Jim O'Keeffe (Cork South West, Fine Gael)

They would probably call it necessary.

I thank all those who contributed to the debate, which excited much interest. I am not surprised it did so. Last November, when we debated the issue on Priority Questions, the Minister for Justice, Equality and Law Reform, Deputy McDowell, issued a challenge to me to produce this Bill. I thank all those who helped me in the preparation of the Bill — the legal experts, criminal lawyers, laymen and parliamentary colleagues.

The Bill, which I propose on behalf of Fine Gael, deals with three main issues. First, it proposes that no person should have to retreat from an intruder in his or her home. Second, it seeks to ensure that if people use force to defend their homes and families, they would not have to prove it was justified, and the prosecution would have to show it was not reasonable. If it was not reasonable and if the homeowner crossed the line, he or she would deserve the rigours of the law. However, Fine Gael feels strongly that the law must favour the victim and not the criminal. Third, the Bill seeks to prevent intruders from using a ridiculous loophole in the law to sue the innocent homeowner when the burglar had created the conditions himself.

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