Passage of Bill, Giving Effect To Insurance Reforms, Welcomed.
Occupiers’ Duty of Care laws changed with Courts and Civil Law (Miscellaneous Provisions) Bill 2023.
Minister for Justice Mrs Helen McEntee TD and Minister of State for Law Reform Mr James Browne have both welcomed the passage of the ‘Courts and Civil Law (Miscellaneous Provisions) Bill 2023,’ through its final stages in Dáil Éireann.
The Bill includes a range of reforms, including duty of care legislation – a key insurance reform measure.
It will amend the Occupiers’ Liability Act 1995, in relation to the duty of care and is an important part of the government’s Action Plan, on Insurance Reform.
The changes will ensure that businesses, community groups and organisers of events fulfil their duty of care responsibilities, while also acknowledging the importance of the personal responsibility of visitors, recreational users and trespassers.
The Courts and Civil Law (Miscellaneous Provisions) Bill 2023 has now been passed by both Houses and will be referred to the President of Ireland, to be signed into law.
It also contains other, wide-ranging legislative amendments to help improve access to justice and make civil processes more efficient, streamlined and people-centred.
These include measures on bankruptcy, legal services, data protection, naturalisation and Irish citizenship, as well as reforms to occupiers’ liability.
Minister McEntee said: “These measures strike a new and reasonable balance between the responsibilities of the owner or operator of a premises to keep their customers and visitors safe, and what individuals themselves must do when entering a business, club or community building for example.The passage of this legislation marks an important step in our efforts to make insurance more available and cheaper.”
Minister Browne said: “This legislation has brought forward a number of important law reforms, across a broad range of areas. The legislation extends it’s influence to various aspects of individuals’ lives and has the potential to create positive and tangible differences.”
The Bill contain four key developments regarding Occupiers’ Duty of Care:
Inserting into primary law a number of recent court decisions which rebalance the duty of care owed by occupiers to visitors and recreational users.
Changing the standard to clarify that when the occupier of a property has acted with reckless disregard for a visitor or customer, it is the standard of reckless disregard rather than reasonable grounds which should apply in relation to any consideration of liability.
Limits to the circumstances in which a court can impose liability on the occupier of a premises where a person has entered onto premises for the purpose of committing an offence.
Allowing for a broader range of scenarios where it can be shown that a visitor or customer has voluntarily assumed a risk resulting in harm.
Minster McEntee added: “I am committed to improving access to justice for everyone and making our civil processes more efficient, streamlined and people-centred. This bill addresses a number of issues that may pose obstacles to achieving justice in personally challenging legal processes such as bankruptcy, and the judicial complaints process. The updates will also introduce measures to increase efficiencies in the naturalisation process and reduce delays for people waiting to become Irish citizens. I am delighted that this bill has passed through the Houses of the Oireachtas and would like to thank all of the officials who have worked hard to bring this complex, but important piece of legislation to fruition.”
The Courts and Civil Law (Miscellaneous Provisions) Bill 2023 also contains amendments to matters including Irish nationality and citizenship, court offices, bankruptcy, international protection, data protection, immigration and legal services.
Legislation governing the granting of Irish citizenship will be changed. The period of time a non-Irish child born in Ireland must wait before they can be naturalised will be reduced from five to three years.
Numerous changes will be made to legislation relating to the Courts and Court officers, all of which are designed to introduce further efficiencies into the operation of the Court Service. One example is the creation of a centralised office to administer the summoning of juries, in addition to enabling the Courts Service to designate any court office as a centralised office for the purpose of carrying out specified court business.
Minister Browne added: “Along with Minister McEntee, I am very pleased that this bill has now completed its passage through the Houses of the Oireachtas. This legislation will assist in achieving many of the strategic goals set out in the Justice Plan 2023. A core goal has been making access to justice easier and equitable; by modernising and rationalising a number of administrative processes this bill does just that. Ultimately, the enactment of this legislation will contribute to our work of ensuring a safe, fair and inclusive Ireland.”
Pre-deceased by his parents Sally and Terry; Mr McCabe passed away peacefully, while in the care of staff at the Blackrock Clinic, Dublin.
His passing is most deeply regretted by his heartbroken wife Margaret, sons Mark and Dean, daugters-in-law Sinead and Ann-Marie, grandchildren Enya and Clara, brothers Sean and Garry, sisters Nina and Collette, nephews, nieces, brothers-in-law, sisters-in-law, extended relatives, wonderful neighbours and a wide circle of friends.
Interment will take place immediately afterwards in St. Patrick’s Cemetery, Moyne Road, Thurles, Co. Tipperary.
For those persons who are unable to attend the funeral service for Mr McCabe, same can be viewed, streamed live online HERE.
The extended McCabe family wish to express their appreciation for your understanding at this difficult time and have made arrangements for those persons wishing to send messages of condolence to use the link shown HERE.
Pre-deceased by her husband Patrick; Mrs O’Connor passed away peacefully at her place of residence.
Sadly missed by her loving son Paddy, daughter Mary, grandchildren and great-grandchildren, sister Annie, nephews, nieces, extended family, relatives and friends.
Requiem Mass will be celebrated at 11:00am on Friday morning, June 30th in S.S. Peter and Paul’s Church, Clonmel, followed by interment, immediately afterwards, in St. Patrick’s Cemetery, Moyne Road, Thurles, Co. Tipperary.
For those persons who are unable to attend the funeral service for Mrs O Connor same can be viewed, streamed live online HERE.
The extended Mrs O Connor wish to express their appreciation for your understanding at this difficult time and have made arrangements for those persons wishing to send messages of condolence to use the link shown HERE.
Interment will take place immediately afterwards in St. Patrick’s Cemetery, Moyne Road, Thurles, Co. Tipperary.
For those persons who are unable to attend the funeral service for Mr Szczepanik, same can be viewed, streamed live online HERE.
The extended Szczepawishfamily wish to express their appreciation for your understanding at this difficult time and have made arrangements for those persons wishing to send messages of condolence to use the link shown HERE.
Half of septic tanks failed inspection in 2022 with 20% identified as a risk to human health and the environment.
Enforcement by local authorities of failed septic tanks is inconsistent, with the lowest rates of Septic Tank failures fixed being in Tipperary, Roscommon, Waterford and Leitrim.
Over 1,100 septic tank inspections were completed by local authorities in 2022. Inspections by Clare, Waterford and Offaly Councils last year were well below their requirements.
Domestic waste water treatment systems (DWWTS), mostly septic tanks, are used by householders to treat sewage. There are nearly half a million systems in Ireland.
The Environmental Protection Agency (EPA) today released the report on Domestic Waste Water Treatment Systems Inspections in 2022. The EPA examined the 1,143 inspections of domestic waste water treatment systems completed by local authorities in 2022. Some 49% (560) of the treatment systems failed inspection because they were not built or maintained properly. Some 20% or (230) of treatment systems inspected were considered a risk to human health or the environment, because faulty systems can contaminate household drinking water wells and pollute rivers.
Commenting on the report, Dr. Tom Ryan, Director of the EPA’s Office of Environmental Enforcement said, “Faulty septic tanks are a risk to human health and the environment. If not built and operated properly, they can pollute watercourses and contaminate household drinking water wells with harmful bacteria and viruses. Where septic tanks are not functioning properly, it is critical that householders fix the problems to protect their family’s health, and the environment.”
Where septic tanks fail inspection, local authorities issue advisory notices to householders setting out what is required to fix the problem. The report found that there were 550 cases where issues notified to householders over two years previously had still not been addressed. The septic tank grant scheme, offers grants up to €5,000 to assist in addressing malfunctioning systems. Over 200 grants, totaling nearly €1 million were awarded in 2022.
Criticism of Tipperary Co. Council.
Mr Noel Byrne, EPA Programme Manager said, ‘It is unacceptable that failed septic tanks have not been fixed more than two years after inspection. Half of these involve sewage surfacing in gardens and discharging to ditches and streams, which are health risks that cannot be allowed to continue. Greater enforcement is needed by local authorities, particularly in Tipperary, Roscommon, Waterford and Leitrim, to ensure failed systems are fixed to protect human health and the environment.”
The National Inspection Plan for Domestic Waste Water Treatment Systems 2022 – 2026 was published in 2021. The plan increases inspections from 1,000 to 1,200 from 2023 onwards. There was a shortfall in inspections by five local authorities in 2022 and these need to be completed in 2023. Inspections are focused near rivers where there is greater risk to water quality, and areas with shallow soils where there is greater risk to household wells.
The report, Domestic Waste Water Treatment Systems Inspections in 2022, is available on the EPA’s website.
ForFurther information: Contact Emily Williamson EPA Media Relations Office Tel: 053-9170770(24 hours) or media@epa.ie
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