Rónán Mullen (Independent) | Oireachtas source

I, too, was aggrieved to hear the news of the passing of Paul Anthony McDermott. While I had not met him often, I could say he was a friend. He was a wonderful lecturer when I attended the King's Inns and lectured us in contract law in the late 1990s. He had a full command of his subject and explained case law so brilliantly. He always saw the humorous side of a case and always brought it to our attention. In subsequent years, I met him and was always astonished at his productivity. As we know, he wrote on many subjects and, as Senator Bacik noted, he had expertise in criminal justice. He also wrote on res judicataand contract law. Nevertheless, he carried his knowledge and expertise lightly. He was always so courteous, kind and pleasant, and was a very nice person to be around. I met him in recent weeks with his mother but did not realise that his time on earth would be so short. It was so sad to hear the news and I offer my sympathy, as I am sure all Senators will, to his family and all those who worked with or admired him.

I propose an amendment to the Order of Business, to take No. 19, the Civil Liability (Schools) Bill 2019, before No. 1. Last year, the Oireachtas Joint Committee on Children and Youth Affairs held hearings on childhood obesity. One issue that emerged, not least in the committee's engagement with teachers' unions, was evidence, albeit anecdotal, that children in some schools are prevented from partaking in physical activity during breaktimes due to restrictions imposed by schools in this regard. We hear stories from time to time of instructions not to run in the corridor or in the schoolyard, but children are supposed to run, although perhaps not in the precincts of Leinster House. In general, it is important that we encourage physical activity and appropriate levels of recreation.

It is not that the courts have made decisions that are perverse where people have brought actions against schools. The courts have upheld common sense where actions of negligence or otherwise have been brought arising out of accidents or falls in school grounds. Nevertheless, there seems to be a fear in certain quarters in schools, and it is important that the ground underfoot be made a bit more solid in order that schools will be comfortable about recreational activity and allowing and encouraging it. Although the courts may not make decisions we regard as perverse, there is nonetheless some concern that because of uncertainty in the law, insurance companies settle cases that might not or should not succeed.

The legislation I have proposed will have two effects. It will provide legal clarity and a guarantee that where an adequate and appropriate system of supervision is in place, schools will not be held liable, although such appropriateness will have to have regard to various circumstances such as the relationships between children, and particular dangers and contexts in schools and so on. Similar to the good samaritan provision in other legislation, it will also provide that where teachers give care or assistance in the context of an accident, they can be assured that unless they were acting in bad faith or with gross negligence, they will be protected from liability. That is the purpose of my Private Members' legislation and I will be grateful if I can introduce it today.