Dáil debates

Tuesday, 24 May 2022

Ceisteanna Eile - Other Questions

Legislative Measures

10:20 pm

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

On the second point in respect of the second change in the standard, to clarify that where an occupier of the property has acted with reckless disregard for a visitor or customer, we are referring to the publican, shop owner or local council if it is a playground it owns. In a recent example given to me, a farmer is asked if a hunt can go across his or her land. The test previous to now had been of reasonable grounds, which left it very open for the occupier who perhaps had not done anything wrong or been reckless but an accident simply had happened and the onus was put back on him or her. The standard must be higher now so there must be a reckless disregard. If a hunt is going through a field and a farmer has given them permission but has left old machinery and spikes sticking up out of the ground, or there is a child using a playground where there is a piece of equipment that is not properly tied on or there is an accident, there is a reckless disregard there. This is to make sure that there is a threshold where one must show that somebody has been reckless and really disregarded a person's safety where they have given permission to be on the premises or on the land, site, building or other area.

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