Dáil debates

Wednesday, 3 March 2010

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

 

Photo of Charlie O'ConnorCharlie O'Connor (Dublin South West, Fianna Fail)

I compliment Deputies Timmins and Charlie Flanagan on their work in bringing forward this Bill in Private Members' time. Without meaning to be flippant, I hope there is no division at 8.30 p.m., not only because of the nature of the legislation but also because I could otherwise be at Tallaght Stadium cheering on the Ireland under 21 football team in the game against Armenia. However, we are dealing with an important issue and I am glad that, as far as the Government is concerned, it is a work in progress.

The Fine Gael Bill seeks to implement the recommendations of the report of the Law Reform Commission, published in 2009, on the civil liability of good samaritans and volunteers. The Attorney General's request to the commission arose against the background of an earlier Private Members' Bill, the Good Samaritan Bill 2005, which was defeated on the basis that there was a dearth of Irish law on good samaritans and that any proposal to legislate in this area would require careful consideration. We are all pleased that the Government's legislative programme, published by the Chief Whip, Deputy Pat Carey in January, indicates that the civil law (miscellaneous provisions) Bill will be published in the current year. I understand drafting of the Bill is at an advanced stage and that it will include provision for the civil liability of good samaritans and volunteers through the implementation of the Law Reform Commission's recommendations in its 2009 report. Therefore, while the principle of the Private Members' Bill is accepted by the Government, as indicated by the Minister, Deputy Dermot Ahern, last night, substantial progress has been already made in the drafting of the Government Bill.

Various Members spoke about the importance of volunteerism. I was involved in an incident last year which I have thought about every day since it happened. On Monday night, 20 April 2009, as I left my office in Tallaght and walked towards my car, I became aware of a commotion close by. A young man named Gareth Farrell - I mention his name because I think about him every day - had just been involved in a motorcycle accident and by the time I reached him he was dead. I mention this incident because two people who were ahead of me on the path were already leaning down to kneel beside him. Without any fear or concern for the consequences, they sought to administer to and assist him in any way they could, but it soon became apparent that he was dead. I will never forget that experience and it has come to mind even more prominently in the context of this debate. If those people had paused to consider the possible consequences of any intervention, they might not have sought to assist the victim. It was to their credit that they were willing to offer their help without fear or hesitation. It is important that anybody in that type of situation should feel free to intervene.

Deputy Dooley referred to the importance of defibrillators. Members may be aware that I suffered a heart attack ten years ago. It happened at a Frances Black concert in the Civic Theatre in Tallaght. Several people came to my aid on that occasion when they could easily have decided to leave me be. Perhaps Deputy Timmins is thinking that a few people would not be at all upset if something terrible happened to Charlie O'Connor.

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