Ruairí Ó Murchú
Ceist:66. Deputy Ruairí Ó Murchú asked the Minister for Justice if she will provide an update on any progress made on advancing duty-of-care legislation; and if she will make a statement on the matter. [33960/23]
Amharc ar fhreagraTuesday, 11 July 2023
Ceisteanna (66)
Freagraí scríofa
The Courts and Civil Law (Miscellaneous Provisions) Act 2023 was signed by the President on 5 July. The Act amends the Occupiers’ Liability Act 1995, reforming the duty of care legislation - a key insurance reform measure.
I intend to commence provisions of the Act including those in relation to Occupier's Liability in the coming weeks.
These provisions strike the right balance between ensuring that businesses, community groups and organisers of events fulfil their duty of care responsibilities, while also acknowledging the importance of personal responsibility of visitors, recreational users and trespassers.
The amendments, which build on a Review Paper prepared by the Department of Justice in February 2021 contain four key developments:
• they will reflect in primary legislation a number of recent court decisions which rebalance the duty of care owed by occupiers to visitors and recreational users;
• they change the standard to clarify that when the occupier of a property has acted with reckless disregard for a recreational user or trespasser, the standard of reckless disregard rather than that of reasonable grounds should apply in relation to any consideration of liability;
• they limit the circumstances in which a court can impose liability on the occupier of a premises where a person has entered onto premises for the purpose of committing an offence; and
• they allow for a broader circumstance where it can be shown that a visitor or recreational user has voluntarily assumed a risk.
These measures represent a key action under the Government’s Action Plan for Insurance Reform, and underscore the Government's commitment to making insurance more affordable for consumers, businesses and community groups.