Michael McDowell (Dublin South East, Progressive Democrats)

Section 6 would amend section 13 of the 1997 Act by excluding a person from an offence of endangerment where the conduct takes place within a dwelling. The objective of Senator Morrissey's Bill is to amend the civil and criminal law to allow the use of justifiable force by occupiers of domestic dwellings against trespassers who have criminal intent. This is another extraordinary aspect of the Deputy's Bill. Crashing a party is not a crime, but the Deputy's Bill technically renders the gate-crasher a trespasser on the premises. In contrast, Senator Morrissey's Bill provides that this force and immunity should only apply where people have entered for the purpose of committing a crime. Which is the appropriate measure? I suggest that Senator Morrissey's approach is far more intelligent and reasonable than the approach presented here.

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