Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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725. To ask the Minister for Housing, Planning, and Local Government further to Question No. 520 of 14 November 2017, if he will consider amending section 239 of the Planning and Development Act 2000 to include bike parks; and if he will make a statement on the matter. [53537/17]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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I refer to the reply to Question No. 520 of 14 November 2017, which set out the position in relation to Section 239 of the Planning and Development Act 2000. This Section places a statutory duty on organisers of funfairs and owners of fairground equipment to take such care as is reasonable for ensuring that persons at a funfair do not suffer injury or damage by reason of dangers arising from the funfair or associated activities.

For the purposes of Section 239 of the Act, "funfair” means an entertainment where fairground equipment is used, while ‘‘fairground equipment’’ includes any fairground ride or any similar equipment which is designed to be in motion for entertainment purposes with members of the public on or inside it, any equipment which is designed to be used by members of the public for entertainment purposes either as a slide or for bouncing upon, and any swings, dodgems and other equipment which is designed to be in motion wholly or partly under the control of, or to be put in motion by, a member of the public or any equipment which may be prescribed, in the interests of public safety. This legislation does not prescribe activity parks such as bike parks as falling within its definition.

My Department commenced an internal review process on the issue of safety at funfairs/ fairground equipment earlier this year. The review of 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, is on-going and includes an examination of international practice in the area of regulating public safety. The drafting of the review report has commenced and further engagement with relevant stakeholders is on-going as part of the process of clarifying issues and preparing the report's conclusions and recommendations. It is not envisaged at this point that this legislation will be amended to include activity parks such as bike parks.