Dáil Éireann debate -
Wednesday, 31 May 1995

Vol. 453 No. 7

Written Answers. - Occupier's Liability.

Willie O'Dea

Question:

60 Mr. O'Dea asked the Minister for Arts, Culture and the Gaeltacht if his attention has been drawn to the fact that certain State agencies are directing members of the public through private property to view national monuments and other items of historical importance which are either on private property or which can only be accessed through private property; if his attention has further been drawn to the fact that under the terms of the Occupiers' Liability Bill, 1995, the owners of such property can be held liable for any injury sustained by such visitors whilst on the property; and if he intends to compel the State to indemnify such property owners. [7886/95]

Minister for Arts, Culture and the Gaeltacht (Mr. M. Higgins)

I am not aware that any agency under my aegis directs the public to cross land which is in private ownership so as to gain access to national monuments.

National monuments are part of our heritage and have always been visited by members of the public. With the growing public interest in our heritage, it is understandable that the viewing of national monuments on private property and access through private property should cause some unease among landowners concerning responsibility for any injuries which the public might sustain.

It is in all our interests that access to national monuments should not be constrained by unnecessary fears about potential liabilities and the Occupiers' Liability Bill introduced by my colleague, Deputy Mervyn Taylor, Minister for Equality and Law Reform, is intended to deal with, inter alia, this issue.

Contrary to what is implied in the Deputy's question, the Bill, when enacted, will increase the protection for occupiers of land against claims by trespassers and recreational users while ensuring that recreational use of land is facilitated to the widest extent possible.