Laois cemetery volunteers fear being sued for damages

Volunteers who independently maintain Laois cemeteries are 'very worried' that they could be sued if the work they are doing caused an injury to the public.

So claimed public representatives in Laois who raised the issue of liability and insurance cover for members of the public who give of their time freely at graveyards around the county.

Cllr John King, Fine Gael, was the first to flag the issue at a recent meeting with Laois County Council officials. He asked the council who is permitted to work in cemeteries for maintenance purposes.

Mr Donal Brennan, Director of Services, said the council works with community groups who carry out small maintenance work. He said individuals are also allowed to look after their family plots or a neighbour’s plot.

He said people would have to liaise with the council before undertaking work. He said any more extensive contracted work would require the council’s permission.

Cllr King was concerned that some individuals who do important work on their own may not have insurance.

Mr Brennan said he was reluctant to discuss the matter as there was no ‘black and white rule’. His main concern was with any contractors working in cemeteries.

He encouraged individuals working voluntarily on their own to join an organised cemetery maintenance group.

He said situations have arisen where damage was caused by individuals who were carrying out work with the best of intentions.

He said organised committees know the limits of what work they can do and also work with local authority’s cemetery section.

Cllr James Kelly, Independent, shared Cllr King's concerns. He said volunteers will find it difficult to to get others to join a maintenance committee. 

“If they don’t go into cemeteries not on the council’s approved list, cemeteries will be overgrown,” he said.

Cllr Kelly said these people are concerned that they could be sued if an accident happened while they are doing voluntary work.

“These people are very worried,” he said.

Mr Brennan said his advice only applies to the 27 graveyards under the council’s control. He said council has no involvement in Church cemeteries or the 60 historic graveyards.

Cllr Kelly said that while accepted that the council had no justification over most cemeteries he said people who maintain non-council graveyards will not be reassured over the insurance cover.

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Cllr Ollie Clooney, Independent, said it is a ‘very important’ issue. He praised the work done by volunteers.

The issue was raised at a recent Borris-in-Ossory Mountmellick Municipal District meeting.