Charlie O'Connor (Dublin South West, Fianna Fail)

I wish to share time with Deputies Ardagh, Nolan, Hoctor and Kirk.

I welcome my good friend and colleague, the Minister of State, Deputy Conor Lenihan. It is good the leader of the Opposition has stayed for the contributions. I welcome the opportunity to speak on this Bill. This will be an exciting day in the Dáil and I look forward to being part of it. I hope we all enjoy the day and get home early enough. I admire colleagues who introduce Private Members' Bills. It provides us with an opportunity to discuss issues of concern to us. I am very happy to do that. December is a time when we think and talk about being good samaritans and looking after our neighbours and the elderly. I make that remark as a preface to what I say about the Bill.

The Bill purports to protect from liability those who go to the assistance of others who may be ill or injured as a result of an accident. It seeks to ensure that those who offer assistance in good faith cannot be penalised or held liable as a result of their intervention, provided they are not grossly negligent. Health care professionals acting in the course of their employment are exempt from the terms of the proposed legislation.

I note the Government opposes the Bill on a number of grounds. The Government policy of reform in tackling the compensation culture is reflected in the Civil Liability and Courts Act 2004 and the Personal Injuries Assessment Board Act 2003. Both these Acts brought about fundamental changes in the handling of personal injuries cases. The issue of the law on rescuers or good samaritans was considered in the context of the preparation of the Bill which led to the Civil Liability and Courts Act 2004, which is as it should be. However, a decision was made not to proceed with reform with respect to rescuers but to keep the matter under review in the context of the operation of the two Acts.

There is an absence of law on rescuers or good samaritans and any change would clearly need careful consideration. I expect the Minister will take note in that regard. The subject has not come under examination, for example, by the Law Reform Commission. No reform of the common law position on rescuers has been carried out in our jurisdiction or in the United Kingdom. The United States and Canada have introduced reforms that differ widely from state to state and province to province.

I note the presence of my colleague, Deputy Ardagh, the Chairman of the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights. I commend him on his work. In consultation and co-operation with the Minister, this committee does an enormous amount of work. Not a week goes by without several meetings of this committee taking place. I expect the committee will be as busy as ever in the context of this proposed legislation. I look forward to further discussion of the matter in the committee.

In dealing with the issues raised by the Bill, we should not undermine or downgrade the customary acts of kindness towards neighbours and being good samaritans in general. This approach has been with us since biblical times and is traditionally part of Irish life. I hope that will continue to be the case. Deputy Timmins may not have heard me compliment him on his efforts in regard to the Bill as he was consulting his party leader.

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