Council and Harbour Co could be liable for drownings

Galway Harbour Company’s insurers have warned that if safety railings around the Docks are removed, both the Harbour Company and the City Council may become liable for any drownings.

There were a total of 23 drownings and/or rescues at the Docks between 2004 and 2012, compared to 111 on the River Corrib during the same period.

A planning application is currently being considered by the Council for the retention of the fencing and security gates.

In 2012, the Council issued an Enforcement Notice against the Harbour Company, ordering that the railings be removed, as they were only supposed to be a temporary measure for the 2009 Volvo Ocean Race.

An Bord Pleanála subsequently ruled at the end of 2013 that the railings required planning permission and had a negative impact on the Docks and Quay Walls, which are Protected Structures.

At the beginning of this year, the Harbour Company sought permission to retain the railings – pointing out that since they were erected in 2009, the number of rescues and drownings has decreased.

The Harbour Company’s insurance brokers warned them: “The railings are an absolute requirement from a safety perspective. Without them, the marina poses a danger, particularly to children.

“The fact that the rating for this area of risk is high, your insurers insist that these railings remain in situ. If not, they state that either Galway Harbour Company or City Council (given that the latter are directing that the railing be removed) may well become responsible for the consequences of any incident that may occur.

“If removal of the railings does actually occur, it will be imperative that your insurers are informed and I have no doubt that they will have an issue with providing indemnity for any claims relative to this area,” the brokers warned.

The Harbour Company proposed to modify the railings at Dock Road and Dock Street to incorporate a motif, add a curved hardwood handrail and interpretative storyboards.

For more on this story, see this week’s Galway City Tribune