Dáil debates

Wednesday, 23 March 2005

10:30 am

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)

I agree that the Minister for Justice, Equality and Law Reform is quick to comment in soundbites and that a raft of legislation is proposed by his Department. Last year, however, there were 25,000 burglaries in this country. It is difficult to appreciate the terror and concern of somebody whose house has been robbed, not to mention the anxiety and fear caused if one finds somebody in the process of robbing one's property or invading one's home. According to English law, a person's house is one's castle. Article 40.5 of the Constitution states that the dwelling of a citizen is inviolable. It is the duty of the Government to enact legislation that provides protection for citizens.

Each night houses are being broken into and families are being terrorised. However, due to the lack of balance in the law, a father or mother who finds an intruder in his or her home is expected to retreat and where he or she cannot do so, must use only such force as is considered necessary or suitable. If a burglar has a baseball bat and a homeowner has a shotgun, the homeowner is expected to leave aside the shotgun, get a baseball bat and have an equal contest. It is not very feasible to do something like that at 4 a.m. I ask the Tánaiste to speak to the Minister for Justice, Equality and Law Reform. This is a matter of considerable concern to people all over Ireland. The law in this case is unbalanced and it should be tilted in favour of the victim. The Tánaiste is in a position to do something about that and I would like to see the Government act quickly on it.

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