Seanad debates

Tuesday, 5 July 2011

Civil Law (Miscellaneous Provisions) Bill 2011: Committee Stage

 

3:00 am

Photo of Martin ConwayMartin Conway (Fine Gael)

This is a measure that must be welcomed. All one has to do is refer back to the previous winter or the one before that when people could not get out of their homes. There was a certain reluctance on the part of some to spread the necessary grit outside of driveways for fear there would be an accident and they would end up being liable. Therefore, I welcome the provision.

I seek clarification from the Minister on one possible scenario. If someone acting in the capacity of a good samaritan were to spread salt outside a commercial premises there would be a financial benefit because it would provide easier access for customers. If that person does not receive any remuneration, and subsequently there is a problem, given the fact that it may not necessarily be regarded as a charitable act because somebody is going to benefit financially from it, would he or she be covered? This is something I would like clarified. However, the overall thrust of what he is proposing is welcome. Over the past decade and probably longer, it is increasingly the case that no matter what one does, even when trying to help people, one must look over one's shoulder. Even a person who helps somebody to change a wheel at the side of the road, if he or she does it wrong in some shape or form, could end up being liable if there is an accident afterwards. I ask the Minister to clarify this.

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