Michael Healy-Rae (Kerry South, Independent)
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Question 651: To ask the Minister for Justice and Equality if he is satisfied that there is sufficient legal protection in place to defend homeowners and occupiers from intruders; and if he will make a statement on the matter. [1292/12]

Alan Shatter (Dublin South, Fine Gael)
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The first recourse of any householder faced with a burglary should be, where circumstances permit, to the Garda Síochána. They are best placed to deal with violent offenders and to investigate offences.

The Criminal Law (Defence and the Dwelling) Act 2011 addresses those unfortunate situations where a householder comes face to face with a burglar. It was signed by the President on 19 December. I expect to sign a commencement order for the Act later this month.

The Act clarifies the law concerning defence of the home. It recognises in a very practical manner the special constitutional status of an individual's dwelling and makes it clear that a person may use reasonable force to defend themselves in their home. It allows for the use of such force as is reasonable in the circumstances, to protect people in the dwelling from assault, to protect property, to prevent the commission of a crime, or to make a lawful arrest. The Act -

· extends the right to use such reasonable force to the curtilage of the dwelling,

· explicitly provides that a person attacked in the home is not required to retreat, and

· provides that a person who uses such reasonable force cannot be sued by a burglar in respect of any injury, loss or damage arising from it.

I am satisfied that the Act provides robust protections for homeowners.