Failure to implement 2-year-old law regulating adventure sports criticised

The Government has been criticised for not implementing legislation to regulate adventure sports and centres, which was signed into law over two years ago.

Mr Michael Davies, who had campaigned for the legislation after his son, Ros (14), died in a canoeing accident eight years ago, described the situation as "unbelievable", while Fine Gael senator, Mr Michael Finucane, expressed "amazement" at the delay. A leading adventure sports administrator, Mr Mick Scanlon, said he feared it would take another fatality before the Government showed any commitment to the legislation.

"Adventure sports and centres are now more unregulated than they were when my son died in Dunmore East in February 1995," said Mr Davies. He intends to initiate a new campaign today.

The Adventure Activities Standards Authority Act was signed into law in July 2001 to replace the existing self-regulatory system established by the Association for Adventure Sports (AFAS).

The AFAS Centre Standards board has not inspected a centre since 1999, because it understood that the proposed statutory agency - due to be set up under the Act - would be doing so.

It was the death of Ros Davies which caused the Government to intervene. Ros Davies and Keith Crowley (21) both drowned while canoeing off Dunmore East, Co Waterford. Ros had been taken canoeing without the knowledge or permission of his parents as part of a party of eight. The group set out in spite of gale warnings.

Mr Davies and his wife, Valerie, subsequently took a legal action against Dunmore East Adventure Centre and liability was admitted. Mr Davies also campaigned to highlight the lack of statutory regulation in the area, and was supported by Fine Gael TD (now senator) Mr Michael Finucane, who initiated a Private Members' Bill in the Dáil in 1999.

Mr Finucane said he had welcomed the fact that the Government had taken his Bill, amended it, and introduced it into law, but he was "shocked and amazed" that it had not been acted upon.

The as yet unestablished Adventure Activities Standards Authority is charged with developing codes of practice for specified activities and with licensing and inspecting adventure centre operators. It can also direct an operator to suspend or cease specified adventure activities and it can investigate any accident or incident to establish its cause.

The legislation defines 13 activities: hill-walking and orienteering at over 300 metres above sea level; caving; dinghy sailing; kayaking; canoeing; archery; rock climbing; abseiling; snorkelling; scuba-diving; wind-surfing and surfing with a surf board.

It covers commercial centres but not schools or educational establishments, which was criticised by Fine Gael at the time.

"Since it was signed into law, we have heard nothing about it, beyond a request for nominations from various activities to the new authority," said Mr Mick Scanlon, general manager of the National Adventure Centre in Tiglin, Co Wicklow. "We are completely frustrated at this delay, because there is now no inspection system in place.

"This means that reputable centres and sports, paying very high insurance costs, are competing with cowboy operators who are unregulated because this legislation hasn't been acted upon," he said.

A spokesman for the Department of Communications, Marine and Natural Resources said the delay was due largely to the proposed amalgamation of the Maritime Safety Directorate, Irish Coast Guard and other safety functions into a new agency.

However, the Minister may appoint an interim board to the Adventure Activities Standards Authority shortly, the spokesman said.