Barry Andrews (Dún Laoghaire, Fianna Fail)

That is to the Deputy's credit. This has been a collaborative effort between the Government and the Opposition. The public is crying out for that type of co-operation rather than the usual Punch and Judy stuff that goes on. We may pretend we are vicious fighting factions but the truth is far from that. We work best when we work together. In this case there has been a commonality of views on the issues that are arising in the course of the debate.

The amended motion from the Government side urges a postponement of the Second Reading of the Private Members' Bill given that drafting of the Government's civil law miscellaneous provisions Bill is already at an advanced stage. The principle of the Private Members' Bill is already provided for in the Government's legislation. Both Government and Opposition share the same objectives in this matter, namely, to protect from liability those who, acting with good intentions, go to the assistance of those who are injured or ill as a consequence of an accident or emergency, and to ensure that persons who volunteer to provide care, advice or assistance to others for the greater good of society have some clear protection in law.

There is an unfortunate perception among some members of the public that to come to a person's aid in an emergency or to volunteer for work in the community will leave them exposed to being sued in the event that some mishap or injury occurs as a result of their actions, no matter how ordinary or reasonable those actions may be. However, many decades of case law both in this jurisdiction and in comparable common law jurisdictions emphatically contradict that perception. The Law Reform Commission's 2009 report on this subject made the point clearly. In layman's terms, all that is expected in law of the average person is that he or she act reasonably in all circumstances and not behave in a grossly negligent way towards others.

However, because of the perception that one is vulnerable to suit if one participates in a rescue or in voluntary work in the community, there has been a call from voluntary groups and organisations for the Government to provide clarity and certainty in statute as to what is expected from those wishing to participate in various aspects of volunteerism. That said, Ireland has a long and continuing tradition of volunteering and active citizenship both at home and abroad. This Government has long been to the forefront in encouraging greater participation by its citizens in community life. Voluntary activity is central to developing civic-minded, responsible citizens who are committed to making a positive difference in the communities in which they live and work. Active citizenship is not just for other people; it is for each of us individually, as well as for the Government, business, the media, unions and various other organisations, to decide how we can engage with each other and create together a set of shared values for a better society.

The Government's focus over the past number of years, in terms of citizen engagement, has been to put in place measures to encourage greater participation by everyone in the issues that affect their daily lives. The issue of concern being addressed in the proposed legislation is one of ensuring that barriers to civic engagement, whether real or perceived, are minimised to the greatest extent possible. Where there may be fears of litigation against individuals genuinely acting as good citizens, one must alleviate such fears and provide a legal basis on which to protect such individuals who act for the common good.

During the consultation process conducted by the Law Reform Commission on this issue, Ms Mary Davis, who chaired the task force on active citizenship, was invited to share her experiences of volunteering in respect of the concerns of people who wished to get involved in voluntary activity. She outlined how the fear of litigation is a concern and is reflected in the difficulties that many organisations face in obtaining affordable public liability insurance. The extension of the group insurance scheme through the Irish National Community and Voluntary Forum was one of the recommendations of the task force, and this has been implemented through the Department of the Environment, Heritage and Local Government.

Significantly, the nationwide consultation and research that was completed by the task force in 2007 found an overwhelming willingness to participate despite the barriers that many experienced which hindered or prevented them from contributing time to community activity. It comes as no surprise, therefore, that capacity-building supports provided to citizens are of increasing importance in enabling them to influence in a positive way the decisions that affect them in their daily lives and which make it easier for them to become involved.

I believe the Government's efforts have helped to increase levels of community involvement and to generate a renewed willingness in Irish society to become involved and to help others. Some of these measures include supporting capacity development among community and voluntary organisations, particularly in the area of training; extending the number of volunteer centres to provide a link between organisations and volunteers throughout the country; completing an audit of community, sports and arts facilities to inform the Government on the provision of facilities and to identify opportunities for getting the best use of recreational facilities nationwide; strengthening local civic participation through legislation on local government reform; encouraging schools to make their premises available for the use of community and other groups after school hours; and developing a syllabus for a full optional exam subject called "Politics and Society" as an extension of the current civic, social and political education subject in the junior cycle, which at present gives students practical experience of active citizenship.

I also should note that as Minister of State with responsibility for children and youth affairs, it falls to me to discharge the Government's responsibility to ensure that the voice of children is heard in matters that affect them and to ensure that children try to take a more active part in citizenship. This is achieved through a number of measures, including the Dáil na nÓg process, which will meet in plenary session in Croke Park on Friday of this week and at which, together with other policymakers and civil servants, I will be obliged to face a rigorous cross-examination by representatives of comhairlí na nóg from all over the country over the course of the day and at which various propositions will be voted upon. This provides an opportunity to young people to genuinely influence policymakers on issues that affect them. Moreover, tomorrow I will attend the Young Social Innovators Speak Out forum at Griffith College, at which young people again will have an opportunity to share their experiences of various issues and to put together their views in this regard. Through such measures, the Government gives real effect to its obligations under the United Nations and the national children's strategy and to its intention to ensure that young people become involved in volunteerism and active citizenship.

Ireland is also fortunate to have such a long tradition of neighbourliness and volunteerism, which is not lost on the majority of people in today's fast-changing world. The traditional spirit of meitheal still thrives in this country, albeit in a different form, whereby the strongest communities are those which work together to deal with the many challenges of modern living. This was borne out in a report by the Central Statistics Office last July entitled, Community Involvement and Social Networks in Ireland 2006, which showed that almost two thirds of people regularly take part in voluntary or community activities. The Government's role is to continue to foster those higher values of neighbourliness, of caring and to facilitate citizens within and across communities who are committed to enhancing their local areas or to working to find solutions to local issues together.

Good samaritan legislation is one element in the broader policy area of volunteering and active citizenship that will assist in encouraging greater levels of civic engagement. I acknowledge that while progress has been made regarding many of the recommendations of the taskforce, in respect of policy changes that could enable greater levels of participation by young and old, the global economic downturn will inevitably adversely affect or delay the implementation process as Departments and Government agencies grapple with the difficult task of finding savings to alleviate pressure on the public finances. Ironically, an article published in The Irish Times in recent months reported a huge increase in the number of highly-skilled people engaging in volunteerism but noted the apparent link between this increase and the unfortunate rise in unemployment. Nevertheless, there is clearly a good base on which to encourage even greater citizen participation through the statutory copperfastening of legal protection from civil liability, within reasonable limits, for good samaritans, volunteers and voluntary organisations.

I thank Deputies Timmins and Charles Flanagan for their work in furthering this agenda. In commending the amended motion to the House, I re-emphasise that the introduction of this Bill by the Deputies was worthwhile because the Minister has made a commitment to the effect that it will find its way onto the Statute Book by the middle of this year. This is on foot both of the work of the Law Reform Commission and the work carried out in 2005 when Deputy Timmins originally introduced the Bill. I commend the amended motion to the House.

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