Civil liability of good samaritans and volunteers

1 The Law Reform Commission is an independent statutory body established by the Law Reform Commission Act 1975. The Commission s principal role is to keep the law under review and to make proposals for reform, in particular by recommending the enactment of legislation to clarify and modernise the law. This role is carried out primarily under a Programme of Law Reform. The Commission s Third Programme of Law Reform 2008-2014 was prepared and approved under the 1975 Act following broad consultation and discussion.

2 The Commission also works on specific matters referred to it by the Attorney General under the 1975 Act. Since 2006, the Commission s role also includes two other areas of activity, Statute Law Restatement and the Legislation Directory. Statute Law Restatement involves incorporating all amendments to an Act into a single text, making legislation more accessible. The Legislation Directory (previously called the Chronological Tables of the Statutes) is a searchable guide of legislative changes.

3 +353 1 Shelbourne Road Dublin 4 IrelandADDReSSTeLePhoneFAxemAILWebSITe+3 53 1 6377601 The Law Reform Commission is a statutory body established by the Law Reform Commission Act 1975 15 RePoRT(LRC 93 2009) Civil liabilityof good samaritans and volunteersthe Civil liability of good samaritans and volunteersRePoRTLRC 93 2009107954 - LRC good 120/05/2009 14 107954 - LRC good 220/05/2009 14:36 REPORT Civil liability OF GOOD samaritans AND volunteers (LRC 93 2009) COPYRIGHT Law Reform Commission FIRST PUBLISHED May 2009 ISSN 1393-3132 ii LAW REFORM COMMISSION S ROLE The Law Reform Commission is an independent statutory body established by the Law Reform Commission Act 1975.

4 The Commission s principal role is to keep the law under review and to make proposals for reform, in particular by recommending the enactment of legislation to clarify and modernize the law. Since it was established, the Commission has published over 140 documents containing proposals for law reform and these are all available at Most of these proposals have led to reforming legislation. The Commission s role is carried out primarily under a Programme of Law Reform. Its Third Programme of Law Reform 2008-2014 was prepared by the Commission following broad consultation and discussion.

5 In accordance with the 1975 Act, it was approved by the Government in December 2007 and placed before both Houses of the Oireachtas. The Commission also works on specific matters referred to it by the Attorney General under the 1975 Act. Since 2006, the Commission s role includes two other areas of activity, Statute Law Restatement and the Legislation Directory. Statute Law Restatement involves the administrative consolidation of all amendments to an Act into a single text, making legislation more accessible. Under the Statute Law (Restatement) Act 2002, where this text is certified by the Attorney General it can be relied on as evidence of the law in question.

6 The Legislation Directory - previously called the Chronological Tables of the Statutes - is a searchable annotated guide to legislative changes. After the Commission took over responsibility for this important resource, it decided to change the name to Legislation Directory to indicate its function more clearly. iii MEMBERSHIP The Law Reform Commission consists of a President, one full-time Commissioner and three part-time Commissioners. The Commissioners at present are: President: The Hon Mrs Justice Catherine McGuinness Former Judge of the Supreme Court Full-time Commissioner: Patricia T.

7 Rickard-Clarke, Solicitor Part-time Commissioner: Professor Finbarr McAuley Part-time Commissioner: Marian Shanley, Solicitor Part-time Commissioner: Donal O Donnell, Senior Counsel iv LAW REFORM RESEARCH STAFF Director of Research: Raymond Byrne BCL, LLM (NUI), Barrister-at-Law Legal Researchers: Chris Campbell, B Corp, LLB Diop Sa Gh (NUI) Frances Colclough BCL, LLM (NUI) Siobhan Drislane BCL, LLM (NUI) Claire Murray, BCL (NUI), Barrister-at-Law Gemma N Chaoimh BCL, LLM (NUI) Br d Nic Suibhne BA, LLB, LLM (TCD), Diop sa Gh (NUI) Jane O Grady BCL, LLB (NUI ), LPC (College of Law) Gerard Sadlier BCL (NUI) Joseph Spooner, BCL (Law with French Law) (NUI), Dip.

8 French and European Law (Paris II), BCL (Oxon) Ciara Staunton BCL, LLM (NUI), Diop sa Gh (NUI) STATUTE LAW RESTATEMENT Project Manager for Restatement: Alma Clissmann, BA (Mod), LLB, Dip Eur Law (Bruges), Solicitor Legal Researchers: John P Byrne BCL, LLM, PhD (NUI), Barrister-at-Law Elizabeth Fitzgerald LLB, (Criminology & Criminal Justice), Barrister-at-Law Catriona Moloney BCL (NUI), LLM (Public Law) LEGISLATION DIRECTORY Project Manager for Legislation Directory: Heather Mahon LLB (ling. Ger.), , Barrister-at-Law Legal Researchers: Margaret Devaney LLB, LLM (TCD) Rachel Kemp BCL (Law and German), LLM (NUI) v ADMINISTRATION STAFF Head of Administration and Development: Brian Glynn Executive Officers: Deirdre Bell Simon Fallon Darina Moran Peter Trainor Legal Information Manager: Conor Kennedy BA, H Dip LIS Cataloguer: Eithne Boland BA (Hons), HDip Ed, HDip LIS Clerical Officers.

9 Ann Browne Ann Byrne Liam Dargan Sabrina Kelly PRINCIPAL LEGAL RESEARCHERS FOR THIS REPORT Eleanor Leane LLB, LLM (NUI) Tara Murphy BCL, LLM (Essex) vi CONTACT DETAILS Further information can be obtained from: Head of Administration and Development Law Reform Commission 35-39 Shelbourne Road Ballsbridge Dublin 4 Telephone: +353 1 637 7600 Fax: +353 1 637 7601 Email: Website: vii ACKNOWLEDGEMENTS The Commission would like to thank the following people who provided valuable assistance, and a number of whom attended the Commission s Seminar on Good samaritans and volunteers on 20 May 2008.

10 Ms Phil Corcoran, St John s Ambulance Brigade Dr Ciaran Craven, School of Law, Trinity College Dublin Croi, University Hospital Galway Ms Mary Davis, Chair, Taskforce on Active Citizenship Dr Joe Galvin, Consultant Cardiologist, Mater Hospital Cardiology Department Ms Jacinta Hastings, Chief Executive Officer, Bodywhys Irish Mountain Rescue Association Mr Martin Kirwan, Civil Defence Board Mr Patick Little, Chief Executive Office, Migraine Association of Ireland Ms Cliona McCormack, Public Affairs Executive, Rehab Group Dr Morgan McElligott Ms Sharon McElligott, Murphy McElligott Ms Yvonne McKenna, Chief Executive Officer, Volunteer Centres Ireland Muintir na Tire Ms Ellen O Malley-Dunlop, Chief Executive Officer, Dublin Rape Crisis Centre Mr John O Neill, Civil Defence Board Mr Frank Watters, Dundalk IT Full responsibility for this publication lies, however, with the Commission.