Dáil Éireann Debate, Thursday - 9 February 2017
9. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the statutory role the Health and Safety Authority has in ensuring the health and safety of users of fairground equipment; and if she will make a statement on the matter. [6321/17]
View answerMy question relates to the remit of the Health and Safety Authority, HSA, in respect of funfair and fairground equipment. The funfair business is a huge industry which affects many communities as the operators move from town to village, and there are major implications for the health and safety of children arising from its activities. Does the Minister have any plans to review the role of the HSA in this regard?
I am pleased to have an opportunity to address this important question. Public safety as regards fairgrounds and theme parks is regulated by the Planning and Development Act 2000, which requires the owners of fairground equipment to have a valid certificate of safety under the aegis of the Department of Housing, Planning, Community and Local Government. The Minister, Deputy Coveney, is currently reviewing issues in regard to safety at funfairs, theme parks and community events. I look forward to the outcome of that review.
The Health and Safety Authority, which is under my remit, is the national statutory body with responsibility for ensuring the provisions on workplace health and safety set out in the Safety, Health and Welfare at Work Act 2005 are implemented so that those affected by work activity are protected from work-related injury and ill health. The 2005 Act places a range of duties on undertakings and individuals to ensure, as far as reasonably practicable, the safety, health and welfare at work of employees.
The authority does not have any statutory responsibility for ensuring the health and safety of users of fairground equipment. Nor does it have any role in the regulation of public safety where the operation of funfair equipment used by members of the public is concerned.
Last week, RTE's "Prime Time" reported on an individual whose serious injury was allegedly sustained on a roller coaster at an Irish funfair attraction. The report outlined the inadequate statutory provisions relating to the capacity of the HSA to investigate the incident. Has the Department initiated a plan of action to address this serious issue? In the United Kingdom, there is a large body of documentation setting out guidance on safety practices at fairgrounds and theme parks, which we do not have here. If we look at best practice abroad, there is clearly a gap between the standards applying in this State and what is being done in other jurisdictions. Do we have to wait until somebody dies or will the Department move to address this matter? Is the Minister of State aware that my party has published legislation which seeks to address concerns in this area?
I am aware of that legislation and look forward to reading it. The Deputy is correct that there is a gap in this area which needs to be addressed by all concerned. There are two relevant items of legislation here, namely, the Planning and Development Act 2000 and the Safety, Health and Welfare at Work Act 2005. As I said, the Minister, Deputy Coveney, has initiated a review of the planning legislation. We sympathise with all those involved in accidents of this nature. Theme parks did not really feature when the legislation was introduced. I have written to the Minister, Deputy Coveney, and asked him to bring on board officials in the labour relations section of my Department and the HSA so that we can work together to see what can be done. These issues are relevant to other settings such as sports events and other public events. I expect to hear from-----
The Minister of State is over time, but he will have another opportunity to respond. I appeal to all Members to abide by the rules.
Local authorities are not capable of overseeing safety regulations in funfairs or theme parks. They need to focus on building housing and tackling homelessness. It is a pity they did not adequately oversee building standards when they should have done. I reiterate that this is a huge industry and our eyes have been off the ball for too long. It is particularly urgent given it is children who are most at risk. We have a range of policies on child welfare, including Children First and all that goes with it, and it is important we close this gap without delay. I hope our proposals will be brought to the House in the near future. I am asking the Minister of State to bring a degree of urgency to addressing this matter. Will he agree to meet representatives of the Irish Showmen's Guild, which is the representative organisation for funfair and theme park operators?
As Minister of State with responsibility for health and safety, I share the Deputy's concerns in this matter. That is why I have written to the Minister, Deputy Coveney, asking him to address the review of section 289 of the Planning and Development Act in an inclusive way which allows for input by my departmental officials and the HSA. We must work together to find a solution that addresses the concerns raised by the Deputy.
As the Deputy will be aware, the operator has to get a certificate every year and there are nominated engineering staff who provide that through the local authority.
There is a gap and it will be addressed. I am treating it as an urgent matter. I assure the Deputy it will be dealt with. I will keep the Deputy and the House updated on recent accidents. As the Deputy states, there are many funfairs, events and festivals all over the place. Accidents can happen and we need to deal with it.
