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Seanad Éireann díospóireacht -
Wednesday, 7 Feb 1996

Vol. 146 No. 3

Adjournment Matters. - Hygiene Facilities in Places of Entertainment.

I welcome the Minister of State to the House. As someone who deals with students, I was glad to hear his response to Senator Cotter's question. The matter which I am raising this evening concerns students and other young people.

The use of illegal drugs in this country is a multifaceted problem and I wish to highlight one aspect which was recently brought to my attention. During the last session of the Seanad I spoke about the immediate health dangers of the illegal but widely used drug Ecstasy, or MDMA. It is widely available and quite cheap to buy. During the last few years there have been several deaths in this country which were related to Ecstasy use and many more young people have become seriously ill after taking it or other "dance drugs" at nightclubs or dance parties.

Most of the deaths appear to be associated with the medical syndrome described as heat stroke. This involves the development of very high body temperatures — over 40 degrees — dehydration, high pulse rate, low blood pressure and blood coagulation leading to kidney failure and death in quite a few of the cases. Apart from the ingestion of the drug, several other factors are important in the development of heat stroke. The young people are usually dancing energetically and the venues are crowded and hot.

We know that taking these drugs is very dangerous but there are some precautions which can avoid really serious problems if people persist in this unwise activity. Students' unions have put out some information about what one should do. For example, avoiding alcohol and drinking plenty cold water is a help. It is very difficult for those involved in running nightclubs and discos or raves to ensure that drugs do not enter the premises and people can take the drug before they get to the venue. However, it is quite easy to ensure a good supply of cold water on the premises.

Imagine my amazement when I was told by young people who frequent these parties that the water in the taps of the hand basins in the lavatories are frequently turned off at the stopcock for the whole night. This means that the dancers have to buy water at vastly inflated prices at the bar. The bar does not make much money because the dancers do not want to buy alcohol, but they have paid an entrance fee. From a purely public health point of view, it is entirely unacceptable that customers are unable to wash their hands after using the lavatories. It is much worse when the lives of those who have unwisely taken drugs are put even more at risk.

From the public health point of view, who is in charge of enforcing legislation which ensures proper hygiene facilities in these venues? I have approached several Departments about this. The health and safety regulations appear to cover the rights of workers. The Intoxicating Liquor Act covers bars and public houses. The special restaurant licence standards of 1988 cover restaurants and other places where food is served. However, what covers venues which one night holds a rave and the next night a concert by Pavarotti? It is not enough to say that it is up to the local authorities. Are environmental health officers involved? Who is supposed to ensure that the water keeps flowing? I am not even insisting that it should be drinking water — because I know that they do not have to make that available — but just clean water so that these potentially lethal situations could be avoided. Clean water used to be freely available at bars — and there was often ice in it — but those days appear to have gone.

I suppose it would be too much to request that the employees of such venues be given some training in first aid, considering the large numbers of customers present on the premises. These venues are supposed to take care of their employees. Would it be possible that they have people on the premises who could recognise that a patron was seriously ill or had taken drugs? Emergency aid in such situations could be essential in preserving life. For example, providing extra ventilation for someone who became ill in an overcrowded room would be of benefit.

A great deal of money is made from the leisure activities of the young. No matter how much we disapprove of it, this sort of activity is taking place and drugs are being taken. We must make all efforts to prevent the taking of illegal drugs. The lethal side-effects of so doing should be publicised. If deaths and serious illness can be reduced by the provision of clean water, it is essential that this be done. Who is in charge of supplying water to hand basins? Who has the power to ensure that the supply of water must be maintained?

I am slightly ashamed to say that I am less surefooted on this subject. However, I have enough knowledge to state that the points raised by Senator Henry are extremely important and even critical. They highlight the extent to which social practice has outpaced the law in Ireland. I am also embarrassed to state that during the short time available to me to consider this matter, it was difficult to discover who holds the responsibility for it. The buck is being passed between various Departments and public authorities. We seem to be closing our eyes to the phenomenon that, as the Senator stated, is taking place in society. Young people are being exposed to certain risks and yet it appears that there is no legislative framework in place to provide the guarantees sought by Senator Henry.

In so far as the matter relates to my Department, it relates to the area of responsibility of my colleague, the Minister of State with responsibility for Labour Affairs, Deputy Eithne Fitzgerald. Unfortunately, she is unable to attend this evening and she asked me to reply on her behalf.

I intend to deal with the responsibilities of the Minister for Labour Affairs for occupational health and safety in all places where there are people at work and provide Senator Henry with the information available to me on the general position in relation to the safety and health of the public in places of public entertainment.

In relation to the responsibility of the Minister for Labour Affairs, the following is the position. Under the Safety, Health and Welfare at Work Act, 1989, the Minister is responsible for the making of regulations in connection with the occupational safety and health of all workers. The Act also established the National Authority for Occupational Safety and Health — the Health and Safety Authority — the body responsible for enforcing these regulations. In 1993 the Safety, Health and Welfare at Work (General Application) Regulations, 1993, were passed into law. These regulations state that suitable and sufficient sanitary and washing facilities shall be made available for the use of employees.

For places of work used for the first time after 31 December 1992, and places of work which undergo modifications, extensions or conversions after that date, section 12 of the Third Schedule to these regulations contains a comprehensive list of the sanitary and washing facilities that are required to be made available for employees. These include, if appropriate, easily accessible and sufficiently large changing rooms, adequate and suitable shower rooms or, if showers are not required, adequate and suitable washbasins and an adequate number of lavatories and washbasins should also be provided.

In addition, the Safety, Health and Welfare at Work (Miscellaneous Welfare Provisions) Regulations, which were signed into law on 21 December 1995, provide that every employer must ensure that an adequate supply of drinking water is provided and maintained at suitable points conveniently accessible to all employed persons. I am aware that this is not the precise point addressed by Senator Henry. However, it seems that the employees concerned have the same rights of access to drinking water during concerts or performances as they have at any other time during the day. I presume that such access ought to be available to anyone.

I must emphasise that the above regulations cover the provision of basic sanitary services and drinking water for workers only. While these health and safety regulations apply to places of public entertainment as places of work, they do not apply to the public.

With regard to the question of the wellbeing of the public while in places of public entertainment, I am advised that the following is the position. Under the Building Regulations, 1991 (S.I. No. 306 of 1991), which are the responsibility of the Minister for the Environment, all buildings built since the beginning of 1992 and older buildings which have changed their use are required to have adequate sanitary and washing facilities. These regulations are enforced by local authorities. It appears that prior to 1992 there was no legal provision for buildings to have adequate sanitary services. I understand that, apart from ensuring that buildings constructed since 1992 have adequate sanitary and washing facilities, there is no monitoring by any public body to ensure that these facilities are made available to the occupants or users of these buildings in the way, for example, that fire officers, who operate out of local authorities, monitor fire safety under the Dance Halls Act, 1935.

I understand that the Minister for Education has issued guidelines on safety in places of outdoor entertainment. These guidelines cover the provision of drinking water and sanitary services at places of outdoor entertainment. However, I am informed that the guidelines are voluntary. I am not aware of any Department or agency which has a statutory obligation to ensure that adequate sanitary facilities are made available to the public.

It appears that the Senator has identified an area which warrants further investigation. Given the responsibilities of the Minister for the Environment under the building regulations mentioned previously, it appears that he is the person best placed to advise the Senator in relation to her concerns. Accordingly, I have arranged that a copy of her motion and my comments will be passed to him together with a request that he reply directly to her.

The Seanad adjourned at 8.40 p.m. until 10.30 a.m. on Thursday, 8 February 1996.

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