Liability for obstructed exit doors
De Rossa asks whether management will be made liable for failing to keep exits unlocked and clear. The Minister says existing provisions carry penalties of up to £10,000 and/or two years’ imprisonment, but will review the law if it proves inadequate.
The matter raised by Deputy Molloy has an important bearing on this whole question of the regulations as they affect fire safety in buildings. Does the Minister intend to implement the recommendations to which I referred in Question No. 15. The tribunal recommended that a new offence be created and that the Fire Services Act be amended to ensure that management who failed to properly ensure that exit doors were kept free, unlocked and unobstructed, and remained free, unlocked and unobstructed, would be liable to prosecution.
Comment on this
Yes, they would be liable to prosecution and subject to a fine of £10,000 and/or two years in jail.
Comment on this
As I understand it, at present they are not liable to prosecution for this offence.
Comment on this
As I understand it, under the 1981 Act it is not an offence. There are no regulations in existence under section 37 which would make it an offence.
Comment on this
The penalties on conviction for a breach of section 82 of the Act, including the locking or obstruction of exit doors, are quite severe. The penalty for a conviction under section 18 is two years in jail and/or a £10,000 fine. As I indicated in my reply, if the existing legislation is found to be inadequate we will have a look at it again. One would consider two years in jail and/or a £10,000 fine a reasonably severe penalty. If it is not working we can look at it again.