Written answers

Tuesday, 22 November 2011

Department of Justice, Equality and Defence

Severe Weather Events

8:00 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 497: To ask the Minister for Defence further to the publication of the be winter ready strategy, if he will clarify that the clearing of snow from roads by the farming community is covered by this strategy; and if he will make a statement on the matter. [35610/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Following a number of severe weather events, advice was sought 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. On the question of people, such as the farming community, clearing roads by spreading grit supplied by local authorities, the legal advice is that the issue of liability does not arise where the material is delivered, stored and used in a safe manner. Any equipment used for road gritting and snow clearance should be suitable and safe for that purpose and people should be competent to use it.

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