Paul Kehoe (Wexford, Fine Gael)

I welcome this Bill introduced by Deputy Jim O'Keeffe. There can be no doubt that measures are urgently needed to allow people to rest easy in their own homes. In response to questions posed by Deputy Kenny during Leaders' Questions this morning, the Taoiseach told the House that any response should be proportionate. I agree with the Taoiseach that it should be proportionate and legal. However, we must be careful with the language we use so it does not give the rights of the intruder precedence. We need to put the rights of victims first. In fact, we need to ensure families do not become victims in their own homes as the measures in this Bill ensure.

This Bill would be welcomed by people the length and breadth of this country. Along with the obvious measures, there are ones which would protect the rights of homeowners. It is equally important that the measures contained in the Bill act as a deterrent to criminals. It would send a very strong message to criminals that the law is no longer on their side and that legislators are prepared to stand up to them and that legislation will give priority of to the rights home owners.

I was recently visited by a 73 year old man from a very rural village in County Wexford on whom a serious and violent assault was carried out at 3 a.m. Fortunately, this able-bodied man of 73 years of age succeeded in defending himself and his home. Unfortunately, he was left naked on the side of the street, something about which he will often ask questions. What is being done to protect him and his home? Why should his home be burgled at 3 a.m.? Why should he be afraid in his home at 3 a.m.? On a number of occasions this man was injured and brutally attacked by robbers, thugs and tramps — the people who carry out these crimes. There was also the case of the elderly man in County Offaly a number of years ago who was attacked and as a consequence died a number of months later.

As my colleagues said, those types of crime are being carried out on the elderly, who are vulnerable in their own homes. What would the Taoiseach consider a proportionate response to what the man about whom I spoke experienced? What is the Government's response to the escalation of this type of crime throughout the country?

This Bill goes far enough. The legal advice received by the party and by Deputy O'Keeffe is that it is constitutional. Furthermore, it seeks to redress the balance in favour of home owners rather than the thugs and criminals who break in to violate a person's property. The measures in this Bill will provide a framework under which the victims of crime will know where they stand. The current situation, where there is no legislation in place to protect home owners, is not only creating a sense of fear but also a belief whereby home owners feel compelled to take matters into their own hands. They believe the law is morally on their side but legally is not. If any person wakes to hear intruders entering his or her home in the middle of the night, they face the despicable scenario whereby the must retreat from the intruder. He or she faces the possibility of being sued by the criminal who has entered their house. Should he or she choose to defend their family, property and possessions, the onus will be on him or her to prove this defence was reasonable.

In reality victims of break-ins in their homes are left totally at the mercy of the criminals and the legislation is not in place to offer them support and back up which should be their entitlement. This Bill seeks to offer that protection to homeowners and the Government should accept it for the good of those people it seeks to protect. As I said, the enhancement of legislation in this regard would send a powerful message to criminals and thieves that they will not get away with terrorising people in their own homes. Fine Gael will do everything to ensure ordinary, decent people can rest in their homes at night safe in the knowledge that right is on their side when protecting their families and property.

I was very surprised to hear Deputy Ó Snodaigh state that anybody who supports this Bill is voting for unnecessary violence. Deputy Ó Snodaigh should go back to Sinn Féin and his republican army and talk about the unnecessary violence they have carried out over many years. How dare he come to this House to lecture Fine Gael about unnecessary violence.

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