Charlie O'Connor (Dublin South West, Fianna Fail)

I ask Deputy O'Keeffe not to bait me as this debate is going well. I hope what he said will be correctly recorded in the Official Report.

Many people are forced to deal with intruders in their home. I have made the point in several of my contributions in this House about the importance of appreciating the victim's perspective. I am supportive of the work of Victim Support, not only in my own constituency but nationally. It does a valuable job in arguing that the welfare of the victim is paramount. As several speakers on both sides of the House have observed, this legislation raises issues in respect of which we all have great sympathy for those affected. The Minister alluded last night to the several high-profile cases where people who have tried to tackle intruders have found that their actions fuelled a particular debate as to whether the law as it stands strikes the correct balance between the rights of the occupier and those of the trespasser.

There is a genuinely held belief on the part of most people in this House that the law sometimes does not provide sufficient protection to a person confronted by an intruder in his or her home. The Minister yesterday acknowledged the public concern in this regard. He made the point that Deputy O'Keeffe's motivation was laudable in the sense of appreciating that public concern. Within the criminal justice system it is important to strive to achieve a balance between the competing rights of all those involved. While we all wish to protect ourselves, families and property from potential danger, people must be accountable for the actions they take if they go further than is reasonable in the circumstances.

The legislation, as the Minister has pointed out on numerous occasions, clearly states that use of force is justifiable in certain circumstances as long as its use is reasonable. It also provides that the belief of the need to protect does not have to be justified if honestly held and leaves this as a matter for the courts to decide.

We must be careful not to send out a general message from this House that we condone situations where people take the law into their own hands or that people who trespass or commit crimes will not be subject to the law. While I do not want to offend the sensitivities of any political party, there have been occasions in recent years where people were knocking on doors, offering justice and offering to deal with people. That certainly happened in my community.

It is very important that we, as legislators, take every opportunity to support strongly the work of the Garda Síochána in this regard. I heard a debate on the radio this morning on this issue and some of the remarks were unfortunate. We must have confidence in members of the Garda Síochána and believe they will protect people. We must leave it to them to do their job. If we allow a situation to develop where justice is meted out on doorsteps, stairwells or in fields, where will it end? It is important to state that very clearly.

All Members of the House will have a lot of sympathy with aspects of the Bill before us. That is why I complimented Deputy Jim O'Keeffe earlier. He is touching a public nerve with this legislation. It is important, following this debate, that we go forward——

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