Kathleen Lynch (Cork North Central, Labour)

We need it because people are afraid of becoming involved in cases where they could be sued. Society is so litigious that even people who are being assisted could well consider suing. I found this concept difficult to take on board and asked myself who would do such a thing. I cannot imagine suing someone who came to my aid if I was involved in a crash. However, I heard of a case which involved two patrolmen who came to the assistance of somebody involved in a car crash. The accident victim sued them because he blamed them for the paralysis from which he suffered following the accident. While he did not win the case, he sued them. The finding of the court was that the patrolmen did not have a duty of care to him and they were not obliged to rescue him. However, word gets out and one could imagine it happening here. Gardaí could end up being sued if they attempt to prevent further injury to the victim or victims of an accident.

It is a horrible vista that in this day and age we might need such legislation. Introducing such a Bill is an attempt to ensure that people no longer feel the threat of being sued in the event of coming to the aid of others. I must hold up my hands and say that I am not the kind of person to jump in with a defibrillator. I would probably be like the Minister, stand on the footpath and lecture——

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