Power to close unsafe premises
De Rossa challenges the Minister on whether local authorities can close dangerous assembly premises immediately. The Minister says they can seek a High Court closure order under section 23, though a prohibition notice may be appealed within 14 days; Mac Giolla questions whether Dublin has used that power.
I must express my disappointment at the Minister's decision to lump all these questions into one reply. The nine questions refer to specific recommendations made by the Stardust Tribunal. In relation to Question No. 9, what specific powers have local authorities to require the immediate closure of a building which they consider to be a fire hazard? Would he not agree that section 37 of the Fire Services Act does not give them the power to require immediate closure because a person who receives such an order can within 14 days appeal and there is no knowing how long an appeal may take?
Comment on this
The Fire Services Act contains a very wide range of powers to deal with the fire safety of buildings. A notice prohibiting the use of a building or part of a building can be issued. I admit that the person who receives such a notice has 14 days in which to appeal. That is reasonable. If a person's business is being affected he should have some rights as well as some obligations. Where the local authority are satisfied that there is a danger they can go to the High Court and have the building closed. Independently of the normal action they can take through the District Court, if they are satisfied that there is imminent danger they can go to the High Court for a decision on what to do. There is immediate machinery for closing a building.
Comment on this
Is the Minister not aware that Dublin Corporation claim they have no power to require a building to be closed down? The Stardust Tribunal report urged that the power be given to order immediate closure of a place of assembly. Would the Minister not agree that it is important that such a power be given to a local authority in view of the horrendous results of the Stardust disaster?
Comment on this
Under section 23 the local authority have the power to go to the High Court and have a building closed. That power exists and if the local authorities are not exercising it there is something wrong.
Comment on this
It is my understanding that Dublin City Council recently found they did not have the power to close down a premises.
Comment on this
Is it not a fact that they have the power to oppose the licence given to a premises but that they have not the power to shut it down from the next day?
Comment on this
Under section 23 they can go to the High Court and seek an order to have it closed down. That provision is contained in the Act. The local authority have the power.