Noel Grealish (Galway West, Progressive Democrats)

Gate-crashing a party certainly creates a nuisance, but it is not a crime. If Fine Gael has its way, a gate-crasher can technically be considered a trespasser on premises and anyone using force against him or her will be immune from prosecution. Senator Morrissey's Bill suggests that the use of force and immunity should only apply where people have entered premises for the purposes of committing a crime. I do not like asking questions to which the answer is obvious but which of these is the reasonable, appropriate and intelligent approach?

The flaws in Fine Gael's drafting do not end there, however. As I have said already, the public and media debate about defending property came on foot of cases where intruders and people who have tried to tackle them have been injured or killed. People express very strong views with regard to others coming onto their property intending to do harm, whether stealing or injuring them and their families, and who could blame them? What does property refer to and what does the term mean? Any commonsensical approach would determine that when it comes to defending one's property, this would include one's car and the contents of one's garage or shed. Most people would interpret property as meaning more than just the space within one's four walls. That is common sense. Fine Gael has shown itself bereft of common sense by proposing the Bill as it did.

Under Senator Morrissey's Bill, a householder would have the same rights in his or her garden if someone was threatening his or her house. The householder would also have the same rights when trying to prevent his or her car from being vandalised. Fine Gael wants to cover the physical house only and would have one sit in one's sitting room looking out at a criminal action.

If Fine Gael, by some cruel twist of fate, were to find itself in a policy-making position, could we rely on it? After all, none other than its leader, Deputy Kenny, has described as utterly ludicrous the very measures adopted by the Cabinet at which he sat, that is, the obligation to retreat within one's house——

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