Dáil Éireann díospóireacht -
Thursday, 1 Mar 1990

Vol. 396 No. 5

Written Answers. - Road Conditions.

Bernard Allen

Ceist:

74 Mr. Allen asked the Minister for the Environment if he plans to introduce legislation which will enable members of the public to claim from local authorities in accidents involving potholes and other road defects, especially in view of the recent Dublin Circuit Court case against the Commission of Public Works which ruled that city and county councils are not legally responsible for dangerous potholes on the roads because the Government have not signed an order activating recent civil liability legislation.

Minister for the Environment (Mr. Flynn)

Road authorities are liable for damages in respect of misfeasance, i.e. where they negligently undertake work on a public road. They are not, however, liable in respect of non-feasance, i.e. where they fail to maintain a road or to maintain it adequately. Section 60 of the Civil Liability Act, 1961, provided for the abolition of the immunity in respect of non-feasance. However, this section only comes into force when an order has been made by the Government.

The Government have considered the matter and decided that section 60 should not be brought into operation at present because our road network is not yet sufficiently developed to justify the imposition of the additional obligation on road authorities. If section 60 were brought into force, it would place an additional financial burden on road authorities in defending and meeting claims for damages for non-feasance. This would divert resources from road development and simply result in a further deterioration in road conditions.

The question of bringing the section into force will be kept under review.