Barry Ward (Dún Laoghaire, Fine Gael)
Link to this: Individually | In context

302. To ask the Tánaiste and Minister for Justice and Equality if his attention has been drawn to the concerns of outdoor recreation businesses and others in relation to the consistent issue of signed personal liability waivers not being regarded in court proceedings; if he will consider amending existing legislation to strengthen laws regarding personal responsibility in liability cases; and if he will make a statement on the matter. [36892/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context

It is not possible for me as Minister to comment or intervene in any way in relation to how particular court proceedings are conducted or on the outcome of those proceedings. The conduct of any court case is a matter entirely for the presiding judge. The separation of powers is enshrined in the Constitution to ensure judges are independent in the exercise of their functions.

It is a matter for individual litigants to determine whether they wish to appeal a judgment of any court of first instance.

Insurance reform continues to be a key priority for the Government. The Programme for Government commits to the publication of a new Action Plan for Insurance Reform, with a focus on encouraging further competition in the market and working with stakeholders to enhance transparency and affordability across all types of insurance.

With regard to the use of waivers as described by the Deputy, I would point out that significant changes to the legislation governing occupiers’ liability were contained in the Courts and Civil Law (Miscellaneous Provisions) Act 2023 which amended the Occupiers Liability Act 1995 and came into effect on 31 July 2023.

As part of the overall suite of amendments to occupiers’ liability, the 2023 Act inserts a new section 5A into the Occupiers Liability Act 1995, which provides for the voluntary assumption of risk by entrants. Under the new section 5A, an occupier does not owe obligations to visitors or recreational users in situations where they have willingly accepted a risk and where they are capable of comprehending the nature of that risk. Acceptance of the risk is based on the entrant’s words, or conduct, and does not require proof of communication with the occupier. As such, a written agreement, such as a waiver, is not necessary to limit or release an occupier from liability.