Pat Breen (Clare, Fine Gael)

I welcome the opportunity to contribute to the debate on the Bill and commend Deputies Timmins and Flanagan on its introduction.

When the Good Samaritan Bill was debated in 2005, a number of issues arose and the then Attorney General, Mr. Rory Brady, senior counsel, referred them to the Law Reform Commission, LRC, for clarification. The LRC published its final report last May and recommended that in order to give protection to those who were concerned that they might face litigation if they intervened and assisted as a good samaritan, rules should be clearly set out in statute. It also proposed that the legislation should provide a full defence against civil liability unless there was gross negligence. The Bill before the House would provide such assurances and also give solace to people who offer assistance in good faith that they would not be held liable as a result of their action.

Good samaritans are born, not raised. We have all witnessed the heroism that is displayed on a daily basis when in an emergency one person comes to the aid of another simply as an act of kindness. If someone is involved in a car accident, if he or she is seriously injured and if the car bursts into flames, moving him or her could save his or her life. However, the law must reflect this.

Other jurisdictions have been obliged to introduce legislation in this area as a result of court decisions. For example, the decision in the Van Horn v. Watson case in California led to the introduction of three items of legislation. The court in California held that non-medical good samaritans were not entitled to liability protection when there was an injury as a result of their actions. In this case, Lisa Torti moved Alexa Van Horn out of a car in the belief it was going to explode and that the latter would be burned. Alexa Van Horn alleged that the movement caused her subsequent paralysis.

In Canada the position on good samaritan acts varies from province to province. In Quebec people have a general duty to respond in an emergency. In British Columbia they have a duty to respond only where a child is endangered.

As Deputy Timmins indicated, when Diana, Princess of Wales, was killed in a car crash in Paris, the focus was placed on the paparazzi who had taken pictures of her following the accident. Under French law, the photographers involved could have been accused of a criminal offence for failing to provide assistance for a person in need. Ultimately, three photographers were each fined a symbolic €1 by the French appeals court for taking pictures of her and that was the end of the case.

The law should not discourage people who arrive on the scene of an accident from offering the best help possible. Sadly, in an emergency members of the general public can be deterred from assisting others. This is because they are afraid they will be sued.

Irish people are renowned for giving help during a crisis. During the worst of the recent flooding and also the cold snap ordinary men and women rose to the challenge and assisted the emergency services. I saw evidence of this in my constituency in County Clare where people filled sand bags, provided assistance for their neighbours, gritted roads and helped individuals being evacuated from their homes. When the crisis was at its height, an elderly man went out to feed his cattle. On failing to return, a major search got under way. The Garda, Civil Defence and local volunteers found him and he was rescued by the Irish Coast Guard helicopter.

The increase in the number of sudden cardiac deaths among young people has resulted in the availability of a greater number of publicly accessible defibrillators. However, the HSE's 2008 guide for cardiac first responders notes that civil liability is a stumbling block for some communities. If we are to encourage these communities to use defibrillators, legislation to provide for legal indemnity must be put in place.

Ireland has a history of voluntarism. Over 30,000 volunteers assisted in the Special Olympic Games in 2003. According to the 2006 census, 553,000 people are involved in voluntary activity of some form or other. We must ensure we continue to support and encourage voluntarism. The Bill before the House would provide a legal framework for volunteers to continue to lend a hand in our communities. It would also provide protection for good samaritans, without whose actions many lives would be lost. There is no reason for the Government to fail to support the Bill. It is letting the people down in this regard. I, therefore, ask the Minister to reconsider the position.

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