As the two matters raised by Deputies de Valera and Smith are similar I propose to call Deputy de Valera first to make her statement and then Deputy Smith and the Minister will reply to both Deputies thereafter.
Adjournment Debate. - Equality and Law Reform Matters.
I thank the Chair for allowing me to raise this matter. The law regarding occupiers' liability is archaic. There is an immediate need to reform and update the law. The present law is more in favour of the trespasser than the occupier, so the balance needs to be addressed. Landowners are at present in a legal limbo.
The uncertainty which this law creates has an negative effect on tourism. There is a genuine fear among landowners with regard to personal injuries claims. Notices of "no tresspassing" are appearing on sites of historical ruins, some of which have been excluded from commercial insurance. Other tourist attractions on lands which have been advertised in brochures as being available to tourists are now not so because of farmers' fear of liability. Some tour operators have said that this has already led to cancellations. Immediate interim measures are needed to deal with the 1993 season.
The matter of insurance may have to be dealt with before legislative change. Indemnifying the landowner would give due recognition to his contribution to tourism in the interim. I am told that the Law Reform Commission is to report by the end of April. I am also aware of the commitment in the Programme for Economic and Social Progress and in the Programme for Government on this issue. However, immediate action by the Minister is now imperative.
I wish to thank the Ceann Comhairle for the opportunity to raise this issue and I appreciate the attendance of the Minister, Deputy Higgins, to hear our concerns on this matter.
This question of occupiers' liability is a very serious one. I understand that the previous Government set about remedying the legal deficiencies by referring the matter to the Law Reform Commission, with a mandate to report on possible legal changes. I would urge the Minister and the Government to seek the completion of this report as a matter of urgency and to draft and have implemented the necessary legislation to remedy the defects in the present out-dated law.
Practically everybody is affected by the present unsatisfactory system and I need only instance landowners, the State and sporting organisations.
I come from a county which has always given a very warm welcome to visitors. I am particularly concerned about our tourist angling industry which has been built up over the years by the diligence and attention of the people in the industry and the full co-operation of landowners. The landowners, on whose land access is gained to waterways, have outlined to me in detail their concern about possible litigation and they are very anxious that the necessary legislation should be replaced on the Statute Book without delay.
This issue came home to me very forcefully over the weekend when I learned that a number of angling projects, for which substantial financial provision had been made, are not proceeding at the speed we would wish because of the concerns of landowners on whose property the developments would be sited.
I hope the Minister will be able to fulfil the commitment given in the Programme for Government with an early and comprehensive law reform package.
On behalf of my colleague, the Minister for Equality and Law Reform, I thank the two Deputies for drawing our attention to this important matter.
The law of occupiers' liability concerns the duty of care owned by occupiers of land or premises, towards all entrants onto property, including those who suffer personal injury or property damage during the course of their visits. As Deputy de Valera said, the Programme for Partnership Government 1993-1997 indicates the Government's intention to reform and update the law on occupiers' liability in line with the commitment given in the context of the Programme for Economic and Social Progress. I am also aware of the concerns which farmers experience in relation to their possible liability in law for personal injuries which may be sustained by entrants on to their property and that they feel particularly vulnerable to claims for injury, due to the ever increasing use of their land for sporting and recreational purposes.
However, the law on occupiers' liability is complex and involves a wide range of interests, some of them conflicting. Indeed, efforts in this area will have to be directed towards a resolution of this difficult problem. There are many types of occupiers — farmers obviously, but also householders, industry and business interests, local authorities, even the State itself. There are also different legal categories of entrants, invitees, licensees and trespassers in respect of which different legal duties are owed.
A further complicating factor is that the law on occupiers' liability which, by and large, is contained in the body of common law rather than in statute is currently in a state of transition. There are many issues which relate to the safety standards which those in control of land or buildings should observe in order to safeguard those who come on to their property. There is also the question of the balance which should be struck between the liability which it is reasonable to impose on a landowner and the legitimate interests, among others, of an ever increasing number of individuals who are anxious to participate in the wide range of outdoor pursuits now available.
All land outside the major centres of population is coming under increasing pressure from people using it for social and recreational purposes and, inevitably, those pursuits which contain an active element carry with them the risk of injury. There is also the tourism potential implicit in these leisure activities, to which Deputy Brendan Smith referred.
There is a need for action in this area. However, because of the wide-ranging implications of any changes in this area of the law, it is essential that any action be considered carefully. Hasty and ill considered solutions to complex questions can, in the long run, give rise to even greater difficulties than those which they were designed to address. Because of the need for considered action and the underlying complexity of the legal issues involved this whole question was referred, as Deputy de Valera said, to the Law Reform Commission for examination and report.
The Minister for Equality and Law Reform, Deputy Taylor, is hopeful that the Commission will publish a consultation document on the subject of occupiers' liability at a very early date. Legislative proposals to reform and update the law in this matter will be brought forward in line with the commitment in the Programme for Government. I should say too, in relation to the point made by both Deputies, that I share their sense of urgency. The Minister to whom these matters are addressed is responsible for law reform and there will be no delay in bringing forward legislative change when the Commission has reported. I will convey their anxiety for such other short term immediate measures as may be appropriate to the Minister responsible. I am grateful to the Deputies for drawing attention to these issues.
The Dáil adjourned at 9.5 p.m. until 10.30 a.m. on Wednesday, 7 April 1993.