Timmy Dooley (Clare, Fianna Fail)

I welcome the opportunity to contribute to the debate on this Private Members' Bill which, as other speakers have indicated, seeks to implement recommendations brought forward by the Law Reform Commission. The focus of the Bill is the civil liability of good samaritans and volunteers. I understand it arises out of concerns that Deputies opposite, in particular Deputy Timmins, raised on a previous occasion.

The necessity to put in place this type of legislation is widely recognised. The only difference between any of us tonight is the extent to which the necessary protections are put in place. While I would prefer the Bill to have been enacted much more quickly, it is important to ensure we get it right and that we do not leave gaps in the legislation that will add to or create a greater level of difficulty for those who might find themselves on the receiving end of a law suit.

It is sad that such legislation has to be enacted. Society has moved to a more litigious stage of development. We appear to be following the trend that was established in the United States of being overly litigious, what is often referred to as an ambulance-chasing culture. Some of that is driven by the legal fraternity and it is also driven by those who seek to gain financially from whatever situation at any opportunity. Such acts are deplorable but they happen and protection is required, especially for all of us whose natural instinct is to reach out to assist someone who has been involved in an accident or emergency. As Deputy Kathleen Lynch indicated, there are other instances in which people find themselves in a perilous state and in need of assistance from others. It should be the case that people are free to give of their time, assistance and skills in such as way that they do not have to second-guess what might be the outcome for them from the point of view of having to face the courts.

It is also important that the legislation would be clear on the position of a professional such as a doctor or nurse who offers assistance while off-duty and that protection would be provided for them when their professional indemnity insurance would not come into play.

We must ensure protection is provided to voluntary groups such as the GAA and soccer clubs. We are all well aware of the tremendous efforts made by members of such community groups. In County Clare various groups such as GAA clubs, soccer clubs and scout groups assisted during the flooding crisis and the severe frost we had after Christmas. They operated mechanical equipment and assisted people who were in difficult circumstances. We need to ensure the legislation that is produced provides protection for them. It would be too much to expect that such groups would have to put in place insurance for those voluntary acts that fall outside their terms of reference or the codes to which they normally ascribe. Where a group of volunteers comes together to respond to a mini-disaster or crisis that includes members of the local GAA club or community group, the association of which they are a member should not incur liability for anything that might arise. We must clarify all these issues regarding the provision of services that are primarily for the assistance of others and, in so far as possible, remove the potential for liability attaching to the corporate bodies such as the Garda Síochána or other arms of the State. I hope these issues will be taken into account when the civil law (miscellaneous provisions) Bill is published in this session. It is important to have clarity in these matters.

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