Charles Flanagan (Laois-Offaly, Fine Gael)

I am delighted to be associated with this Bill in the name of my colleague, Deputy Timmins. The Bill reflects the twin objectives of reforming a harsh rule of law and recognising and protecting the good work of active citizens.

I am disappointed by the response to the Bill by the Minister for Justice, Equality and Law Reform and his junior colleague. It is clear that the only reason this Private Members' Bill will be voted down tomorrow night is that it does not come from the Government side. I regret having to say this once again during Private Members' time. I listened with intent to the Minister, but there is no reason this Bill could not be granted a Second Stage reading tomorrow evening and brought before the Select Committee on Justice, Equality and Law Reform. Having regard to the reservations and technical points made by the Minister and the Minister of State, there is every reason the Bill could be perfected and tailored to suit their needs during a couple of hours of debate. There is no other reason than that it did not have the Fianna Fáil stamp and logo. Once again, the Minister for Justice, Equality and Law Reform is playing the narrow, partisan, political card in a Dáil debate.

The fig leaf of the ministerial response is underlined by his assertion that Deputy Timmins's Bill will be incorporated in the Civil Law (Miscellaneous Provisions) Bill, which is No. 14 on the pink list, as announced by the Government in its legislative programme on 19 January. In the foreword to the Civil Law (Miscellaneous Provisions) Bill it is described as a Bill, "to establish a Courts' funds office to replace the accountant's office and assume other cash management and accounting functions, to make provision for an intoxicating liquor licence for the National Conference Centre and to provide for some miscellaneous matters". Nowhere is there a reference to the Civil Liability (Good Samaritans and Volunteers) Bill. Obviously, the Minister and his junior colleague had to engage in some panic measure today and yesterday and decided that this fig leaf would wash with members of the Opposition. It is a sad day for Parliament when Ministers must continually revert to the narrow partisan political agenda.

The reason for the Bill is obvious. Law students in a tort or criminal law lecture are generally advised, "Do not to rush to help somebody in trouble because if you do you will become liable for their welfare". The message from the Irish State is, "Do not help those in distress. It is more trouble than it is worth". That is a selfish and cynical message, particularly against the background of what the former Leader of the Government, Deputy Bertie Ahern, has prided himself on doing in the name of active citizenship. The cynical message of "Mind your own business, move on, turn the other cheek, turn the other eye" does not foster a sense of community, generosity, kindness or good neighbourliness. The State appears to suggest that citizens should look after themselves, step over people injured on the pavement, not rush to the aid of someone who has collapsed, turn the other cheek, look the other way and move on. I'm all right Jack.

Fine Gael saw the need for legal reform some time ago and Deputy Timmins, to whom great credit is due, introduced a Private Members' Bill in 2005. The Fianna Fáil-led Government, with typical intransigence, shot the Bill down. However, the Bill struck a chord with a significant number of people. The Law Reform Commission took up the baton and subsequently published a consultation document, followed by a full report with recommendations. The report, by and large, reflects the concerns of Deputy Timmins and of Fine Gael. As is customary, the Law Reform Commission included a draft Bill with its report, which is similar to Deputy Timmins's Private Members' Bill. There is ample evidence that the approach of Fine Gael and Deputy Timmins makes good sense. However, for reasons I have outlined and which, I regret, have become the hallmark of the Minister for Justice, Equality and Law Reform, the Government drags its heels and refuses to take action. The Fine Gael Private Members' Bill was introduced in 2005 but there was no response from the Government in 2006, 2007, 2008 or 2009. Now, in 2010, hey presto, we are informed by the Minister for Justice, Equality and Law Reform that the measure will be included in the provision for an intoxicating liquor licence for the National Conference Centre. It is most regrettable that progress on this matter ground to a halt, prompting Deputy Timmins to push reform in the Bill before the House tonight.

In 2007, two years after Fine Gael's Good Samaritan Bill was defeated by Fianna Fáil and the Progressive Democrats, the Taoiseach, Deputy Ahern, set up a task force on active citizenship. He claimed he was concerned that active citizenship had gone into decline, something I heard echoed by the Minister of State, Deputy Barry Andrews, and his Minister earlier this evening. Is it any wonder that so-called active citizens are getting thin on the ground when helping a person in medical distress could land one in court, liable for considerable damages and in serious trouble? Many people have become afraid to reach out to help others. Simply administrating first aid could leave one responsible for the subsequent welfare of the person being helped. These fears, undoubtedly, led to the reduction in civic mindedness referred to by Deputy Ahern in his active citizens endeavour. The fear of consequential injury or illness militated against people performing good samaritan acts.

At the same time there was a rise in sudden cardiac death syndrome, with a large number of people, many of them young people, dying each year. There was, consequently, a need for defibrillators, as outlined by Deputy Timmins. Voluntary campaigns throughout the country have seen the provision of defibrillators, particularly in sporting clubs. We even have one in the visitors' waiting room in Leinster House. These days, most community and voluntary groups have a defibrillator at hand. This is a wonderful and positive development.

There is still a missing piece of the jigsaw, and this was addressed by Deputy Timmins. Civil liability law needs to be reformed to ensure that good samaritans and those rushing to the aid of someone in need are not punished for their good works. Defibrillators have become commonplace because they are a vital tool in the saving of lives. A rapid response is crucial in the event of cardiac arrest. The Law Reform Commission notes, in its report, that when a person who has suffered a sudden cardiac arrest is defibrillated within five minutes his chance of survival is approximately 50%, and potentially higher in a younger patient. When defibrillation is delayed for ten minutes or more, there is virtually no chance of survival without cardiopulmonary resuscitation, CPR, while the chance of survival increases to between 10% and 20% if CPR is used. Therefore, a speedy and effective response is required if the chances of survival are to be increased. Training is essential for those who operate defibrillators and now almost every voluntary group has a person trained in their use.

A 2006 report by the national task force on sudden cardiac death syndrome, which the Law Reform Commission referenced, noted that Ireland has no good samaritan law to protect members of the public who go to the aid of another person. This legal difficulty has been noted time and time again. It is regrettable that the Government failed to act, in spite of the Private Members' initiative in 2005. The Law Reform Commission makes a number of recommendations which, by and large, reflect the provisions of the Fine Gael Bill before the House. It notes that parliaments in Australia, Canada and in many states of the United States recognise the importance of fostering civic mindedness by protecting good samaritans from civil liability.

Playing the narrow political card does this House no service. I know, from speaking to Fianna Fáil backbenchers, that they support this legislation and from speaking to Members in every party I know there is no opposition to this legislation, except for the fact that it does not contain the Fianna Fáil Party logo. I hope colleagues on the opposite benches will support the concept of volunteerism as championed in words by former Taoiseach, Deputy Bertie Ahern. Let us follow up in deeds. One positive deed we can undertake is to pass into law Deputy Timmins's legislation at the earliest opportunity and four years after it was unnecessarily and without justification shot down by Fianna Fáil and the Progressive Democrats.

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