Paddy McHugh (Galway East, Independent)

I thank Deputy Timmins for introducing the Good Samaritan Bill 2005. When I first became aware of the legislation, I thought it was a good idea. Having listened to the Minister's speech yesterday evening, however, I am of the view that the Bill needs serious consideration and analysis as it progresses if it is to proceed further. That a Bill of this nature has seen the light of day is an indication of the changes in Irish society. I note the Minister's statement yesterday evening that the circumstances which this legislation sets out to prevent have not yet been encountered in this jurisdiction, but there is no point in waiting for the horse to bolt before closing the door.

This Bill has its genesis in occurrences in parts of the world other than Ireland. The claims-conscious society in the United States is so daft at times that it is to be hoped that the development of Irish society does not replicate what is happening there. I recently heard of a case in the US of a person who became entangled in a window as he attempted to gain access to a house with the intention of burgling it. He was awarded damages of $1.3 million because he was stuck in the window for 11 days, while the house was unoccupied. Such a nonsensical form of justice has no basis in reality.

In his speech yesterday evening, the Minister, Deputy McDowell, said: "Volunteerism is under stress and I contemplated introducing a differential negligence test for those who provided facilities such as children's playgrounds" and those who run sports events. It is regrettable that the Minister, in consultation with the Attorney General, concluded that the idea should be dropped because the issues involved were too complicated. The Minister, who is an eminent lawyer, benefits from the full resources of the State's legal machinery. Surely it is not beyond the might of those combined legal brains to reach a solution to this problem, which affects the community and voluntary sectors. Volunteerism is under threat in Ireland for a variety of reasons. Those who are suffering as a result are the young and the old, unfortunately. I urge the Minister to reconsider the extent of the liability of volunteers, to address the high cost of insurance for voluntary, sporting and community groups and to solve a problem that is faced by many people who are acting for the good of society, without greed or seeking any personal good.

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