Dáil debates

Tuesday, 6 December 2005

Good Samaritan Bill 2005: Second Stage.

 

7:00 pm

Photo of Seymour CrawfordSeymour Crawford (Cavan-Monaghan, Fine Gael)

I congratulate my colleague, Deputy Timmins, on preparing this legislation. No county in Ireland better understands the importance of personnel available to provide first aid than Monaghan given that Monaghan General Hospital is being wound down by the Health Service Executive as a trial run for the Hanly report. The hospital's needs are being ignored by the Taoiseach and the Tánaiste and Minister for Health and Children, Deputy Harney, who accepts no responsibility for the services necessary to the area. Privatising and advice from so-called experts is more important than the harsh reality of life and death in the stony grey soil of Kavanagh or the rolling hills of north Monaghan.

This legislation is drafted to assist those who go to the assistance of a person ill or injured as a result of an accident from being sued as a result of intervention. The current legal situation is that a person who intervenes to help those ill or injured as a result of an accident could be sued if something goes wrong. While all of us feel a keen obligation to give assistance to an ill or injured person, the potential for legal action against those who act in a compassionate way exists. Fine Gael believes the public should be encouraged to take on the role of the good samaritan with the assurance that members of the public will not be victims.

In the Monaghan section of my constituency it is estimated that up to 16 lives would have been saved if Monaghan General Hospital had been open and on call. I know several individuals whose lives have been saved through being brought to hospital either by car while off call or by ambulance since this service has been brought back on call for medical purposes.

Deputy Timmins addressed a meeting in Ballybay town to encourage self help by setting up properly structured voluntary groups with a view to making defibrillators available in the wider community. It is clear that his work with the ambulance service personnel has set up a tremendous structure in Wicklow.

The number of young people who have died in the area of sport in recent years is shocking. We must congratulate those doctors and nurses who have intervened in such situations and brought people back to life. This happened recently to a young man on Clones football pitch. We still have people such as that young doctor who are prepared to jump in and do what is necessary for people in the same situation as the young man.

It is necessary that this legislation be passed so that people acting in good faith will not be exposed. People properly trained with the support of the health board and attached to a health board scheme are insured for the use of defibrillators. In Ballybay, County Monaghan, the local community, with financial support of the credit union, has purchased a defibrillator. A number of people have been trained in its use and more are in line to receive training. A number of football and community clubs are considering undertaking similar measures. We must examine the structures in Wicklow where those trained in first aid with defibrillators work in consultation with the ambulance service.

Carrickmacross also needs a community group to get involved in this. I hope the Government accepts this Bill as it stands or with whatever amendments are necessary. I hope sufficient funding will be provided to local health services to train and provide the necessary back-up services to these community groups. In this way people in rural areas will have an active back-up service and some assurance that help is available.

The recent death of Mr. Walsh in Monaghan General Hospital demonstrated how personnel were anxious about insurance liability. They had been warned never to take part in self help. This is a clear example of the anxiety people have about doing what should be done. In a constituency such as mine where there is a doctor on call, there is major anxiety about when and how one can locate a doctor on weekends or late at night. The structure promoted by Deputy Timmins is something we wish to see nationwide. This legislation is necessary to support this structure.

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