John Perry (Sligo-North Leitrim, Fine Gael)

I am pleased to speak on this important Bill. I concur with what Deputy Clune said about the bankruptcy laws, having a second chance and the difficulties that arise for many businesses. It is clear when one compares the regulations in this country to those in the United Kingdom that it is unfair that people are not given a second opportunity.

It is said that small companies are the backbone of the economy. A total of 80,000 companies employ 800,000 people. Many viable businesses are closing at present due to the lack of working capital. It is unfortunate that a business can be closed for the want of a small amount of money. Staying in business or not surviving can be determined by the inflexibility of a bank to provide working capital. It is important we bear that in mind in terms of the regulation of the banking sector, the bank guarantee scheme and the State guaranteed loans for viable businesses. It is a pity the Government did not introduce this model of facility as it would safeguard and possibly eliminate the likelihood of bankruptcy and insolvency. Up to 30 companies a week are going out of business. Despite the best intentions in the past two years the situation has been compounded. The best of companies have been affected. When a company becomes bankrupt or insolvent that has a significant impact on families and communities. People find it very hard to accept.

We must encourage an entrepreneurial spirit in the economy so that people can develop enterprises. We must ensure people are self-sufficient so that they can create their own jobs. The main emphasis by the State is on Enterprise Ireland and IDA companies that employ 270,000 people. All the economists talk about direct employment, which we very much welcome, but the total employment they provide is 270,000 jobs compared to approximately 800,000 people employed by 77,000 micro and small companies who work 40-hour weekends and get little or no support. Such companies have been dealing with the economies of scale employed by banks in recent years which reduced the risk and gave out the most money to the least number of people. That approach meant their case files were considerably smaller and they were taking few investment risks.

Bankruptcy is a frightening word that goes back to the foundation of the State. It is a generational issue. It affects a person's ability to maintain his or her business and their pride in what they do. It also has an impact on the community. The last thing one wants is to have that term attached to one's business. Reform of the bankruptcy laws is long overdue. The bankruptcy focus has tended to highlight the big names of the banking and corporate world for whom little sympathy is evoked. Such people are guilty of reckless trading.

One must also consider investments by general practitioners, local business people, dentists and other small companies that bought a second property at the height of the boom based on the perception that everything was going fine and the economy was booming. Such people are now in negative equity and the banks are no longer giving out money. When one has no credit or no confidence, it is difficult to operate. People find it difficult to get credit. In addition, people are spending less due to the depressed economy.

It does not seem fair that people who are now bankrupt are also restricted for up to 12 years. The corresponding period in the United Kingdom is one year. When it is certified that a person has done his or her best to maintain a business we should offer them a second chance to restart. Subject to certain statutory obligations people could be given a second chance. The aim should be to punish those who have made grave mistakes with knock-on effects nationally. We must ensure that we assist ordinary people who face the prospect of bankruptcy. It is important to recognise the potential re-start of many small businesses. In the current climate it is a daunting prospect, and a lengthy and complicated procedure. The reform of our bankruptcy laws is urgently needed. It is very important that in the case of non-fraudulent bankruptcy, entrepreneurs should get a second chance and should be treated on an equal footing as companies starting for the first time.

The fear of bankruptcy and the extent to which it is punished means that Ireland loses some great entrepreneurs to the dread of failure, and it limits the risk takers at a small level also, not just on a grand scale. We must ensure there are still incentives for small companies to be created and not to be restricted by fear before they get off the mark. When I look at business regulation and the ten reasons why one should not go into business I have great respect for those who take the risk and who employ people. We should applaud such people.

If we are to kickstart Ireland's economy, we must revert to the small acorn. We must recognise people with potential and encourage enterprise and people with ideas in third level colleges. We should give them working capital to develop their ideas instead of putting them on aeroplanes to Australia or Canada. We should encourage people who have excelled in business to set up mentoring programmes.

Of the three critical supports for business, the Government has played its part in respect of the first, namely, bailing out the banks to the tune of billions of euro. One would imagine that the next step would be to have the banks support small companies, which would in turn retain jobs. However, the number of job losses has been significant because of the inability of companies to retain jobs. We must make it easier to employ people, cut down on the amount of red tape and retain and encourage existing companies. We should ask companies in every county how we can help them to hold onto their ten or so jobs. The current situation makes no sense. For example, an employer with 20 employees takes the risk of those employees in terms of PRSI. Instead of making the employer pay the full employer's contribution, we should provide a subsidy on the condition that he or she retain those 20 jobs on the basis of a 39-hour week as opposed to dropping them to a 24-hour week. It is a pity that people are not being given an incentive to hold on to jobs by reducing the amount they must contribute in employer's PRSI. Even that gesture would save many jobs in small companies.

Micro-companies receive little or no support. The emphasis has been on IDA-based companies. As the Minister of State knows from his region and as a businessman, an employer of ten people has a sizable responsibility to pay staff on time. The State has an obligation to recognise small enterprise. The backbone of our economy is constituted by the 80,000 firms that employ up to 800,000 people. We must develop laws to work with them.

Where innovation, research and development and entrepreneurial spirit are concerned, the banking sector has failed to deal adequately with the difficulties being faced by small companies. In the past two years, we have heard about nothing except bonds and the preservation of the banking sector. The latter is important but there is a question of rights and responsibilities. The banks received their due recognition from the Government, since the taxpayer has addressed, in terms of a bailout, the significant mistakes and bad judgments made by many bankers. NAMA's cost of €50 billion has removed that €50 billion from the economy, and with it any incentive to go on.

As alluded to by Deputy Clune, the issue of intoxicating liquor is important. In terms of public health, the problem of alcohol addiction is appalling. People are not going to licensed premises, but to off-licences. Between now and Christmas, the main supermarkets will have page after page in newspapers promoting the sale of below-cost alcohol. The current control of alcohol situation is unfortunate. Below-cost selling of alcohol should not be allowed, as those sales incentivise people to drink. For example, bottles of Powers Whiskey are being sold for €5 less than they cost. That amounts to €60 below cost per case. Cases of lager can be bought for €15. The amount of alcohol that can be bought for €50 is considerable and, in terms of the number of road fatalities, a major concern.

We are discussing public health awareness and preventative measures. This is a significant public health issue and we have a profound responsibility in this area. Licensees have a responsibility, but the Government of the day must ensure it has a strategy to promote compliance with licensing laws and to combat alcohol-related harm. If one wants to combat that harm, first on the list should be a ban on below-cost selling. It is the single greatest issue. Laws at the level of the retailer are being clearly established, but what we are discussing is the Government's duty. The new Government in the UK has examined related anti-social problems. In every housing estate, people can buy cases of lager.

I have observed the related anti-social behaviour. One may point to the buying of alcohol in pubs, but a new element has been introduced and the level of alcohol consumption has quadrupled. Even in these recessionary times, people's intake of alcohol has increased dramatically. Retailers have a moral obligation not to promote the sale of alcohol at below cost. From now until Christmas, the main promotions in newspapers will be page after page of below-cost alcohol. Enough is enough.

The explanatory memorandum states: "The proposal forms part of the Government's strategy to promote compliance with licensing law and to combat alcohol-related harm." Every retailer must comply with licensing law. Section 14 provides that the Minister for Justice and Law Reform or another body may prepare a code of conduct. This code is "for the purpose of setting standards for the display, sale, supply, advertising, promotion or marketing of intoxicating liquor". This is a far-reaching provision. What is meant by it? A voluntary code would not be good enough. Under the code, the Minister must have regard to:

(a) the need to reduce the risk of a threat to public order arising from the excessive consumption of intoxicating liquor,

(b) the health-related risks arising from the consumption of alcohol to an excessive extent,

(c) in the case of advertising, promotion or marketing of intoxicating liquor referred to in subsection (2), whether or not or to what extent such advertising, promotion or marketing is intended or likely to encourage the consumption of intoxicating liquor to an excessive extent.

This sounds well and I agree with it, but what plans does the Minister have to deal with these important health and public order risks? The only way to do it is by controlling the price. It is time that we address the matter of large supermarkets selling a case of 12 bottles at €60 below cost in promotions.

I welcome the amendment to the law on the civil liability of good samaritans. Deputy Timmins has discussed this issue many times and introduced a Private Members' Bill many years ago. It was visionary thinking, as it is important that the civil liability of good samaritans, volunteers and voluntary organisations be placed on a statutory footing and to provide legal clarity for persons who assist in an accident or emergency and those who engage in voluntary work for the benefit of society. The Bill includes a definition of a good Samaritan as a person who provides assistance, advice or care to another person in an emergency and without expectation of payment or other reward. The purpose of the Bill is to protect from liability those who go to the assistance of others who may be ill or injured as a result of an accident or other emergency. This Bill is designed to provide certainty in this legal grey area. A person who volunteers to assist others in need or in emergencies should have clear and specific legal protection. Society must send a clear message to those who choose to act in an emergency and this Bill provides that message. It must be safer and more rewarding to act in emergency situations than to do nothing. The law must send a clear signal that persons who act responsibly in emergencies will receive statutory protection.

I ask the Minister to extend the provisions of this Bill to include liability protection where persons take preventive action in the public interest. The present definition of a good Samaritan as a person who provides assistance, advice or care to another person does not adequately address the situation where a public-spirited citizen takes action in an emergency situation in a preventive capacity. To illustrate this need I refer to a recent experience in which an anti-social young person or persons moved a line of protective cones away from a construction trench along the side of a road to the middle of the road. The direct effect of this action was to force a two-way flow of traffic into a much reduced traffic space, resulting in an increased probability of a serious traffic accident.

In this situation, a local resident called the gardaí and then had to wait for council workers to come out and restore the traffic cones to their correct place. The resident considered moving the cones to the correct place but as it was early on a Sunday morning and traffic was light, and being in what he considered a legal grey area, he decided to wait. There are many emergency situations where a person has not yet suffered injury but a real and immediate possibility exists that personal injury will occur if urgent preventive action is not taken. The Bill should be amended to give good citizen protection to a person taking preventive action where there is real and immediate risk but no personal injury has yet occurred. In that area, the Bill is very welcome. These issues have been discussed in the House for many years and I am delighted to speak on the subject.

The Intoxicating Liquor Act went through many changes. The obligation and responsibility of the licensee are very important. However, the duty of care of the Government applies in public health concerns and in the area of preventive medicine. We all see billions being spent on the health budget but very little is spent on public health awareness. There is an obligation concerning sale of alcohol to minors; it is a big responsibility. There used to be a way of dealing with that but the responsibility lies in preventing the sale of alcohol to minors.

I hope the Minister will take this on board and deal decisively with it. In his health portfolio, the Minister of State, Deputy Moloney, will be aware of concerns about the under-cost sale of alcohol. We can talk about ways of controlling consumption of alcohol and concerns thereof. There has been a significant closure of licensed premises. People would be far better off going out for a social drink than buying cheap alcohol. One can buy a case of alcohol or a bottle of vodka for about €25. It would be better to encourage people to enjoy a social scene and not take the option of alcohol sold at a massive reduction or in under-cost sales. These actions are taken only to hold market share.

I am delighted the Minister of State is present because I know he recognises the role of small companies and people who create employment. Equally, he recognises the situation, being a licensee and knowing the difficulties encountered in the trade with discounts and sales. A common sense approach is needed in the good Samaritan Bill. I hope the Minister of State will implement the Government's intention in the area of under-cost sales. When the below-cost sales ban was removed the intention was to reduce prices considerably. That did not happen and the opposite has occurred. A great incentive was given to multiples which can buy at massive discount and have their own way to manipulate the system to ensure they have below-cost alcohol.

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