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Dáil Éireann díospóireacht -
Thursday, 17 Feb 1966

Vol. 220 No. 12

Ceisteanna—Questions. Oral Answers. - Civil Liability Act.

19.

asked the Minister for Local Government the date upon which the Government propose to bring section 60 of the Civil Liability Act, 1961, into operation so as to make local authorities liable for damage caused as a result of their failure to maintain adequately a public road.

This matter is under examination in the light of representations received from a number of interested bodies. At this stage it is not possible to state when the section is to be brought into operation.

Having regard to the fact that the Act is already five years old, will the Minister give any indication as to when he hopes to come to a decision in this matter and if he will state whether it is likely that the date of liability will be long after 1967?

I presume the Deputy is aware that it may not be brought in at all before 1st April, 1967. The rumblings in this matter are such that I would not like to be very dogmatic as to whether it will ever be brought in at all.

Will the Minister bear in mind that hundreds of innocent citizens have suffered serious injury and loss due to traffic accidents arising out of the non-maintenance of roads and footpaths? Their rights ought to be respected as much as the claims that may be made on the Minister by local authorities or by wealthy insurance companies.

One of the real difficulties is that any local authority is regarded as fair game and it would appear that, if they were to come into the arena of legal decisions, they would probably have to pay much more than their share. This is one of the points that local authorities have been putting before me day after day.

Then they should fill up the potholes in the roads.

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