Niall Collins (Limerick County, Fianna Fail)
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258. To ask the Minister for Jobs, Enterprise and Innovation if her Department or any of the agencies under her auspices were contacted regarding a reported incident (details supplied); the subsequent steps which were taken by her Department to investigate the incident in question; the discussions which were had with the owner of the property; and if she will make a statement on the matter. [6604/17]

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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The Health and Safety Authority (HSA) is the national statutory body with responsibility for ensuring that the provisions on workplace health and safety in the Safety, Health and Welfare at Work Act, 2005 are implemented so that those affected by work activity are protected from work-related injury and ill health. The 2005 Act places a range of duties on undertakings and individuals to ensure as far as reasonably practicable, the safety, health and welfare at work of employees. The statutory remit of the HSA in relation to fairgrounds is exclusively concerned with the protection of persons at work and the protection of others where a work activity is taking place or is imminent. This is determined by whether or not persons were engaged in or affected by a work activity at the time and place when an incident occurred.

The Authority does not have statutory responsibility for ensuring the health and safety of users of fairground equipment nor has it any role in the regulation of public safety where the operation of funfair equipment used by members of the public is concerned.

In relation to the specific incident referred to by the Deputy, I have been informed by the HSA that relatives of the individual involved in the incident did make contact with the HSA some weeks after the incident occurred. It was explained to them that the Authority had no legal basis to conduct an investigation in the matter as the particular incident did not occur as a result of work activity.

I understand that my colleague, the Minister for Housing, Planning, Community and Local Government, Mr Simon Coveney TD, has initiated a review of the role of his Department in relation to its responsibility for the regulatory regime covering the operation of fairground equipment and funfairs at section 239 of the Planning and Development Act, 2000 particularly in respect of the specific legislative provisions relating to fairground equipment. I look forward to the outcome of the review.