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Dáil Éireann debate -
Thursday, 19 Mar 1981

Vol. 327 No. 11

Ceisteanna — Questions. Oral Answers. - Fire Prevention.

6.

asked the Minister for the Environment the amount of the grant which his Department is allocating this year to the Fire Prevention Council.

Provision has already been made for payment of a grant of £52,500 from my Department's Vote to the Fire Prevention Council in 1981 which will be matched by a contribution of a similar amount from the Federation of Insurers in Ireland. This does not include the cost of the activities of the special task force, headed by the Chairman of the Fire Prevention Council, the setting up of which I announced to the House at columns 1990 and 1991, volume 326, of the Official Report of 18 February 1981. The activities of the task force will be funded entirely by my Department.

Could the Minister say whether the allocation he mentioned matches the original allocation sought by the Fire Prevention Council?

The Deputy will be aware from his vast experience in local authority administration that it is very seldom that what is looked for is actually secured. However, the £52,500 being matched by the Federation of Insurers in Ireland will be more than adequate to meet the needs of the Fire Prevention Council.

I did not ask for a smart Alee answer. I asked for information. Can the Minister say whether the allocation which he has made matches the allocation sought by the Fire Prevention Council and, if not, the extent of the shortfall?

I am satisfied that the allocation being made will meet the programme of work that the Fire Prevention Council have on hand this year.

My question has not been answered. How much did they look for? The Minister has not answered either of my questions.

Would Deputy Quinn ask a supplementary?

I was aware that Deputy Boland's question had not been answered and I was going to ask from this side of the House, lest it was not heard accurately from that side of the House, how much the council asked for.

I have not got the exact figure in front of me in my brief.

Is the Minister saying that the essential information is not in the brief?

I have answered the question, yes.

A final supplementary from Deputy Boland.

Is it true that the Fire Prevention Coucil sought a budget of £146,000 for this year and that the Federation of Insurers in Ireland indicated their willingness to pay half of that budget but they were told by the Minister's Department that the maximum they were prepared to fund was a 5 per cent increase on last year's budget?

There is a 5 per cent increase being granted on this from last year's budget.

The Minister has made no attempt to answer any of the supplementary questions which he has been asked.

7.

asked the Minister for the Environment whether local authorities are entitled to close immediately premises which fail to meet the requirements of their fire officer.

Under section 7 of the Fire Brigades Act, 1940 local authorities are empowered to serve a fire precautions notice on the proprietor of a potentially dangerous building requiring him to refrain from using the building or a specified part of it for any purpose specified in the notice either absolutely or until specified precautions are taken to the satisfaction of the local authority. There is provision for an appeal within fourteen days to the District Court which may confirm, modify or annul a notice. No appeal lies from a decision of the District Court. A fire precautions notice does not take effect until after fourteen days have elapsed or until an appeal to the District Court is decided.

There may also be cases in which the powers available to local authorities under other enactments would be appropriate, including in particular, the provisions of section 27 of the 1976 Planning Act under which the planning authority, or any other person, may apply to the High Court for an order to prohibit the continuance of an unauthorised development or unauthorised use.

Is the Minister saying that local authorities cannot immediately close premises deemed to be unsafe by their fire officer under existing legislation?

They cannot immediately, no, but, as I have answered to the Deputy, they can give a fire notice and within 14 days, unless the notice is appealed through the District Court, then they close. However, it would be fair to assume that the Deputy's question might have referred to a communication that I forwarded to the local authorities with regard to inspection rather than closure. Immediate inspection was what I understood.

Did the Minister announce recently that he instructed all local authorities to close immediately any premises which did not meet the requirements of their fire officer? Has the Minister now confirmed eventually that the local authorities do not have that power? That being so, what steps does he intend to take to amend the legislation to give them that power?

The notice to the local authorities stated:

The Minister considers that any such premises which fails to meet the local authority's fire safety requirements should be closed, using existing powers ...

The existing powers are provided in section 7 of the Fire Brigades Act, 1940.

That is the letter. What is in the telegram?

I will read the telegram for the Deputy. It said:

Arrangements should be made for immediate inspection of all potentially dangerous buildings, such as dance halls, discotheques, night clubs, and other places of public entertainment in which large numbers of people may be placed at risk in the event of fire. Any premises which fails to meet requirements should also be closed using existing powers pending the taking of remedial measures. Department circular letter will follow.

That went to each county manager and assistant county manager. I am sure the Deputy will join with me in congratulating the local authorities for the way they responded to that request. In a random survey of the councils by telephone this morning as to how effective they have been——

No, I do not.

——I am delighted to be able to tell the House that, for example, in Kerry virtually all places pf public resort were inspected. Some need a second inspection. Last week 90 premises were inspected, over 50 stiff warning letters were issued and one fire precautions notice was served. The situation is similar in Cork and in Kilkenny. One hall has been closed by agreement. The same applies in Galway. In Mayo, 14 fire precautions notices were served and only four have been appealed. In Wexford the situation is again the same, of the local authority responding and responding magnificently. I take this opportunity today to thank the local authority staffs throughout the country for the work which they have done.

I did not ask the Minister what the local authorities were doing. I asked what he was doing to remedy the inadequacy of the legislation. Is the Minister not aware that local authorities do not have the power to close immediately potentially dangerous buildings, contrary to the misleading press statement which he issued at the time he sent the telegram to local authorities? Is the Minister aware of that fact and what steps does he intend to take to remedy that situation forthwith?

I am sorry that the Deputy misread the press statement. The question of the situation with regard to the change in the fire laws generally is further on in the clár today and I shall be answering with regard to the action being taken on a new Bill.

Arising out of the Minister's detailed supplementary reply describing the actions taken by various local authorities, are his Department not now very concerned at the enormous number of apparent irregularities which appear to have emerged as a consequence of this instant inspection? In view of the fact that he has not announced any proposals to change the legislation and that quite a number of these premises still remain open, does the prospect of another disaster or danger still hover over this country if the state of places of public entertainment appears to be as dangerous or the people involved as remiss as these inspections have revealed?

I have already said that I shall be answering the question with regard to the change in the legislation later on today. I am concerned, as everybody should be, about the condition of some of those buildings.

A final supplementary from Deputy White.

The Minister is, of course, aware that a serious fire took place eight months ago in Bundoran. After that fire why was such action not taken?

There is a question also on the Order Paper today with regard to Bundoran.

The Taoiseach lives in Artane. That is why.

There were ten people burned to death in Bundoran and there was no action taken.

Question No. 8.

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