Dáil Éireann Debate, Thursday - 28 November 2013
181. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport the reason the section regarding the Civil Liabilities Act 1961 was never brought into law; what makes local authorities liable for road conditions; and if he will make a statement on the matter. [51106/13]
View answerThe law as it stands is that, as a road authority, a local authority is not liable for a failure to maintain a public road (non-feasance) but is liable for any injury resulting from the negligent repair or maintenance of a public road (mis-feasance). There can also be certain circumstances where a local authority may become liable if made aware of hazardous conditions. Ireland has a uniquely extensive road network. There is approximately 99,000 kilometres of road in the network which represents two and a half times the EU average in terms of kilometres per head of population. The maintenance and improvement of this extensive network of roads places a substantial financial burden on local authorities and on the Exchequer. Accordingly, the consequences of commencing Section 60(1) of the Civil Liability Act 1961 would need very careful consideration and to date no Government has decided to do so.
I would welcome the Deputy’s views on the matter, whether he believes we should commence the relevant sections and if so, how we will ensure that the local authorities and the Exchequer are in a position to address the additional financial burden.
