Tommy Broughan (Dublin Bay North, Independent)
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120. To ask the Minister for Housing, Planning, Community and Local Government the national or local government agency responsible for public safety at public events including funfairs, amusement parks, musical and sporting events and other locations of public entertainment; if legislation is necessary to extend the powers of the HSA and or local authorities in this regard; and if he will make a statement on the matter. [6522/17]

Simon Coveney (Cork South Central, Fine Gael)
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Section 239 (2) of the Planning and Development Act 2000 places a statutory responsibility on organisers of funfairs and owners of fairground equipment to take such care as is reasonable to ensure that persons on land in connection with a funfair do not suffer injury or damage by reason of any danger arising out of the funfair or associated activities. Section 239 (4) of the Planning and Development Act 2000 additionally requires that an organiser of a funfair or an owner of fairground equipment shall not make these available for use by the public unless such equipment has a valid “certificate of safety”. The organiser or owner must obtain a certificate of safety from an “authorised person” as prescribed in Regulations.

Under Section 239 (7) of the Planning and Development Act 2000, the organiser is required to give notice of the event (minimum two working days) to the relevant local authority, and such notice is to be accompanied by a valid certificate of safety. Where notice is given, and a valid certificate is provided, the local authority currently has no further role in the process under planning legislation.

Where a funfair is taking place, which is not in accordance with the provision of Sections 239 (4) and (7), i.e. a safety certificate has not been obtained and/ or notice has not been given to the local authority, the local authority has enforcement powers under Section 239 (8) of the Act. In these circumstances, local authorities may serve notice on an organiser requiring the cessation of the fairground/ funfair operations. A person who fails to comply with the requirements of any such notice is guilty of an offence.

Section 239 of the Planning and Development Act 2000 does not assign responsibility or enabling powers to my Department or any other specific body to investigate accidents at funfairs; however, provisions in criminal justice and safety, health and welfare at work legislation provide a range of responsibilities and roles for investigation of accidents, which are matters for my colleagues, the Tánaiste and Minister for Justice and Equality and the Minister for Jobs, Enterprise and Innovation, respectively.

My Department is currently reviewing its role in relation to the aspects of legislation relating to regulation of fairground equipment and funfairs in section 239 of the Planning and Development Act 2000, particularly in respect of the specific legislative provisions relating to fairground equipment. This review may also consider more general issues in relation to safety at funfairs, theme parks and community events that may involve other bodies with expertise in these areas, as appropriate. The issues of any necessary legislative change will be considered, in consultation with these bodies, as part of this review.