Michael McDowell (Dublin South East, Progressive Democrats)

We must consider why this Bill is being cast in these terms. In contrast with section 18 of the Non-Fatal Offences Against the Person Act, section 3 does not set out the purposes for which force could be lawfully used. This would significantly widen the circumstances in which force could be used. For example, it is not stated that force must be in the defence of life or property or to prevent serious injury. In this case, the Bill would allow guests at a party to use massive force, to reduce someone to smithereens and fling him or her out on the road in a bloody mess.

Section 5 of the Criminal Law (Home Defence) Bill 2006 provides that provisions therein shall not be used as a defence against murder or manslaughter. Why? If I shove a burglar down the stairs, his or her head hits a sharp object at the bottom and the burglar dies, is it the case that I should not enjoy the protection of the law?

See this speech in context