Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

When he presented this Bill last night, Deputy Jim O'Keeffe argued that it is the victim, rather than the criminal, whose rights should be protected by law. However, the law must strike a balance between the rights of victims and those of alleged criminals. We should not forget that a fundamental premise on which our justice system is supposedly built is the presumption of innocence until proven guilty. This Bill fails to ensure that balance.

Deputy Jim O'Keeffe went on to state that the Bill's raison d'être is to provide clear protection to those who find themselves in the unfortunate situation of confronting a criminal in their home. Fine Gael's ultra-regressive proposal throws out the crucial safeguard of a presumption of innocence and sends the message to householders that they should act as judge, jury and executioner whenever they find someone uninvited on their properties. The crime of trespass under statute is not punishable by a kicking.

In March 2002, Deputy Jim O'Keeffe cited Article 34.1 of the Constitution, which provides that: "Justice shall be administered in courts established by law by judges appointed in the manner provided by this Constitution". He went on to state: "Very obviously, any involvement in or support for vigilantism would run utterly counter to this particular provision of the Constitution." This Bill undeniably encourages vigilantism.

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