Seymour Crawford (Cavan-Monaghan, Fine Gael)

I welcome the opportunity to speak on this important legislation. Figures have been given regarding the number of crimes that it covers, but the Minister is well aware of the facts. As he said, people no longer report crimes because in many cases it is not worth their while. I came across a case not long ago where someone went to the barracks in Clones only to find it empty. When the gardaí were called, those on duty did their best, but they did not know the countryside, with the result that it took them a long time to arrive and act.

The purpose of the Bill is to provide for the protection of home occupiers who confront intruders or trespassers within a dwelling. It creates a rebuttal presumption that any force used by an occupier to protect his home or family is reasonable and comprises protection from several liabilities for such actions in all circumstances. Deputy Jim O'Keeffe has attempted to introduce this in a simple form to ensure that it has the desired effect. It will remove any question of home owners having to retreat if they come across an intruder. It will prevent intruders suing a home owner who acts reasonably and will create the presumption that any force used in defending his home is reasonable, with the onus on the prosecution to show otherwise. It is awful that at present a person is supposed to retreat, yet if the intruder is harmed in any way, he can legally sue the home owner.

The Bill confines such protection to actions taken within the home and is in line with the Constitution, which states that a person's home is inviolable. It shifts the legal balance in favour of the home owner in a considered and reasonable manner. It is vital that the victim rather than the criminal comes first. The law must support those who support the State rather than those who wish to destroy it. Old people especially live in fear and must have rights, knowing that they can be supported. I will never forget the story of a close friend of my late mother who was lying in his bed one night when intruders struck him with a hammer, leaving him for dead. Had it not been for the telephone beside his bed, of which they were unaware, he would have been dead. He put up no defence but his case is an example of how these intruders treat people and life. They simply do not care.

I had hoped the Government would have supported this Bill. At the time we introduced the Bill to attach fines to earnings or social welfare payments, the Government promised that a Bill dealing with each of those areas would be introduced shortly. However, the Garda is still chasing fines rather than dealing with other crimes.

The gang of 16 or so Fianna Fáil backbenchers upstairs are trying to decide which way they will deal with the current crisis in Government. They make out that they are members of both the Opposition and the Government but it will be interesting to witness them following the Minister to vote down this simple Bill. I ask the Minister at this late stage to change his decision on this Bill and, for once, do what is proper. A few minutes ago, we voted with the Government because we saw it was the correct course of action. The Minister knows what Deputy Jim O'Keeffe is doing is right so I ask him to change his mind and do the right thing.

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