Our silly public liability laws mean councils are more focused on protecting themselves than providing facilities
AS A bathing place, Kilkee in Co Clare is “unsurpassed by any resort”, its tourism website (kilkee.ie) rather boastfully claims. “The beach sweeps in a grand semicircular curve in front of the town and its smooth clean and firm sands, washed daily by the Atlantic tides afford excellent bathing, always in perfect safety.”
In addition to this Blue Flag beach, “swimmers have the choice of several sandy coves and natural rock-enclosed pools including the famous Pollock Holes in which the water is changed by every tide. For the more adventurous, diving boards are provided at Newfoundout and dives of up to 45 feet (13m) can be made into the open sea.”
Last month, without any prior notice, the diving boards and ladders at Newfoundout (known to generations of holidaymakers as “Newfy”) were whipped away. Defending this high-handed action, acting Kilkee town manager Nora Kaye said Clare County Council “must take all steps as are reasonably practicable to ensure the safety of people”.
This was, of course, yet another example of nanny statism of a type that’s become all too common in Ireland. But in Newfy’s case, there was also a Keystone Cops element, as the diving boards and ladders had to be reinstated temporarily so that an independent safety assessment could be carried out by the Irish Water Safety Association.
Kaye told the Limerick Leader: "The diving boards and ladders were put back in place to enable the risk assessor to carry out his review. The diving boards have been removed once again pending the outcome of the councils evaluation of the assessors report, while the ladders have been left in position at the four locations concerned."
She subsequently admitted that public liability insurance was “an issue that was discussed in the run-up to the decision to remove the equipment”. In other words, neither Clare County Council nor Kilkee Town Council wanted to leave themselves exposed to compensation claims if swimmers were injured diving into the Atlantic at Newfy.
Kilkee-based architect Tom Byrne, who has been diving from the boards since he was six years old, said there was widespread incredulity locally over what happened – especially as “there has never been an accident or claim in Newfy. Nobody has ever been lost inside the bay area.” Now, children would be more at risk diving from the cliff.
I asked Kaye what evidence was there that the diving boards at Newfy constituted a health hazard; how many people had been killed or injured using them and over what period of time; and how many compensation claims were made against Kilkee Town Council in the past 10 to 20 years, and how much had actually been paid out.
In reply, she said the diving boards had been removed “due to the fact that there was no recent independent assessment carried out in relation to these boards. Their removal, therefore, was not because of any specific . . . public safety issue.”
She also said the local authorities were not aware of any deaths or injuries associated with the diving boards.
“In relation to claims for compensation, the records indicate that no claims have been made against Clare County Council or Kilkee Town Council in respect of accidents arising from the use of diving equipment,” she admitted this week.
So the only real issue, in effect, was an insurance one, to protect the two councils against any claims in the future.
Dublin City Council, Ireland’s largest local authority, received 417 personal injury claims last year, settled 283 cases and paid out €6.28 million in compensation as well as €509,433 in legal costs and fees. That’s all money that could have been spent on swimming pools facing closure or other services – if we didn’t have silly public liability laws.
Accidents do happen. After two American tourists fell to their deaths last year on Skellig Michael, off the Co Kerry coast, there were calls for more safety measures. But a review carried out for the Office of Public Works rightly recommended that no fencing should be erected there; instead, visitors should be warned that climbing the rock is dangerous.
In Dublin, the Natural History Museum has reopened three years after the collapse of a stone staircase forced its closure. But the once clear view visitors had of its interior from the main entrance is now blocked by a full-height fire screen and the upper levels remain closed “due to lack of emergency exits” – even though there are two good staircases.
More nanny statism was in evidence when George’s Dock was filled with gravel and its water depth reduced to 18 inches, just in case anyone would fall into it from a platform installed to cater for the Spiegeltent. And now, there’s a plan to surround all the water bodies in Docklands with railings, to protect people from, well, themselves.
A few years ago, Temple Bar Cultural Trust had the smooth limestone paving on Curved Street roughened up with a concrete grinder, in case anyone might slip and make a personal injury claim. And lately, a crude steel handrail has been added to the flight of steps at Meeting House Square, even though there’s a built-in stone rail on the opposite side.
Yes, of course, there must be “universal access”. But should this mean cutting smooth pathways through the cobblestones of Trinity College (now being considered)? As for risks to life and limb, if caveat emptor has been a good motto for centuries, surely in the case of public facilities “let the user beware” should be sufficient.