Senator Phil Prendergast

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Government must clarify legal uncertainty

Issued : Saturday 9 January, 2010

“The Government must issue clear guidance on the legal implications for householders and business owners clearing footpaths of snow and ice in front of their property.

“There have been conflicting signals in the media about this issue for some days.

“Some reports suggest that a person could be taking on a legal liability by clearing a footpath outside their home or premises.

“But there are also suggestions that failure to clear the footpath could create a legal liability for business owners or householders.

“This confusion has been caused by the Government’s failure to show leadership since the big freeze took hold before Christmas.

“A website and phone hotline should have been set up by now to advise people on this issue and many other elements of civic responsibility and personal welfare relating to the freezing conditions.

“I have no doubt the media would be co-operative in publicising this.

“Some of the many injuries caused by falls due to freezing conditions could have been averted if citizens were made aware of their legal position in relation to clearing paths and other spaces outside the homes and premises.

“Some of the dangers for drivers could also have been averted if grit was left out by local authorities in estates and on minor roads for local people to spread themselves.

“With the freeze likely to last at least another week, the Government must issue clear advice immediately to empower the people of this country to help deal with these unprecedented conditions.”