

An Ceann Comhairle

That is a statement. We are trying to get away from these long statements. I am calling the next question.

Mr. Enright

I want a reply from the Minister.

Mr. Lenihan

There are two points of view on this obviously. The point of view taken by this Government and the previous Government is that the local authority's interest is important in regard to local authority finance. It is as simple and as straightforward as that. You are opening an extra avenue of litigation.

Mr. O'Keeffe

The Minister appears to be protecting the local authority. Would he not consider that the ordinary citizen requires protection? Is he not aware that the principle of non-feasance has been abolished in the United Kingdom for some time past.

Mr. Enright

Since 1964.

Mr. O'Keeffe

If the Minister is satisfied, as he said in his reply, with the conditions in which the local authority leave the roads, why not introduce this section? It has been on the Statute Book for 16 years.

An Ceann Comhairle

A question, without argument.

Mr. Lenihan

As I said initially, it is a matter on which there are two points of view. I will bring the matter to the notice of the Minister. As a lawyer I appreciate fully the point of view involved.

Mr. Enright

Is the Minister aware from his own knowledge that in Britain this Act came into effect at the same time as our own, in 1961, and this section was brought into operation in Britain in 1964? We are one of the few countries in the western world with local authorities who have no responsibility for injuries suffered by any person because of their failure to carry out their duty. Is the Minister aware of that?

Mr. Lenihan

I am aware of all the Deputy is saying. He does not have to tell me that. It does not necessarily mean we have to follow because everyone else is doing it. We have to look after our local authorities and make sure they have the required finances to engage in useful works.

Mr. O'Keeffe

Does the Minister not want to look after innocent individuals?

Mr. Enright

Would the Minister not agree that the insurers for local authority and local authority officials have managed to exert sufficient muscle to ensure that people are deprived of their rights? A person of that nature has no right whatever in any court in Ireland. Is not that a criminal situation?

An Ceann Comhairle

Question No. 16.