A bill that seeks to provide “Good Samaritan” style support for teachers when children are injured was passed to the second stage of the Seanad yesterday.  

The Civil Liabilities (Schools) Bill seeks to protect schools from being sued over schoolyard accidents where they have an “appropriate system of supervision” in place. 

Independent NUI Senator Ronan Mullen told Newstalk Breakfast he introduced the bill to let schools and courts tell the difference between accidents and negligence.  

“Trivial things” 

“There are a lot of cases over the years where schools have been sued over what looked like trivial things on the surface,” he said.  

“Really bad things can happen, and people can be grossly negligent. But generally speaking, the courts have been taking the view that this is normal type school yard situations.” 

Despite that, many schools have developed an ‘iceberg principle’ where they settle cases brought against by parents to prevent the “hassle” of defending themselves, according to Senator Mullen.  

No liability  

Senator Mullen said his bill will ensure “that there is protection for schools where they have an appropriate system of supervision in place, they shall not be liable for injuries”. 

He said the bill will also ensure teachers are not liable for “Good Samaritan” behaviour if they try to help children who are injured or ill in the schoolyard.  

Senator Mullen could not be sure how many teachers feel they cannot help students for fear of liability – but he is creating legislation to ensure no one is afraid. 

“What I'm seeking to do is to codify and copperfasten legislation,” he said. “What you want is a situation where insurance companies and educators can be encouraged that the law is on their side, unless they're grossly negligent.” 

No-run policies 

Senator Mullen said stronger legislation on schoolyard liability could also reduce the need for ‘no-run’ policies in schools.  

He said the Oireachtas held a hearing on childhood obesity in 2018 and school representatives agreed the no-run policy are “restrictive” and “no good for children”.  

Senator Mullen said the Government at the time was recommended to study how much no-run policies influence schoolyard liability issues.  

He said he is “not aware” if such a study took place and said the current Government should survey schools now.