Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

I welcome this Bill and the opportunity it affords to address a number of issues. It is right that there should be legal protection for those who, in good faith, try to assist people in danger or in the wake of accidents. In proposing the legislation, Deputy Timmins stated that the primary motivation is to assist in encouraging the availability of defibrillators in the community through sporting clubs, commercial outlets, schools and any location where large crowds are likely to gather. He also referred to mountain rescue services and voluntary searchers for missing persons.

The Bill is clearly designed to protect people from litigation that may arise from such situations. It is often remarked that this country has a very high level of civil litigation in terms of what is often known as the claim culture. This culture has a damaging effect on other aspects of life. Community and sporting groups have been forced to curtail or even cease many activities because they cannot afford the exorbitant insurance costs. This claim culture is driven by the insurance industry and the legal profession which take no account of the wider damaging effects. The area must be revisited and we should consider what legislation or other measures are needed.

It is often people in more disadvantaged communities who lose out because of high insurance costs. Already meagre sporting and leisure opportunities are curtailed. The Government must examine how sporting and community organisations can be assisted with the cost of insurance, both through price control of that industry and any financial assistance that can be afforded.

On the insurance issue, the Minister for Justice, Equality and Law Reform stated last night that he had consulted the Attorney General about possible legislation but "decided it was such a complicated point and the way in which it was phrased would have to be so carefully done that I could do more damage than good by altering the common law position that exists now". This is most unconvincing. When was complexity and the need for careful wording a barrier to legislation? If such were the case, we would have no legislation. Has the Minister published the Attorney General's advice? If not, I encourage him to do so. The matter should be teased out. Many people, and I count myself among them, would not agree that this matter cannot be dealt with through legislation.

This Bill also raises the issue of the inadequacy of our emergency services. As a Border Deputy, I recently observed in the House that many parts of the Border region are blind spots as far as ambulance and other emergency services are concerned. I have recent experience in this regard, having come upon an accident scene just across the Border in County Fermanagh and rendered assistance. It was almost two hours before an ambulance arrived at the scene and, in this instance, only by chance. We do not have enough ambulances and emergency crews, even here in the capital city. The situation is much worse in rural areas. I also raise again the need for helicopter ambulance service, something the Acting Chairman, Deputy Cowley, has championed. I commend him on doing so. It is an issue I and other Deputies have also raised repeatedly. There is a clear need for such a service and I urge the Government to act on it.

The Minister for Justice, Equality and Law Reform, in his usual way, was dismissive and contemptuous of this Bill when he spoke. I have no doubt it has flaws, as Deputy Timmins would acknowledge, possibly even basic flaws. However, it deserves consideration on Committee Stage.

It is a pity the Minister did not exercise his alleged concern for legal exactitude and due process yesterday when he used a reply to a written question to make a scurrilous, malicious and unsubstantiated allegation against a private citizen. The Minister abused all privilege to pursue a personal and political grudge against the Centre for Public Inquiry and those who work for it. He should be ashamed of himself and should expunge his allegations from the Dáil record.

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