I welcome the opportunity to speak on the Civil Liability (Good Samaritans and Volunteers) Bill. The initiative shown by the Opposition and by Deputy Timmins in particular must be recognised. I also am aware that Deputy Carey has a great interest in this Bill and the initiative shown in this regard is appreciated. However, as indicated by the Minister, Deputy Dermot Ahern, the Government is in the final stages of preparing its own legislation, which I believe will address the matter a little more efficiently. It is vital that legislation on this matter be drafted cautiously, which is what the Government is in the process of doing at present. It is of paramount importance that an individual who goes to the aid of another who is hurt or experiencing an emergency and who does so with good intentions should not be concerned with the possibility of being sued as a result of his or her intervention. Members have recounted different stories and all are familiar of examples from their own experiences in which they personally have been involved. Many members of society go to the aid of individuals and while it probably is the last thing on their minds, Members should do everything they can to protect them. I am glad this initiative has been made and that the Minister is keen to move on with legislation.

Active citizenship must be promoted now more than ever, given the nation's economic instability. Active citizenship was a given in Ireland in the past in communities in which everyone helped one another out, everyone knew one another and looked out for one another. Unfortunately however, we have grown to become much more independent as individuals and while this is a good thing to some degree, I believe it is time to revive the element of looking out for one another. I grew up in a rural constituency in County Donegal in which it certainly was the case that everyone in the local community knew everyone else. Moreover, times were very different and people were not in the same rush as today. Times have changed and people's approach to one another consequently also has changed and this should be reconsidered. I believe the pace of life is too fast at present for the good of people's health. While I certainly welcome all the technological advances and so on, human beings can only take so much and people appear to be running from pillar to post. Nearly everyone in society today has an extremely busy life, which certainly was not the case when I was growing up.

There is a very real threat of volunteerism due to civil liability uncertainty. There also is the added worry that insurance premiums may increase for volunteer groups. As public representatives, all Members are informed about the good work done by voluntary groups and about the damage that increased insurance costs would cause to them. It is evident that clarity in law in respect of civil liability is required and this issue was raised by Deputy Timmins as long ago as 2005. It was referred to the Law Reform Commission in 2006 due to various concerns about the original Bill. The Government has accepted the recommendations of the Law Reform Commission and will incorporate them into the proposed civil law and miscellaneous provisions Bill, which is in the course of being drafted for publication during this Dáil session. I welcome this step and hope it meets the approval of Deputy Timmins.

Various issues have arisen that require further attention to ensure this matter is addressed appropriately, which is not the case in respect of this Private Members' Bill. The Bill envisaged by the Government will contain additional safeguards in respect of civil liability to ensure anyone in need is not deprived of assistance due to fear of liability. It is intended that there will be no general duty on any category of persons to attempt to assist or support another person at risk or in need of aid. A statutory definition of volunteers also will be determined as those who act voluntarily and without expectation of payment or other reward in providing assistance in emergency situations or for the benefit of others. In order to encourage volunteerism and active citizenship, which I believe to be vital at present, the Government Bill will provide a statutory framework for the civil liability of good samaritans and volunteers to provide clarity and reassurance on the common law position. It also will provide a standard of care for good samaritans and volunteers, which only will impose liability in the case of gross negligence, the test for which will be set out. Furthermore, it will provide a standard of care for voluntary organisations or undertakings, which will impose liability in circumstances of ordinary negligence. Perhaps most importantly, it will ensure that account should be taken of the benefits which have accrued to society because of a voluntary organisation's work in determining whether it is just and reasonable to impose liability. I welcome the input of Opposition Members on this matter and look forward to issues in respect of volunteerism and civil liability being clarified and addressed appropriately through the Minister's Bill.

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