asked the Minister for Justice the steps he proposes to take to give redress to motorists who suffer personal injury or damage as a result of animals trespassing or straying on the public highway; and if he will give details of the legislative measures he proposes to bring forward and the statutes he proposes to amend.
Ceisteanna—Questions. Oral Answers. - Straying Animals Road Hazard.
16.
In their first programme of work laid before both Houses of the Oireachtas in January, 1977, the Law Reform Commission undertook to examine the present state of the law in relation to liability for injuries or damages caused by animals. This examination will cover, among other matters, the specific question of liability for injury or damage caused by animals trespassing or straying on the public highway.
I understand that the commission hope to publish in the near future a working paper on the subject which will include recommendations for re-form of the law. Until such time as the commission's recommendations have been examined I will not be in a position to make any decisions on the matter.
Does the Minister consider it is right that the onus to prevent animals from straying on the public road rests on the owner of the animals and, that being so, does he not regard it as unjust that the motorist not alone cannot recover damages but must himself pay for any damage that occurs to animals?
It is a very important area and one which must be given consideration. I am sure this will be considered by the Law Reform Commission.
I remember this being raised 12 years ago.
Order.
Could the Minister say where exactly the responsibility for straying animals rests? Does it rest with the Department of Justice or with the local authorities? There is not a practical approach. I want the Minister to know that I am concerned about large areas of County Dublin which are rapidly developing and in which there is no man's land, so to speak, land which has been acquired by the corporation or the county council. People simply put their animals there and they wander on to the roads doing damage of all sorts, apart from causing accidents. Can the Minister say exactly who is responsible?
I would respectfully suggest to the Deputy that this is an entirely separate question from the one I have been asked. I should be glad to deal with it if the Deputy would put it on the Order Paper.
Is the Minister aware that this is a very serious problem? Wandering horses have been responsible for fatalities on our roads. I am not interested in cars; they are material things and can be replaced. This is a serious matter which requires urgent attention.
The Deputy is giving information instead of seeking it.
I am very interested in this matter and that is why I put down the question. Wandering horses are a hazard on our roads and the Minister responsible must legislate effectively to get rid of this problem.
I am calling the next question. Question No. 17.
This is the third time I have tried to speak.
There are other times for speaking. This is Question Time. I have been very lenient with the Deputy because he is a new Deputy. He cannot get up at Question Time and make a speech. It is not permitted and the Chair is the sole judge. Standing orders are explicit on this matter and I will have to rule accordingly.
I think the Deputy is dealing with the wrong question. His own question is a little further on.