Tony Killeen (Clare, Fianna Fail)

I wish to make it clear the Government is also mindful of the concerns raised by Deputies in the debate on this Private Members' Bill in the name of Deputy Jim O'Keeffe. It is fair to say concern for the safety of law-abiding people in their own homes is not the sole preserve of any party or Deputy. My colleague, the Minister for Justice, Equality and Law Reform, is already on record stating it is his view that the Government may give sympathetic consideration over the coming months to some of the issues raised in Deputy O'Keeffe's Bill. That said, there would appear to be weaknesses in the Deputy's Bill which need to be addressed.

The House will know that another Private Members' Bill was recently introduced in the Seanad in the name of Senator Morrissey. This Bill also deals with the issue of the defence of the family home but there are clear distinctions between it and Deputy O'Keeffe's Bill. For example, Deputy O'Keeffe's Bill concerns itself with the provisions of the Non-Fatal Offences Against the Person Act 1997 whereas Senator Morrissey's Bill also considers the issue of fatal offences. We are all aware that fatalities can and have occurred in the past in the context of intruders entering a property uninvited.

The provisions of Deputy O'Keeffe's Bill are confined to the dwelling itself. There is no reference to the curtilage of the house, that is, the area surrounding the home, while Senator Morrissey's Bill provides for a defence in criminal proceedings where the use of force by an occupier took place in a dwelling or in the area of a dwelling in circumstances where the trespass in question was done for the purpose of committing a serious criminal offence and the action of the occupier entailed the justifiable use of force.

The question of the reasonable use of force is crucial. Force used in such circumstances must be reasonable by reference to the circumstances believed by the occupier to exist. The reasonableness of such force is a key element in any such incident. We all wish to protect ourselves, our families and our property from danger but we must all be accountable for our actions which should not go further than is reasonable in the circumstances.

The law must strike a balance between the competing rights of those involved in any incident of this kind. A situation in which an intruder enters a family home with some kind of criminal intent, perhaps where children or other vulnerable people are present, is bound to be fraught with emotional danger. The level of reasonable force used to remove or disable a trespasser may be difficult to assess in the heat of the moment. It is a situation in which unintended consequences of actions might easily occur.

The provisions of the Non-Fatal Offences against the Person Act 1997 have served us well. They were drafted following recommendations of the Law Reform Commission. Section 20(4) of that Act states the fact that a person had an opportunity to retreat before using force shall be taken into account in determining whether the use of force was reasonable. Deputy O'Keeffe's Bill proposes that this provision should not apply where force is used within a dwelling by an occupier.

My colleague, the Minister for Justice, Equality and Law Reform, said during the debate on this Bill that he has some sympathy with the view that the retreat provision should be revisited. The issues raised in this Bill and in Senator Morrissey's one are of importance and are regarded as such by the Government. However, they are issues about which we need to be careful. They are matters which require careful analysis and consideration before any fundamental change in the law in this area is proposed.

The Government will oppose the Bill which contains certain weaknesses. For example, there is no distinction in the Bill between various kinds of trespasser. There is no reference to criminal intent and no protection for accidental death. The property surrounding the house is not included. However, the Government is of the view that the subject matter of the Deputy's Bill is worthy of further consideration. A criminal justice miscellaneous provisions Bill will be introduced in the House in the autumn. My colleague, the Minister for Justice, Equality and Law Reform, said last night the Government will consider whether this issue should be addressed in that Bill. In that context, the Government will consider, among other matters, the proposals set out in Senator Morrissey's and Deputy Jim O'Keeffe's Bills.

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