Thursday, 25 October 2018

Questions (359, 365)

Niall Collins

Question:

359. Deputy Niall Collins asked the Minister for Housing, Planning and Local Government if he has had discussions with the Health and Safety Authority regarding progress on the review under way of the aspects of legislation relating to the regulation of fairground equipment and funfairs and specific legislative provisions relating to fairground equipment. [44439/18]

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Niall Collins

Question:

365. Deputy Niall Collins asked the Minister for Housing, Planning and Local Government the status of the specific actions taken and progress made since he indicated that his Department is reviewing its role in the aspects of legislation relating to the regulation of fairground equipment and funfairs and specific legislative provisions relating to fairground equipment [44438/18]

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Written answers (Question to Housing)

I propose to take Questions Nos. 359 and 365 together.

Section 239 of the Planning and Development Act 2000 places a statutory duty on organisers of funfairs and owners of fairground equipment to take such care as is reasonable for ensuring that persons at a funfair do not suffer injury or damage by reason of dangers arising from the funfair or associated activities. This legislation also requires that the owner of fairground equipment shall not make it available to the public unless such equipment has a valid certificate of safety. The organiser of a funfair is required to give notice of the event to the relevant local authority and such notice is to be accompanied by a valid certificate of safety.

My Department commenced an internal review process on the issue of safety at funfairs/ fairground equipment last year. One of the issues raised in the review was that the relevant provisions of the Planning and Development Act do not assign responsibility to a specific body to investigate accidents at funfairs. However, it was noted at that time that provisions in criminal justice and in safety, health and welfare at work legislation provide a range of responsibilities and roles for investigation of accidents.

The review of the aspects of legislation relating to regulation of fairground equipment and funfairs in section 239 of the Planning and Development Act 2000, particularly in respect of the specific legislative provisions relating to fairground equipment, is ongoing and includes an examination of international practice in the area of regulating public safety. My Department has met with the Health and Safety Authority as part of this process.

The drafting of the review report has commenced and further engagement with relevant stakeholders is envisaged as part of the process of clarifying issues and preparing the report's conclusions and recommendations.