Dáil debates

Tuesday, 6 December 2005

Good Samaritan Bill 2005: Second Stage.

 

7:00 pm

Photo of John PerryJohn Perry (Sligo-Leitrim, Fine Gael)

I compliment Deputy Timmins on bringing the Good Samaritan Bill before the House. It is important legislation and reflects the fact that there is a constant need for us, as legislators, to look at what is happening abroad. We can certainly learn from the failings and successes of our neighbours in the EU and in countries further afield. When Deputy Timmins was drafting this Bill, he examined the situation abroad. He discovered cases in the United States where people were sued for coming to the aid of others who had become ill. Fine Gael realised that this could become an issue in Ireland, which is far more litigation conscious than was the case in the past. A total of 49 states in the US have enacted similar good samaritan legislation. It makes logical sense for Ireland to act before a problem emerges.

In publishing this Bill, we are raising awareness of a very serious issue, namely, that every year between 6,000 and 7,000 people die from sudden cardiac arrest. In recent years we have seen the tragic deaths of several very talented young sports people from sudden cardiac arrest. Defibrillators have a strong role to play in preventing death from sudden cardiac arrest. When a person has a heart attack, his or her chance of survival drops by 10% every minute, and time is obviously of the essence in such cases.

Deputy Timmins has been involved with a voluntary group in Wicklow which has been very effective. It has engaged in fundraising, as well as purchasing defibrillators and making them available throughout the area. I represent people in Sligo and believe there is an urgent need to involve communities and voluntary groups in the provision of defibrillators in regions where they would not be otherwise available. There are several areas in County Sligo that have no service whatsoever at present. I am certain the commitment and fundraising required to obtain such devices exists in those areas. However, there are concerns about litigation and the operation of defibrillators, although local people could work with Sligo General Hospital in the area of training.

The pilot group that was set up two years ago in Wicklow aims to make defibrillators available to the wider community, which is an admirable objective. The group has been very successful to date. As a representative of a mostly rural constituency, I see that such action is vital to help to save lives. The availability of defibrillators is of critical importance when time is precious and people cannot afford to wait for an ambulance to arrive. To have a local person who is trained in the operation of a defibrillator would be of enormous benefit to every community. This Bill will allow people to help each other. We must not forget that the community and voluntary sector is the backbone of every town and village in this country.

The terms of the legislation are exact. I compliment Deputy Timmins on a very detailed Bill which has been scrutinised with every fault in mind. The Bill exempts health care professionals working in the course of their employment. It will help those who, in good faith, come to the aid of people who have fallen ill. Unless he or she damages the ill person as a result of gross negligence, the good samaritan will be protected under Irish law for the first time. People should be able to give assistance to others without fear of litigation or a court summons. I fully support this Bill and commend Deputy Timmins and the Front Bench on bringing it forward. I appeal to the Minister to support it because, as previous speakers have said, it can save lives and will empower people to get involved in their local community.

The voluntary sector and the fund-raising activities people become involved in show that they are prepared to give of their time. Irish people are good samaritans because they consistently help others but with the wealth being created in our boom economy, the risk of litigation has increased. If that could be prevented and the Minister took Deputy Timmins's Bill on board, it would be a good day's work. It has been successful in the US, and the fact that it has been enacted in 49 states shows how important it is.

Deputy Timmins has researched the Bill carefully and has operated the defibrillator service successfully in County Wicklow. It will be well received in County Sligo because it will empower communities to save lives by the provision of defibrillators and will remove the possibility of claims for litigation arising from negligence on the part of good samaritans.

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