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Dáil

Written answer

Health and Safety

1938. Deputy Charles Ward asked the Minister for Housing, Local Government and Heritage who is enforcing the 2025 inflatable safety regulations as set out in the Planning and Development (Funfairs and Fairground Equipment) Regulations 2025 in County Donegal; the number of inspections that have been carried out; and if he will make a statement on the matter. [63614/26]

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James Browne Minister for Housing, Local Government and Heritage Fianna Fáil

The Planning and Development (Funfairs and Fairground Equipment) Regulations 2025 set out the requirements relating to applications for, and the granting of, a certificate of safety for fairground equipment.

Section 487 of the Planning and Development Act 2024 provides that a person who organises a funfair or owns fairground equipment shall not make available for public use any fairground equipment unless a valid certificate of safety has been granted in respect of that equipment. A person who contravenes this provision is guilty of an offence.

Under section 354 of the Act, a person convicted of a relevant offence is liable:

- on summary conviction, to a Class A fine, imprisonment for a term not exceeding 12 months, or both; or

- on conviction on indictment, to a fine not exceeding €15 million, imprisonment for a term not exceeding 5 years, or both.

Compliance with these requirements at funfairs is enforced by local authorities through section 489 of the Act, which relates to the notice required to organise a funfair. Under this section, the notice must be accompanied by a valid certificate of safety for each item of fairground equipment to be used at the funfair.

Where a local authority has reason to believe that a funfair is taking place, or is likely to take place, in its functional area other than in compliance with the Act, it may serve a notice on any person whom it believes to be holding, organising, or otherwise materially involved in the organisation of the funfair, or whom it believes is otherwise responsible for the non-compliance.

The enforcement of these provisions is a matter for the relevant local authority. Accordingly, the Department does not hold information on the number of inspections undertaken or notices issued by local authorities. Such information would need to be sought directly from the relevant local authority.

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