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Seanad
‹ An tOrd Gnó - Order of Business

Volunteers and McDermott tributes

Summary

Murnane O'Connor praised Community Games volunteers, while Rónán Mullen paid tribute to Paul Anthony McDermott. Gavan then moved to broader remarks about food banks and economic justice in Britain.

I raise the issue of volunteers because we need to be positive about them. Last weekend, the Community Games national movement held its national awards ceremony in Carlow. The organisation, which prides itself on inclusion and participation, was founded in 1967 and is still going strong today because of the people who make up a vital part of the organisation, namely, the volunteers on the ground. I was delighted to celebrate the national area volunteer and media awards with all the hardworking volunteers, who are the engine behind the Community Games machine. I was struck by the sheer number of them and the range of people involved - young, old and everything in between. A volunteer gives up his or her time for others, in the service of others and with others. They are the definition of selfless, freely giving their valuable time to something larger than themselves. Many of the volunteers I met from Carlow and elsewhere in the country lead busy lives, yet they find time somewhere to give themselves to the Community Games. Whether as coaches, organisers or committee members, they all provide a service without which the community games could not succeed. The children who get to participate in this incredible organisation can do so only if there are volunteers to guide them.

I congratulate, thank and applaud all the volunteers, and everyone who, in his or her day-to-day life, year after year, works tirelessly for no reward, just the joy of being part of a community. We all need to compliment them and say, "Well done." So many other serious issues have been raised today, such as those relating to women in abusive circumstances, violence and drugs, and we must work on them. Nevertheless, when there are great organisations such as the Community Games, with so many volunteers, it is important that we recognise them and give them the credit they are due.

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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 judicata and 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.

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I looked at some British news the other day. One of the starkest statistics I have seen is that there are now significantly more food banks in the UK than there are branches of McDonalds. There are 2,000 food banks as opposed to 1,249 branches of McDonalds. This reflects how far backwards British society has gone over the past 30 years. I grew up in London and am proud to be a member of the London-Irish community. My mum and dad worked in factories all of their lives. They were not well paid but we had a national health service, free education and my parents were able to give us a decent future. That, in turn, helped me when I came home because my oldest brother was in a position to help fund my education. I am saying this because I am not going to be here tomorrow and I want to appeal to the Irish across Britain, in particular in London, to use their votes wisely tomorrow.

It so happens that today, in 1982, was the last time a band called The Jam played. I was always a big fan of The Jam, whose last gig was tonight 37 years ago, which is a bit scary. Paul Weller wrote his most famous song, "Going Underground", in response to Thatcher getting into power. I will quote the lyrics because they are directly relevant today.

You choose your leaders and place your trust

As their lies wash you down and their promises rust

You'll see kidney machines replaced by rockets and guns

And the public wants what the public gets

But I don't get what this society wants

I hope with every bone in my body that the British people have the common sense to reject Johnson-----

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-----reject Thatcherism, and reject the right-wing economics that have destroyed society over there.

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I echo Senator Gavan's remarks. This is probably the first time those lyrics were quoted in the Seanad.

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Or in any parliament.

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