Written answers
Wednesday, 4 November 2020
Department of Justice and Equality
Charities Regulation
Steven Matthews (Wicklow, Green Party)
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107. To ask the Tánaiste and Minister for Justice and Equality if her Department is considering legislation that exists in other jurisdictions that is colloquially referred to as the "good samaritan" law in which those that donate food in good faith are prevented from potential liability and that this may include organisations and individual donations. [33984/20]
Helen McEntee (Meath East, Fine Gael)
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The Law Reform Commission Report on the Civil Liability of Good Samaritans and Volunteers (LRC 93-2009) made a number of recommendations for reform in this area.
Part IVA of the Civil Liability Act 1961 (inserted by Part 3 of the Civil Law (Miscellaneous Provisions) Act 2011) provides statutory protection to Good Samaritans and Volunteers, subject to the provisions of the Act.
While the interpretation of the law is a matter for the courts, no issues of concern with regard to charitable food donations of the type referred to by the Deputy have been brought to my Department’s attention. In the circumstances, I have no plans to bring forward amendments to the Act but will, of course, keep the matter under review.
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