Michael McDowell (Dublin South East, Progressive Democrats)

Deputy Jim O'Keeffe has stated that he believes the balance might be recast somewhat in favour of the home owner. Let us see the colour of his money on this issue. Let us see exactly how he believes that should be done. If he wishes to do this, the Criminal Justice Bill provides an opportunity for the House to consider the issue. If the balance that was struck in 1997 in the legislation introduced by former Deputy Owen is inadequate, improper or ill-advised in the light of modern circumstances, let us see the exact circumstance and changes that the Deputy has in mind.

It is easy to speak about these matters and to assert that one would like to shift the pendulum a little to the left or the right. It is not so easy to define a case where an action would constitute an offence under existing legislation but would not do so if a slightly different test was introduced.

I agree with the Deputy that the recent highly-publicised case has nothing to do with this issue because nobody in this House will suggest that a person, having shot and beaten another, should be at liberty to return to a shed, reload his or her weapon, hunt down the other person and finish him or her off. Nobody will suggest that such action should not constitute an offence. I take it that there is unanimity in the House on that issue.

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