Dáil debates
Wednesday, 3 March 2010
Civil Liability (Good Samaritans and Volunteers) Bill 2009: Second Stage (Resumed)
Margaret Conlon (Cavan-Monaghan, Fianna Fail)
I also welcome the opportunity to contribute. At the outset, I commend Deputies Timmins and Charles Flanagan on the work they have done and on their genuine intentions in bringing this Bill before the House. However, as the Minister, Deputy Dermot Ahern, set out last night, the Government is in the process of preparing legislation which will be brought to finality shortly. I agree with the Minister's proposal to defer the Second Reading of the Bill for six months. As Deputy Blaney mentioned a few minutes ago, Members will remember growing up with the concept and practice of being a good neighbour, whereby a good samaritan was someone who helped out when one was in need or in a difficult position. However, with the advent of the Celtic tiger, this practice changed. In some respects, this may have been due to litigation or the fear of getting involved but it also was due to the fact that people were leading busy lives. Many people felt they had enough to do to mind their own business without minding or becoming involved in anyone else's business. Members will be familiar with the nosy neighbour, that is, the person who cannot mind his or her own business or stay out of other people's affairs. At a recent meeting of Castleblayney joint policing committee, I touched on this matter and recommended that people needed to revert to looking out for one another. I suggested that if something happened or if something suspicious was happening in an area, people had a duty to look out for another.
I welcome the Minister's statement that those who act with good intentions and go to the assistance of someone who is injured, ill, experiencing an emergency or in danger need not fear the threat of being sued for doing a good deed. I also welcome his statement that this situation would be set out in the Government's legislation.
Many Deputies this evening discussed volunteerism. It is important that we return to basics and that our young people begin to see and appreciate the value of and need for volunteerism. Thankfully, this country has a proud tradition in that regard. More than 500,000 people volunteer their services. They willingly give of their time and energy, make a considerable contribution to society and expect no monetary compensation in return. For them, the satisfaction comes from helping those who are less fortunate than themselves and community-based organisations in their areas. We all know of the dedicated people who train football teams, head youth groups and organise music or dancing lessons, community games, active retirement, meals on wheels, etc. The list is endless.
What happens if there is an incident and no qualified medical personnel are available? The person who is required to give assistance at the time must be protected. Our community is much richer thanks to such people and our children benefit from the experience, but a greater degree of legal certainty is necessary. The last thing anyone wants to do is discourage volunteerism or cause increases in the insurance premia of volunteer groups. The volunteer must be protected.
I welcome the Minister's comments regarding damage to property. In many situations, such damage is or could be a natural consequence of assisting someone in need. For example, if a neighbour is worried about someone who has not appeared in the local community for a number of days, he or she might break into the person's house to provide vital assistance before the emergency services arrive. If one encounters a car accident, one might need to damage the car to free someone. We do not want people to become paranoid about what might occur if they go to someone's assistance. Time might not always be available, so one would not be able to afford to delay.
I agree that the issue is complex and that every scenario must be examined and covered. In recent times, people have become litigious. This is unfortunate for society, in that the lure of the euro and however many zeros follow it in an insurance claim are uppermost in some people's minds. In September, I visited a friend whose son had brought home from school a personal insurance claim proposal form that he was to fill in. He asked me how much he would get if he broke his arm. Even at an early age he was considering the money he might get from such an accident. It is a mindset that we need to change.
Legislation is required. I am of the opinion that rushed legislation is not always good legislation. It is important that it be done properly and that we take everything into consideration. I agree with the manner in which the Minister is proceeding, namely, taking on board the recommendations of the Law Reform Commission, LRC, and incorporating the principles of its draft Bill into another Bill.
I thank Deputies for their input and for giving us an opportunity to discuss this matter in the House.
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