Dáil debates
Wednesday, 3 March 2010
Civil Liability (Good Samaritans and Volunteers) Bill 2009: Second Stage (Resumed)
Denis Naughten (Roscommon-South Leitrim, Fine Gael)
I welcome the opportunity to speak on this legislation. I compliment Deputy Timmins on his persistence in respect of this issue. He first tabled a Bill some five years ago and, with Deputy Charles Flanagan, he is sponsoring this legislation.
From some of the contributions, one would believe that the Bill had been plucked out of the sky. As we know, the LRC was asked by the Government to consider the issue. The LRC conducted a detailed analysis, made a preliminary report, sought submissions on it and arrived at a final document and draft legislation, which Deputy Timmins has sponsored on behalf of the Fine Gael Party. I was very disappointed by the response of the Minister for Justice, Equality and Law Reform last night. I believed he was big enough to accept the legislation proposed by the Opposition. Instead, he has decided to long-finger the detailed recommendations of the independent Law Reform Commission, which are based on a report which was requested by the Government.
I hope the political commentators who call for a government of national unity will note the way the Government has treated this legislation, which every citizen and Member of the Dáil supports and which has been proposed by an independent commission of eminent lawyers and judges. The Government has turned its back on those recommendations. How can we expect the Government to work constructively with the Opposition and take our views on board when such a politically partisan approach is taken to the report of the Law Reform Commission? It is clear that the Government is not prepared to listen to constructive suggestions or proposals put forward by the Opposition. How can we expect the Government to consider proposals from this side of the House on complex issues of economic recovery when something as straightforward as this legislation is sidelined, purely because it is proposed by the Opposition? The Government says it wants to see the colour of our money and hear how we would right the economy, purely in order to ridicule the Opposition.
In the media, we see calls for electoral reform. One way to reform this House would be to give the Members a direct role in drafting and enacting legislation. We need political reform but, sadly, the Government is not big enough or open-minded enough to provide for it.
I compliment the Law Reform Commission on its detailed analysis and I thank it for keeping me up to date on the commission's progress on this legislation. Last night, a constituent of mine, Ms Eunice Langley, was in the Gallery. Through the Defibrillator Access and Resuscitation Association, DARA, she has trained more than 2,500 people in the use of defibrillators. She left the House last night, disgusted at the Minister's response to the Bill. Ms Langley cannot be here tonight because she is training another community in County Roscommon.
The purpose of this legislation is to protect those who come to the assistance of people who are involved in an accident or emergency. This is close to my own heart because a number of years ago, when my father was killed in a road traffic accident, the driver of his car would have died at the scene of the accident if a GP had not arrived and treated him at the location. The accident occurred only six miles from Portiuncula Hospital but he would not have survived the journey. He owed his life to that doctor. There are thousands of such individuals throughout the country who put their own lives at stake on a daily basis. They do not consider the issue of liability or insurance. The Government is turning its back on them by the decision to long-finger this legislation. Shame on it.
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