John Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

I thank Deputy Butler who is right in her comments about her own experience of Tramore which is in her constituency. When I was young, which seems like a long time ago, for many in south Kilkenny Tramore was the hurdy-gurdies and it remains true to this day. I also thank Deputy Collins for drafting this Bill we are discussing this evening. It shines a light on the very important issue of public safety at funfairs and, indeed, at outdoor events generally. To highlight such matters is worthy at any time but all the more so at this time of year as we enter the summer season when hopefully, Irish weather permitting, we get the chance to attend and enjoy more of such events in comfort and safety. The Government does not wish to oppose this Bill this evening - in fact, the Department has been engaged on this subject for some time now. We are carrying out a review of safety at funfairs at the moment, a process which I expect to be finalised and reported on within the next few months. This is ultimately likely to be part of a broader examination of public safety at outdoor events involving my Department, the Department of Business, Enterprise and Innovation, and other key players. It is against this background and context that I will now speak on to the specific matters raised in the Bill.

A key aim of this Bill is to impose a duty of care for public safety on funfair operators as well as a duty to maintain fairground equipment in a safe condition. This is an objective the Government stands fully behind. It is important to reassure people as they head into the summer that the current safety regime places significant obligations on funfair operators and equipment owners already. However, like all systems and processes, safety at funfairs needs to be reviewed and improved if necessary.

A second key focus of the Bill is that it proposes that the HSA would be responsible for ensuring compliance with the proposed duties on funfair operators. It would provide that the HSA use its full powers of inspection, enforcement, and investigation in respect of public safety at funfairs, as well as in regard to employee safety, which is the primary objective of the HSA at present. The issue of appropriate and adequate inspection, enforcement and investigation by a competent body is a key consideration of the current review. I again point out that the issue of funfair safety fits within a broader public safety landscape, involving several Departments and pieces of legislation. Furthermore, there is an extensive historical background to the development of safety at public and sporting events both in Ireland and internationally. This clearly points to the need to locate safety at funfairs within broader policies and regimes governing public safety at events.

I have some concerns that the Bill is only seeking to amend one of the statutory regimes dealing with safety at funfairs. There are key provisions in the planning Acts, which were, in fairness, referenced by Deputy Butler, that govern funfair equipment and notifications. I am not sure if it was a deliberate omission or a considered approach, but I would say that it is a considered approach based on the Deputy's comments. While I recognise the relevance of the expertise and experience of the HSA, given the Bill’s intention to increase the operational remit of the HSA, has the Deputy considered whether this could have unintended consequences for the HSA’s core existing work?

On the specifics of the Bill, I note there is effectively a checklist of requirements in respect of what would constitute reckless disregard, rather than proper care and attention, by funfair operators. My initial reaction to these particular provisions is that they do not fit well with the general legislative approach taken on matters such as these. As a result, I have some reservations about this aspect. However, ultimately, whether we would support these will depend on the results of our own review of the current safety regime, which I will talk about shortly in a little more detail and on the legal advice.

For the avoidance of doubt, I want to be clear that there is currently a safety regime governing funfairs in Ireland. Section 239(2) of the Planning and Development Act 2000 currently places a statutory duty on organisers of funfairs and owners of fairground equipment to take such reasonable actions to ensure that persons at a funfair do not suffer injury or damage because of dangers arising from the funfair or associated activities. Section 239(3) sets out the personal responsibility of each of us to take care of both ourselves and children in our care when attending funfairs and using funfair equipment safely. We have a duty to be careful, not reckless, or to do things to put ourselves or others at risk. This regime is intended to ensure that everyone who attends and enjoys these events can do so in a safe and secure way.

Section 239(4)(a) of the Act also requires that the owner of fairground equipment shall not make it available to the public unless such equipment has a valid certificate of safety. Further, the organiser of a funfair is required to give notice of the event to the relevant local authority and such notice is to be accompanied by a valid certificate of safety. In circumstances where the provisions in respect of notice and valid certificates of safety have not been complied with, section 239(8) of the legislation provides that the relevant local authority may serve notice requiring the cessation of the fairground-funfair operations. Failure to comply in this regard is an offence.

In recognition of the public safety concerns highlighted in 2017, the Department initiated a review of the provisions of section 239 on the control of funfairs. The review is also examining the issue of public safety at funfairs and theme parks in the context of more general approaches to safety at public events. The overall aim is to learn from other contexts where there is experience and expertise in similar areas, as appropriate. The review will enable a series of balanced measures to be introduced that will further strengthen our regime for the governance, inspection, investigation and enforcement of complex public safety issues in respect of funfairs specifically, with the potential to point to a more integrated approach to public safety at events more generally. The intention will be to ensure that any change deemed necessary to other legislation such as the Safety, Health and Welfare at Work Act 2005 will also be duly considered in that context. The Department has met representatives of key organisations and stakeholders from the industry and individuals as part of this process, including the Health and Safety Authority, HSA.

A key issue is the investigation of accidents at funfairs. Understandably, this is a core concern in Deputy Niall Collins's Bill. It should be noted that provisions in criminal justice and safety, health and welfare at work legislation provide for a range of responsibilities and roles in the investigation of accidents. Such investigative powers are only granted by the Oireachtas to competent specialist bodies. This is an area being considered in the review.

As I speak, the review is at an advanced stage, with report drafting well under way. Further engagement with relevant stakeholders, as well as local authorities, the Department of Business, Enterprise and Innovation and the HSA, is now required to finalise the conclusions and recommendations. The review report will address the concerns highlighted in this Bill as well as the notice and certificate of safety regime under the Planning Acts, including the process for appointment of authorised persons to issue safety certificates and the inspection, investigation and enforcement regime for public safety at funfairs.

There is clearly a need for a co-ordinated approach, with a clear allocation of roles and responsibilities, in the area of public safety. Public safety at crowd events is viewed as one of the higher risk scenarios in the emergency management arena. The national steering group, NSG, on major emergency management, which is made up of representatives of the Departments of Housing, Planning and Local Government, Health and Justice and Equality and the three principal response agencies, namely, the Garda, the Health Service Executive and, via the City and County Management Association, local authorities, recognises that the issue of public safety is complex. It can involve a number of Departments and agencies in risk management, with different configurations required during the hazard identification and risk mitigation, planning and preparedness, and response phases. However, the NSG's members recognise the benefits of a co-ordinated approach to dealing with event promoters and are raising the issues that they have identified with the Government task force on emergency planning, which is seen as the most appropriate whole-of-Government forum to take forward these issues.

This Bill raises important public safety issues that are worthy of consideration, support and progression. In light of the provisions in section 239 of the 2000 Act, the Department is already engaged on this subject. I expect the work on the review to be concluded in the coming months and I anticipate that my Department and the Department of Business, Enterprise and Innovation will work together closely on this. When the review report becomes available, I anticipate that it will bring forward a series of balanced measures to address what are long-standing and complex public safety issues in respect of funfairs specifically, with the potential to point to a more integrated approach to public safety generally. I expect this issue to be taken up and progressed in a more co-ordinated way across the whole of Government.

I note and commend the spirit and ambition of this Bill. It targets enhancing public safety, which is important to all of us. However, I reiterate that the issues I referred to need to be considered further in order to ensure a coherent, joined-up and appropriate public safety regime that is modelled on best international practice. While there are challenges in aspects of the Bill, I nonetheless welcome it. I thank Deputy Niall Collins for drafting it and Deputy Butler and her colleagues for proposing it in the House. Deputy Collins can be assured that my Department and I will work to ensure that the intent behind it is given due consideration in the ongoing review and in the recommendations and actions that flow from same. I expect visible and real progress in this area by the end of the year so as to ensure that public safety continues to be maintained and enhanced at funfairs and other events.

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