Dáil debates

Wednesday, 28 June 2006

Criminal Law (Home Defence) Bill 2006: Second Stage (Resumed).

 

7:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)

By the Deputy's own admission, he is advocating measures that run counter to the Constitution. How does this lie with the Deputy's proposed coalition partners? The coalition of the confused does not know where it stands on neutrality, the privatisation of Aer Lingus and this right wing criminal justice agenda. The Labour Party should reject that agenda and form a progressive coalition with An Comhaontas Glas and Sinn Féin.

Legislation exists on this issue whereby a person can use reasonable force in the face of a perceived threat, but this Bill does not stipulate that force may only be used in the face of a threat to one's body or life. It sends a message that one can beat up anyone found in one's home without fear of being brought to justice. There are many scenarios wherein this legislation could result in people innocent of any crime getting the shit kicked out of them without any redress through the courts being available to them. Last night, the Minister, Deputy McDowell, outlined a number of incidents and we could imagine many other scenarios to disprove the Bill's intentions.

Deputy Jim O'Keeffe also argued that the protection in this Bill would have no effect where the householder kills an intruder in cold blood and that the Bill does not seek to justify over-the-top or premeditated actions in any way. What of the householder who brutally beats and perhaps permanently disables an alleged intruder? The Bill would justify that householder's actions.

I am aware of an incident in my area involving a man who had suffered a break-down after the death of his mother. A number of years later, he returned to the house in which his mother died, but by that time it had been sold to someone else. The man had been drinking and was confused. He tried to gain entrance, but the new householder had changed the locks. Under this Bill, while the man had no criminal intent, the householder would have been entitled to beat him to within an inch of his life had he gained entrance. There are circumstances of people being in the wrong place at the wrong time, a factor that is not taken into account.

With this Bill, Fine Gael and anyone who votes in favour of it are encouraging an increased use of unnecessary violence. I urge people not to support the Bill, which Sinn Féin will oppose.

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