asked the Minister for Justice if he is aware of difficulties being experienced by residents' associations in obtaining civil liability insurance in order for them to obtain the benefit of works and developments under the community service order schemes, and if he will ensure that his Department provide an insurance cover so that residents' associations can benefit.
Ceisteanna—Questions. Oral Answers. - Civil Liability Insurance.
7.
(Limerick East): The provision of adequate insurance cover is a matter that any body wishing to have community service work carried out on its behalf must arrange for itself in accordance with Regulation 4 of the Criminal Justice (Community Service) Regulations, 1984.
I am aware that some residents' associations who wished to have work carried out under the scheme were not prepared to pay the necessary premiums to obtain the required insurance. On the other hand, work has been carried out for a large number of voluntary organisations throughout the country, all of whom have been able to obtain adequate public liability insurance as required by the regulation.
The only exception to the requirement to have adequate insurance cover is where community service work is being carried out on behalf of an individual in poor circumstances who could not afford the cost of insurance. In such cases the State carries the insurance risk.
In the circumstances, I am not prepared to change the regulation at this stage.
Would the Minister consider extending the scope to include residents' associations and other groups who have been quoted exorbitant insurance rates? This would enable them to get the full benefit of this scheme for the carrying out of community service work.
(Limerick East): The purpose of the Act is to provide an alternative to imprisonment where offenders can work in the community in a manner which is of benefit to themselves and to the community. The benefit to the community is ancillary to the primary purpose of the Act. There is provision in the regulations for the State to carry the insurance cost if an individual is in poor circumstances. Frequently communities are involved in organising schemes for such things as the decoration of houses for old people or looking after gardens, hedges, fences and painting work. The State will carry the cost in those circumstances. If there is a wider area of concern I am prepared to listen to the representations of the Deputy and see what can be done.
The Minister stated that in certain circumstances the State carries responsibility for insurance. Is it not also true that for public exhibitions and art treasures the Government carry their own insurance? If, for example, the State carries the insurance for third century Chinese horses in Dublin, when they do not move even when struck, is it not strange that the State will not carry insurance for lively hobby horses in community centres throughout the country?
(Limerick East): The question is put so well that it is impossible to reply to it.
They have the facilities — slides, hobby horses etc. — in community centres but they cannot get insurance.
Question No. 8 has gone for written reply. I am calling Question No. 9.
I got no answer. It is the truth, all these places have been closed down because they cannot get insurance.
(Limerick East): The Deputy got no answer because his supplementary had nothing to do with the question. We are talking about community service orders imposed by the courts. We are not talking about sea-saws, swings and hobby horses.
Would the Minister regard it as an obligation on his part, as a Minister of the Government, to see to it that money expended on community centres is used in such a way that the community will benefit? Would he agree that the community cannot benefit if these places cannot get insurance?
(Limerick East): That has nothing at all to do with the question.
It has everything to do with the question.
Would the Minister please reply to Question No. 9?