Seanad debates

Thursday, 30 June 2011

Civil Law (Miscellaneous Provisions) Bill 2011: Second Stage

 

1:00 am

Photo of Paul BradfordPaul Bradford (Fine Gael)

And court cases. I suppose they always will be. I am not a legal expert and, thankfully, I have not had to be a right of way expert, so far. I noted what the Bill provides regarding the registration period 2012 to 2021. What happens if that is not acted upon and the registration is not completed between 2012 and 2021? There will always be people who are left out of the loop.

Part 2 deals with the extension of civil legal aid to victims of human trafficking. We all welcome that. How do we put in place the maximum possible measures to allow victims of human trafficking to come forward? I know great work is done by social workers, gardaĆ­, immigration officers and others, but hearsay evidence suggests a great number of victims of human trafficking live in the shadows. We must try to ensure as many of those victims as possible can come forward.

The proposals on good samaritans are very welcome. I concur with what the previous speaker said. We need to define a good samaritan, in so far as we can. How far can we broaden this legislation? The Minister said he would see if further changes could be introduced on Committee Stage.

Last year, I came across a query regarding a meals on wheels scheme. The scheme, facilitated by nuns with three or four volunteers using their own cars to deliver the meals, encountered a difficulty because insurance companies were claiming that volunteers delivering meals on wheels had to have additional car insurance. This requirement caused the scheme to close down because the people delivering the meals could not afford the additional insurance. I am not sure which Department is responsible for such situations but if we are to encourage good samaritans, such situations must be dealt with.

The Minister mentioned the safeguards the legislation would provide for people clearing roads, removing snow or leaving out salt or sand in bad weather. This is an obvious intervention that the Bill will deal with. Those of us who come from rural constituencies receive a large number of queries from people who live on particularly bad or potholed roads and who are willing to fill the potholes themselves but are afraid to do so because of insurance and liability issues. Could the Minister address this issue, either himself or with the Minister for the Environment, Community and Local Government? If a person is willing to fill a pothole outside his or her gate, can the person be given some degree of legal cover in order that they will not be sued by someone else?

In Part 4, I note what the Minister said about the Private Security Authority. I welcome the provision of additional powers to inquire about individuals who are running security companies. We have made much progress in the private security area but a difficulty persists with a minority of companies. The new legislation will be a help in that regard.

I repeat what the previous speaker said about the licensing laws and the establishment of a new code. We must acknowledge again, as the House has done previously, the country's massive alcohol problem stemming from an alcohol culture. It is causing social and human misery throughout the country and needs to be tackled. We need a more substantive debate on this issue.

The Minister stated his willingness to consider any additional measure which may be practical. I am not sure how practical this is and it is not my job to speak for Opposition Senators but Senator Leyden has presented to the House on several occasions a Bill dealing with the registration of wills. To most Members it seemed a common-sense measure to have legislation to allow the registration of wills. I am not speaking on behalf of Senator Leyden but I ask whether it might be possible to include in this legislation that very desirable minor change in the law. I look forward to the Minister's response and I thank him for his attendance in the House today.

Comments

No comments

Log in or join to post a public comment.