Clyde & Co calls for quick action on NI mould and e-scooter laws

Clyde & Co calls for quick action on NI mould and e-scooter laws

Tara McSorley

A senior lawyer in Clyde & Co has identified mould regulation and e-scooter legislation as key areas where Northern Ireland law has fallen behind the rest of the UK and could provide “quick wins” for the justice minister.

Tara McSorley, legal director in Clyde & Co’s Belfast office, said new regulation and legislation in these areas would “prevent further harm from costly litigation and expanding medical costs”.

Privately owned e-scooters in Northern Ireland remain illegal for use on pavements and roads, and are only to be used on private land. However, given that they are widely available for sale, this is a point of confusion for many in Northern Ireland who do not know the legalities surrounding e-scooters.

“We have seen accidents on our roads here involving e-scooters, with a collision between an e-scooter and car resulting in the hospitalisation of the scooter’s driver late last year,” Ms McSorley said.

“We need regulation and clarity. In other jurisdictions we see action, with trials of e-scooters being run by local authorities in 30 towns and cities in England and Wales while the Republic of Ireland is bringing forward legislation to regulate the use of privately owned e-scooters.”

In relation to mould in damp properties, she said legislation is required to afford people in Northern Ireland with the same protection afforded to those in England and Wales in the Social Housing (Regulation) Act 2023, also known as ‘Awaab’s law’, which has no equivalent in Northern Ireland.

“We are glad to see that housing associations are engaged in improving their housing stock and being more rigorous in their handling of reports of damp and mould in properties. However, the law can do more to protect Northern Ireland’s renters and support landlords, especially social housing landlords,” she said.

According to Ms McSorley, tackling these issues — along with others including the personal injury discount rate — will help alleviate the pressure on the Minister’s inbox.

The discount rate is to be reviewed between July and October 2024 by government actuaries. With the Assembly now resumed, no further delay is expected in revising the rate and the appointment of a justice minister means that the Department of Justice can receive the report from the government actuary so that the discount rate can be set.

Ms McSorley said: “Recent reports show that the average cost of car insurance in NI has hit £1,051. The signs point to a discount rate which will be more positive for insurers and a lower discount rate may reduce claim-spend for insurers enabling them to reduce premiums.

“This would be a welcome development and should be a priority for the policy-makers in Northern Ireland.”

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