Dáil debates

Wednesday, 3 March 2010

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

 

Photo of Andrew DoyleAndrew Doyle (Wicklow, Fine Gael)

I commend my colleague, Deputy Timmins, on bringing forward this Bill. Most speakers have outlined how cynical the public will become if Bills, which make perfect sense, are not adopted and if we do not get around to conducting our business in a more sensible manner without playing politics all the time. The Government amendment agrees with everything in the Bill. The Minister of State, Deputy John Curran, is a reasonable and progressive person who perhaps must agree with the party line on this. However, it makes no sense not to adopt this Bill.

Without volunteerism, nothing would happen. The value for money volunteers provide across a whole spectrum, whether the tidy towns, meals on wheels, cemetery committees etc., cannot be quantified. In most cases, people have public liability insurance and cover against any damage done to property etc.

This Bill specifically provides for those who go to the aid of people. Approximately seven years ago, Deputy Timmins and I were approached by a couple of people in County Wicklow who asked us to look into commencing a community first responders initiative. The then East Coast Area Health Board, which was responsible for the ambulance service, gave its time freely, sorted out all the issues around training and evaluation and trained the people. People whose cars were insured got clearance from their insurance companies if they had a full licence to go to a call out at any stage. It was not seen as doing something for hire, it did not change the status of the cover and there was no extra premium. People bought into the process.

Underlying that, there is a fear that somebody who goes in good faith to the aid of a person to offer medical assistance or to rescue him or her will be held liable if something goes wrong. The Bill is about absolving a person of that. Nobody goes through the evaluation system with the intention of going out to do somebody harm. This Bill gives people some reassurance that they will not be held liable and that litigation cannot be taken against them in a culture which has become litigious.

During the bad weather crisis, people were prohibited from helping others because of insurance and public liability issues. The Minister for Transport, Deputy Noel Dempsey, has indicated that he intends to change the law in regard to people clearing their footpaths, for instance, which is a progressive step.

I cannot understand why this Bill must be delayed until next September to be adopted. It smacks of the politicisation of a common sense issue. It makes no sense to the public, the Opposition and to most Members on the Government side.

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