Michael McDowell (Dublin South East, Progressive Democrats)

Sections 18 and 20 of the Non-Fatal Offences against the Person Act 1997 make statutory provision on the justifiable use of force in order to protect a person or property or to prevent a crime. Section 18 sets out the various purposes for which justifiable force may be lawfully used, that does not constitute an offence. The force used must be reasonable by reference to the circumstances believed by the person to exist. The purposes include the protection of the person or his or her family or another person from injury, assault or detention caused by a criminal act, protection of his or her property or property belonging to another from appropriation, destruction or damage caused by a criminal act or from trespass or infringement and prevention of crime or a breach of the peace. Section 20 defines the meaning of "use of force" for the purposes of section 18 and section 20(4) provides that the fact that a person had an opportunity to retreat before using force shall be taken into account in conjunction with other relevant evidence, in determining whether the use of force was reasonable.

Section 1(2) provides that for the purposes of section 18, it is immaterial whether a belief is justified or not, if it is honestly held. The presence or absence of reasonable grounds for the belief is a matter to which the court or jury is to have regard, in conjunction with any other relevant matters, in considering whether the person honestly held the belief.

As Deputy O'Keeffe is aware, it is important that within the criminal justice system we strive to achieve a balance between the competing rights of all those involved. While we all wish to protect ourselves, our families and our property from potential danger, we must also be accountable for the actions we take in such a situation if they go further than is reasonable in the circumstances. The legislation clearly states that the use of force is justifiable in certain circumstances and also what is "reasonable" use of force. It also provides that a belief of the need to protect oneself does not have to be justified objectively if honestly held and leaves this as a matter for the courts to decide.

In the circumstances, the law as it currently stands is sufficient and serves us well. However, if the Deputy has proposals for changes to the law in this area, I will examine them. I stress, however, that this is not an issue on which there should be issue-surfing. There is a delicate balance between the use of force by citizens and members of the Garda Síochána for their own purposes on the one hand and the protection of everybody in the community on the other. Nobody has spoken to me recently, or in the light of recent legal cases, of any reasonable grounds to change what is already set out in law as the correct balance between the right of self-defence, as it is commonly called, and the duty to uphold the rights of others, including not taking life unless strictly necessary.

See this speech in context