Alan Shatter (Dublin South, Fine Gael)

On the latter issue, this is an area about which I am particularly concerned. We had difficulties last winter when some people were worried that if they voluntarily cleared the paths outside their houses and someone later slipped there, they might be sued. Some shopkeepers in retail outlets across the country were vigorous in trying to tidy up areas adjacent to their shops while others did nothing. There was some confusion about where people stood legally in those circumstances. In the context of this legislation, I want to be clear that it does not yet deal with that aspect. It provides protection in situations in which a person who is working for an organisation engages in that sort of work, but it does not provide protection for individuals. I have asked about this within the Department and it seems to be a more complex issue than those dealt with in the Bill; however, I have asked for work to be undertaken in this regard. It is important that the law in this regard is clear. In fact, I believe that under the current law, if one undertakes such works in good faith, employing a reasonable degree of common sense, it is very unlikely one will be held liable in the event of an accident. Obviously, if one leaves a stack of ice in a location after moving it from point A to point B and someone slips on the hazard one has created, that is a different issue.

We are considering whether we can add further to the Bill by addressing the particular issue raised. I am not sure whether this can be addressed through the Attorney General's office in time to add it to this legislation; if not, it can be dealt with in a different Bill later in the year, not necessarily from the Department of Justice and Equality but from the Department of the Environment, Community and Local Government. We are investigating whether the issue can be dealt with during the Bill's passage through the Seanad, but I do not think it will be possible. If it proves possible, however, to deal with it on Committee Stage in the Dáil, I intend to do so. If I succeed, I may interrupt the Seanad's proceedings for a few minutes in the last week of July. However, under this Bill, where an individual working for an organisation, such as the Red Cross or a local voluntary organisation, engages in works of that nature, he or she does have protection.

Senator O'Donovan made reference to the community. As I have already said, the issue is properly addressed in the new section 51A of the Civil Liability Act 1961, in which voluntary work is said to mean

any work or other activity that is carried out for any of the following purposes:

(a) a charitable purpose within the meaning of the Charities Act 2009[.]

I have already made reference to the fact that charitable purposes are defined as something that is undertaken on behalf of the community. I thank Senator O'Donovan for raising the issue, but with regard to the terminology in which he partially addressed the matter, I respond by saying res ipsa loquitur.