Dáil debates

Tuesday, 2 March 2010

Civil Liability (Good Samaritans and Volunteers) Bill 2009: Second Stage

 

12:00 pm

Photo of John O'MahonyJohn O'Mahony (Mayo, Fine Gael)

Like previous speakers, I welcome the opportunity to contribute to the debate on the Bill. I commend Deputies Timmins and Flanagan on its introduction. When the Good Samaritan Bill was introduced in 2005, it was referred to the Law Reform Commission which I understand has given its imprimatur to that legislation.

In the light of the history of the Bill and the fact that it is necessary, non-contentious and would not involve a cost, I am disappointed that the Government has tabled an amendment and intends to hide its provisions away in a Bill which will be introduced later in the year. I appeal to it to reconsider its position prior to the end of Private Members' business tomorrow night.

There has always been a need for legislation of this nature. Its passing at this time would be appropriate, particularly as voluntarism and active citizenship are required now more than ever. We witnessed the appetite for voluntarism during the flooding that occurred prior to Christmas and also during the recent cold snap. People could not do enough to assist their neighbours or those who were isolated or in danger.

I have worked as a volunteer in my community, both as a sports coach and as a teacher, for all of my adult life. I also benefited from the services of volunteers during my time as a player. In the good old days people were prepared to become involved because they were not concerned about litigation or anything else. However, the position has changed to a major degree. I am aware of many people who would love to assist sports clubs or community organisations but who are afraid to become involved. It is not worth the hassle if there is a threat of litigation. During the cold snap shopkeepers were afraid to clear snow and ice away from the front of their premises for fear that they would be taken to court in the event that something untoward happened. Clarification was provided in respect of such circumstances but that which I have outlined is an example of the fear among people and highlights why the Bill is necessary.

When I worked as a teacher, I took charge of numerous sports teams and witnessed at first hand the need for legislation of this kind. This is particularly the case in the light of the cutbacks in education funding in recent years. Previously, a couple of teachers would accompany school teams to matches at other schools' grounds. That is no longer possible. In addition, one teacher would look after the team if the other was obliged to take an injured player to hospital. Again, this is no longer possible. As a result, trainers face a dilemma if a serious injury occurs. The individuals concerned must decide whether they should remain with the team or accompany the player who has been seriously injured to hospital. I was placed in such a position during a match and obliged to ask someone in attendance to bring an injured student to hospital. However, the individual in question was afraid to do so owing to concerns about what might happen on the way to the hospital. Such situations could be avoided if legislation such as that before the House was on the Statute Book.

Deputy Timmins referred to defibrillators. A few years ago everyone was touched by the death of Cormac McAnallen. That was a tragedy which could have been prevented. I am not stating legislation such as that before the House would resolve everything but it would certainly help us to avoid tragedies such as that which befell Cormac McAnallen.

Everyone knows the importance of encouraging community spirit. At a time when many thousands are in a position to give of their time and expertise, they should be allowed to do so. The Bill is non-contentious and would not involve a cost. It should be above politics. It would reflect well on politicians and all parties in the House if the Bill were accepted. I appeal to the Minister to consider this fact before the matter is pressed to a vote tomorrow evening.

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