Pat Gallagher (Donegal South West, Fianna Fail)

Each fire authority has one chief fire officer. This chief fire officer, unlike a politician, cannot be on call 24 hours a day, 365 days of the year. It would be extremely serious if this power were vested in the chief fire officer alone or in the the county manager. We are vesting this power in the authorised officer, appointed by the fire authority. While it is likely to be the chief fire officer, it may not be necessarily so as it could be the assistant fire officer, senior officers or someone authorised by the manager to issue a closure notice. It could be so serious that to stop and put the notice in writing would be irresponsible. This can be done orally or in writing. Those who contributed on Second Stage referred to some of the extreme cases we have witnessed in the past. If extreme circumstances exist this must be done immediately.

I appreciate what Senator Bannon has said. If a case goes to the courts, the question of what he or she said will be debated. It is extremely important the responsibilities are not transferred from the owner, or person in control on the night, to the authorised officer. All the officer can do is give advice and this is sensible. The only other power available to the authorised officer was the fire safety notice. Its implementation could take some time as it could be appealed to the courts. This Bill is as precise as practical. The chief fire officers and advisers to the Department requested this.