John O'Mahony (Mayo, Fine Gael)
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Question 373: To ask the Minister for Defence the liability of members of the public and business owners gritting and salting footpaths and non national roads and if this will be communicated to the local authorities; and if he will make a statement on the matter. [45915/10]

Tony Killeen (Clare, Fianna Fail)
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Following the severe weather events that occurred last winter, in my capacity as Chairman of the Government Task Force on Emergency Planning, I sought the advice of the Attorney General in relation to certain legal matters that arose during the response including questions relating to whether there is any liability arising for individuals and community groups who clear snow from footpaths during a period of severe weather. The Attorney General subsequently provided that advice, which indicated that the issue of liability does not arise for snow that is cleared in a safe manner. I arranged for Office of Emergency Planning to brief the Government's Inter-Agency Coordination Committee on Severe Weather on the legal advice received. The Department of Environment Heritage and Local Government and Local Authorities are represented on that Committee.

The Health and Safety Authority (which is also represented on the Committee) has issued a statement setting out guiding principles for managers and workers tasked with carrying out emergency/essential services in extreme weather conditions. The Authority has also provided an arrangement whereby the Local Authority's Health & Safety Advisors can receive further advice and guidance, as required.