Enda Kenny (Mayo, Fine Gael)

I agree that the use of force must be proportionate, but the point made in Deputy Jim O'Keeffe's Bill is that the home owner should not bear the onus of proof of the use of force. In response to the Minister for Justice, Equality and Law Reform's advice on gate-crashers at parties, recently a perfectly innocent young woman attending a party was shot dead. There are 500 burglaries a week where there are no parties.

At 2 a.m. tomorrow, when a house in this city or any other town is burgled, does the Taoiseach believe that the owner of that house should have to retreat? Does the Taoiseach believe that the owner of that house, in defending, inside his house, his wife, family and property, for which he has paid taxes, stealth charges and so on, should be liable to be sued by somebody who breaks in and trespasses with the intent of evil-doing or stealing or whatever? Does the Taoiseach believe that the home owner should have to prove that his defence of his property and his wife and family was reasonable?

The Minister for Justice, Equality and Law Reform is no stranger to changing Bills that he publishes and presents to the House. For instance, he has tabled 352 pages of amendments to the Criminal Justice Bill that he published. The Taoiseach and the Minister say that in the autumn, or sometime in the future, the Government will bring forward a Bill to deal with these issues.

There are people watching us this morning whose houses were burgled last night, where there were no parties, where the only gate-crashers were the thugs and criminals who broke into their property with evil intent, stealing to feed cocaine habits or whatever else. The Taoiseach meanwhile tells me that Deputy Jim O'Keeffe's Fine Gael Bill goes too far. I will repeat the three questions. Does the Taoiseach believe that a person is entitled to defend his home? Does he believe that the person should have to prove the defence was reasonable? Does he believe that somebody should or can be sued for defending his wife, children and property?

If the answer is "Yes", he should bring the Bill to committee and argue on the merits of the Progressive Democrats-Senator Bill written by the Minister for Justice, Equality and Law Reform and whatever weaknesses or strengths there may be in the Fine Gael Bill. The legal advice we have received is that the Bill is constitutional, does not go over the top and puts back the pendulum slightly so that priority is given to home owners rather than thugs and criminals who break in to violate a person's property which, according to the Constitution, is supposed to be "inviolable" in this country.

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