Alan Shatter (Dublin South, Fine Gael)

I propose to discuss amendments Nos. 2 and 3 together. I thank the Senator for proposing the amendment. I disagree in principle with absolutely nothing he said. Amendment No. 2 proposes to add a new subparagraph (d) to the provision which makes reference to the purposes of benefitting the community in the context of the definition of voluntary work. I am advised that the amendments are not necessary because the definition of voluntary work in the new Part IVA of the Civil Liability Act 1961, as inserted by the Bill, means any work or other activity that is carried out for certain purposes. The purposes include, by reference to the Charities Act 2009, a purpose that is of benefit to the community. In section 3(1) of the Charities Act 2009 a charitable purpose includes "any other purpose that is of benefit to the community". Section 3(11) of the 2009 Act provides a long indicative list of activities deemed to be of benefit to the community.

While I agree with the Senator that work done for the benefit of the community is clearly relevant to the definition of voluntary work for the purpose of the Bill, this in fact is already achieved in section 51A(1)(a) by the reference contained in it. Repetition would not add anything to the Bill or be appropriate.

With respect to amendment No. 3, again, I do not believe that the additional words proposed are required. The new section 51G in the new Part IVA of the Act of 1961 requires that in proceedings relating to the liability of a volunteer organisation, a court is required to consider whether it would be just and reasonable to find that the organisation owed a duty of care, having regard to the social utility of the activities concerned.

The benefit brought to the community by the activities of volunteer organisations clearly falls within the ambit of social utility. I do not believe it would improve the Bill to insert the additional words. If I was advised that the words proposed by the Senator were necessary I would without hesitation be willing to include them in the Bill but those matters are already addressed within the parameters of the Bill in the context of the proposed amendments to the law being made, as contained in it.