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Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: The Bill contains only two sections and the Deputies are asking me to move on to the provisions that are appropriate. They are trying to say it is a good idea to amend the law though this legislation.

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: I am trying to work out whether the Bill is related to defibrillator services or whether it provides for a broad brush, which would ensure people stay away from accident scenes because differential levels of care would be introduced in circumstances in which it is not appropriate to do so. I would like to hear the IMO's views on this, since it represents many general practitioners. Perhaps...

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: Is a visit to an accident scene undertaken in the expectation of reward if one is a member of a group practice, which would charge for the call out? Does one owe a greater duty in those circumstances?

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: I know, but the Bill exempts health care professionals acting in the course of employment. Employment is defined curiously as "having been summoned or called to provide service or assistance for payment or reward". I presume this means in the course of an employment. However, the legislation has not thought through carefully two fundamental concepts, the first of which is whether people can...

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: It may not be the intention but why does section 2 state "or failing to act"? Second, I wonder whether the introduction of differential levels of liability for different health professionals is a good idea and how it would work in practice. With regard to group practices, is somebody providing a service for payment or reward if he or she is called out to treat an accident victim using the...

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: Unfortunately, a necessary precondition for this Bill to come into effect is that the person render emergency first aid assistance to a person.

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: First aid is not involved in or does not apply to pulling a child down from a tree, pulling a person off a cliff ledge or throwing a lifebelt to a person in a river.

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: Some people have a neck. This is a hole dug by the draftsman. I am asking the Deputies not to dig the hole any deeper, but to agree with me that there are broader questions that should be studied by the Law Reform Commission. It would be foolish to proceed with or accept this Bill which is fraught with difficulty and riven with internal contradictions.

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: It has its draftsmen.

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: I agree with that.

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: Who says it is?

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: Speak for yourself.

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: That is true.

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: The innate moral superiority of this is great.

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: I am not.

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: I am certainly not.

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: Does a GP who goes to the scene of an accident involving a GMS patient appear in expectation of reward?

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: What if he or she does know?

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: That is the point.

Good Samaritan Bill 2005: Second Stage. (6 Dec 2005)

Michael McDowell: Deputy Timmins's speech presenting this Bill unsubtly suggested I should accept it in the spirit of Santa Claus and that I would be hard-hearted to reject it, but the Bill is very badly drafted, badly thought through and would create more problems than it would solve. Section 2 provides that: Notwithstanding the rules of common law, a person other than a health care professional acting in the...

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