John Perry (Sligo-North Leitrim, Fine Gael)

I welcome the opportunity to say a few words on this important Bill introduced by my colleagues, Deputies Timmins and Charles Flanagan.

The purpose of the Bill is to protect from liability those who go to the assistance of others who may be ill or injured as a result of an accident or other emergency. The Bill is an important and necessary addition to the legal protection available to those who volunteer to assist others in need or in emergencies. It fits into the general framework of legislation covering the relationship of responsibility between the conscientious citizen and society. People have a responsibility to raise genuine concerns about dangers to public safety, fraud or other serious malpractice.

Under certain legislation, there is now a specified duty on persons to report concerns. Typically, these persons have a duty of confidentiality, but they also have an overriding duty, in the public interest, to report misconduct to the authorities. Typical areas covered include accounting fraud, tax evasion, insolvency, bankruptcy, financial services for money laundering and proceeds of drug trafficking, child protection and mandatory reporting of suspected abuse. In all of these cases there is a legal requirement to act and to disclose. Contrast that with the legal protection available to those who volunteer to assist others in need or in emergencies. There is no legal obligation or positive duty on citizens to intervene to assist an injured person or someone who takes ill suddenly. Neither is there any specific statutory protection where persons act in the public interest to assist an injured person or someone who takes ill suddenly.

We have a classic situation of having a legal requirement to talk to the relevant authorities about particular financial services and child protection situations and full legal protection for those who talk, where the communication with authorities is made in good faith. The contrast with someone in an emergency situation, injured or ill could not be greater. The concerned citizen can talk elegantly about what should or should not be done. He may or may not call emergency services. If he or she does not call the emergency services there will, in all probability, be no legal consequence. However, if the concerned citizen, out of a sense of common humanity and good citizenship, volunteers to provide practical emergency assistance to the person in need, the legal protection available to that good Samaritan enters a grey area.

This Bill is designed to provide certainty this legal grey area. A person who volunteers to assist others in need or in emergencies should have clear and specific legal protection. Society must send a clear message to those who choose to act in an emergency and this Bill provides that message. It must be safer and more rewarding to act in emergency situations than to do nothing. The law must send a clear signal that persons who act responsibly in emergencies will receive statutory protection. This Bill provides that safety net to good Samaritans and it is very important legislation.

Deputy Timmins has been working on this legislation for a number of years and raised it in the previous administration. This issue has gone on for far too long. As Deputy O'Mahony stated, people are very litigious and it is amazing what happens after people fall and someone comes to their assistance. Legal entities can take over and it can become a matter for litigation.

I applaud the availability of defibrillators. We have a very large voluntary sector which acts very correctly. They are very positively-minded. The Order of Malta and other organisations give of their time voluntarily. Having the legal protection that would be provided in the Bill makes much sense.

The Minister is very practical and considers matters in a sensible manner. Taking on board this Bill would be the intelligent thing to do. It would send a very clear message to those in the voluntary sector. I have no doubt people act very responsibly in emergencies and do not consider or size up the legal risks. However, accepting the Bill would reassure civic-minded people and give them the confidence to participate on voluntary defibrillator courses. They are now in almost every sporting club and I applaud those who raise money to have defibrillators readily available. It is very important.

I compliment Deputy Timmins. He has campaigned vigorously for the introduction of the Bill and I congratulate him on it. I hope the Minister will acknowledge his efforts and enact the Bill as quickly as possible.

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