James Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 28:

In page 10, between lines 17 and 18, to insert the following:

“PART 4

AMENDMENT OF OCCUPIERS’ LIABILITY ACT 1995

Definition (Part 4)

12.In this Part, “Act of 1995” means the Occupiers’ Liability Act 1995.”.

This group of amendments relates to the Occupiers’ Liability Act 1995 and the duty of care of occupiers. I am proposing to amend a number of sections of the Occupiers’ Liability Act 1995 in line with the Government policy objective of restricting the liability of occupiers. These proposals strike the right balance between ensuring businesses, community groups and organisers of events fulfil their duty of care responsibilities while also acknowledging the importance of personal responsibility of visitors, recreation users and trespassers. The proposed amendments build on a review paper prepared by my Department in February 2021 and subsequently published. The proposed amendments contain the four key elements, which I will now outline.

Amendment No. 28 is a technical amendment that provides the Act of 1995 means the Occupiers’ Liability Act 1995. Amendments Nos. 29 and 30 contain the amendments to sections 3 and 4 of the 1995 Act and have the purpose of including in that Act a number of recent court decisions that rebalance the duty of care owed by occupiers due visitors and recreational users. The amendment to section 3 deals with a common duty of care owed by an occupier to a visitor. The amendment to section 4 deals in subsection (4) with a duty owed by an occupier towards a recreational user in respect of a structure provided for use primarily by recreational users. The duty owed to recreational users in respect of a structure is essentially the same as a duty owed to visitors under section 3. Accordingly, I am proposing an amendment on the same lines as the amendment proposed to section 3 in relation to the recent court decisions.

The amendment in section 4 seeks to clarify and to limit the circumstances in which a court can impose liability on the occupiers of a premises where persons entered onto the premises for the purpose of committing an offence. The amendment provides that it shall be an exceptional circumstance where a court may determine the occupier shall be liable for a breach of the duty not to act with reckless disregard for the person.

The purpose of amendment No. 31 is to insert a new section 5A in the 1995 Act providing for the circumstances in which the occupier may be relieved of liability where the risks are willingly accepted by a visitor or recreational user. Under this new section, it is not necessary for there to be a contract or evidence of other interaction. It is sufficient for the occupier to demonstrate by reference to the words or conduct of a visitor or recreational user that the risk has been willingly accepted. Amendment No. 33 is a consequential amendment to the Long Title. Effectively, through these amendments, we are rebalancing the duty of an occupier and restricting the liability of occupiers under the Occupiers' Liability Act 1995.