James Bannon (Longford-Westmeath, Fine Gael)

I thank Deputies Billy Timmins and Charles Flanagan for bringing this important legislation before the House. This Bill is basically about protecting the good samaritans in our society. These are the people who selflessly risk life and limb to save others, whether as members of voluntary organisations or individually. They currently do so knowing that in our litigious society, they are leaving themselves wide open to being sued for their trouble.

This Bill has been recommended by the Law Reform Commission in a recent report. Two significant developments have occurred to make the issue particularly relevant, namely, the rollout of defibrillators in public places and sporting venues and the promotion of active citizenship by the task force on active citizenship. There are more than 5,000 sudden cardiac deaths on average in this country every year, so it makes sense that defibrillators can be used to attempt to save lives without fear of prosecution. More than 500,000 people volunteer in the Republic, which is a third of the active adult population, providing the equivalent of 96,450 full-time workers. Their selfless work deserves to be free from fear of litigation.

This matter was previously examined in a Private Members' Bill, the Good Samaritan Bill 2005, which was followed in 2007 by a consultation paper and a seminar last May, leading to the publication of the final recommendations of the Law Reform Commission. I welcome the fact this Bill does not force ordinary people, under the provision of duty, to go to the aid of someone in danger. However, professionals such as gardaí and members of the Defence Forces should have the necessary training to provide a duty of care to the general population.

Cases such as that in Wigan, England on 3 May 2007, in which a young boy drowned because two police support officers made no attempt to rescue him, have never occurred in this country as far as I know. However, a lack of training and a lack of obligation to attempt a rescue could result in a similar situation. Surely there is a strong case to be made between the duty of a professional and non-professional person. I would be shocked to think that a member of any police force should be able to stand by while someone's life was at stake and still be immune to prosecution.

On the other hand, there was a recent case in the UK where a postman attempted to sue the woman who had come to his aid after he slipped on the snow, calling an ambulance and administering first aid. She subsequently rang the hospital to inquire about his condition. What did the postman do in return? He attempted to sue his rescuer, but dropped the claim when he discovered the issue would not be handled through insurers. This is just the sort of situation the Bill seeks to prevent. Fear of litigation should not be allowed to prevent people doing what is essentially their moral, if not legal duty to aid someone in distress. What has gone wrong with society when our first response to a cry for help is, "this is not my problem"?

People all over the world have become hardened to the distress of others, due to the "survival of the fittest" societies in which we live. This Bill is a chance to rectify some of the fears of litigation that people have been forced to endure. While the Bill goes a long way to alleviate those fears, the fact that rescuers are exempt from civil liability unless there is gross negligence means that unless one has specific training in first aid, life-saving procedures and so on, one's natural instinct to help could still by default lead to prosecution.

The Government's amendment shows its determination to sideline this Bill, as it did in 2005, replacing it with the civil law miscellaneous provisions Bill. This will negate the need for the Bill before the House to be read a second time in September. It will also ensure the Government will not be obliged to vote against the very necessary measures contained in this legislation. Shame on the Minister for allowing this to happen. I thought he had adopted a hands-on approach in his portfolio but it seems he has not done so. I hope the Taoiseach, when he reshuffles the Cabinet next week, will take the necessary action in respect of the Minister.

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