Dáil debates

Wednesday, 28 June 2006

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

 

7:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)

Uncharacteristically, I strongly support the concept of what this Bill entails. I reject entirely the suggestion that there is any intent to undermine the constitutional rights of the accused. I congratulate Deputy Jim O'Keeffe and Fine Gael on introducing the Bill.

There is in this country a growing belief that the victim no longer counts, that the victim is no longer safe in his or her home. A criminal is entitled to a fair defence if they are caught for rape, robbery or assaulting a person and leaving them paralysed. As previous speakers have already said, a person's home is his castle. If people cannot feel safe in their own home they cannot feel safe anywhere, which is an internationally recognised principle.

I was present in this House in 1984 when the Criminal Justice Bill was introduced. It was deemed to be too severe so we waited and waited. Then Veronica Guerin was tragically murdered, which focused public attention on something that should have been addressed. I felt the action taken then would work to the disadvantage of innocent people but I was wrong.

I am surprised to see so few Members on the Government benches. It looks as if it does not matter any more. Decent, law-abiding, innocent people no longer feel safe in their own homes. If they take action against intruders in the middle of the night they can be sued in court. They could end up having to sell their home to defend their case in court. If that is the way society has gone, then we have reached a sad stage where innocent people minding their own business in their own homes are no longer safe and the laws of the land will not protect them. That is a stark message. I congratulate Deputy Jim O'Keeffe on bringing forward this Bill because it focuses on an issue in the minds and hearts of the people at this time.

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