Enda Kenny (Mayo, Fine Gael)

The continuous spate of break-ins and burglaries is causing increasing concern throughout the country. Yesterday, a County Mayo farmer was remanded in custody on a murder charge arising from an incident that occurred at his home last October. I do not wish to discuss individual cases but it is important that we discuss the law relating to homeowners who find themselves subject to an invasion of their home or to a burglary.

The law as it is currently applied places, in the first instance, an obligation on the person whose home is being burgled to retreat or find a method of retreating. If retreat is not possible, the homeowner is legally required only to use such force as he or she believes necessary. In other words, is one to tap an intruder with a five iron?

A person who discovers a burglar in his or her house at 4 a.m. is not in a position to anticipate how the courts will determine the position after a year has passed. In the heat of the moment, a person whose house or premises is being burgled must make a decision either to retreat and leave the burglars to do their business or to defend his or her home, property and, in many cases, family. Does the Tánaiste agree that the law in such cases is unbalanced against the victim, who must make a quick decision in the heat of the moment? Will the Government give this matter priority or has it plans to review the law in this regard?

Night after night, people armed with knives are breaking into and entering houses for the purpose of feeding their drug addictions, robbing property or, as happened in recent incidents, kidnapping families for criminal purposes. The law is unbalanced in this area. Does the Government plan to review the legislation with a view to restoring balance for victims?

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