Dáil debates

Wednesday, 7 December 2005

Good Samaritan Bill 2005: Second Stage (Resumed).

 

12:00 pm

Photo of Liam TwomeyLiam Twomey (Wexford, Fine Gael)

The speech of the Minister for Justice, Equality and Law Reform last night reflected a number of attitudes which highlight why the people of Ireland are growing tired of the Government. It is amazing the Progressive Democrats Party, which represents 4% of this country's electorate, is dictating Government policy. The Minister's obsession with reward and money when it comes to providing a duty of care to sick patients in an emergency was sickening to say the least. His speech last night was peppered with references to money and reward. He missed the point of this legislation and his views mirror the ongoing privatisation of the health care service, which in its present form will only benefit consultants and investors. It will not benefit the patients or taxpayers. Fianna Fáil has long lost interest in what happens to patients and what happens with taxpayers' money. The Progressive Democrats Minister for Justice, Equality and Law Reform in some regards mirrors the attitude of the Progressive Democrats Minister for Health and Children in how we treat the people, for whom Fianna Fáil have given up all respect.

The Minister's attempt to portray himself as having some sort of "Kavanagh QC" like intellect was laughable. His nit picking was unbelievable. Most doctors do not need this legislation because they have separate good samaritan cover from their medical insurance providers. This legislation would only come into play for doctors after they retire. The Government has acknowledged that Deputy Timmins is correct, as it has forwarded the legislation to the Law Reform Commission to have it brought into play. The Government is finally waking up to the realisation that things need to be done here. I am sure Ireland is the only jurisdiction in the world not to have good samaritan cover to protect those who come to the assistance of people in an emergency. We need good samaritan cover and do not need a sneering Minister for Justice, Equality and Law Reform cocking his nose in the air, laughing at everybody who wants to help people in an emergency.

It is more in the Government's interest to wake up to what it should do to protect sick people. This is not to protect doctors or paramedics, who are covered already, even when they are off-duty. This legislation is to cover people who want to come to the assistance of people at the scene of an accident. However, society has changed and people have the perception that they might be sued after coming to the assistance of someone in an accident. This legislation is not to protect the person from being sued, but to encourage people to get involved in helping out.

The attitude in the country, in some respects driven by Government policy, is to isolate and individualise people and give up on communities. All the fine words about volunteerism and helping voluntary groups are nonsense unless legislation or actions by Ministers shows the Government believes in it. This legislation is about showing that we are interested in our communities and that people can get protection from the State if the person they assisted later feels that assistance provider did some harm and wishes to sue. This legislation would protect those people who offer assistance.

The Bill is not about the silly nonsense the Minister came out with regarding people being stuck up in a tree or hanging off the edge of a cliff. How many times has anybody in this House pulled somebody from the edge of a cliff? People hanging over the edge of a cliff or up in a tree are perfectly healthy and just want someone to pull them up. That has nothing to do with good samaritan acts. They apply when some form of medical assistance is brought to somebody in a serious situation. That is the basis of this very short legislation. If the Minister has a difficulty with it he should let it proceed to Committee Stage. We would then not need to worry about the fine mind of the Minister for Justice, Equality and Law Reform, Deputy McDowell, being tested to come up with a solution. The Law Reform Commission would do that for him by making proposals. On Committee Stage we can amend the Bill and bring it back to the House for Report Stage. We might for once show ourselves to have a progressive system of government that can introduce legislation that matters to people. Instead, however, we will see the same old nonsense coming from the Government side focusing on what might be wrong with the legislation. The Government has the opportunity and the resources. The Cabinet can refer this legislation directly to the Law Reform Commission. The Government should agree to allow the Bill to go to Committee Stage, where we can deal with the details.

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