Dáil debates

Thursday, 17 April 2008

3:00 pm

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)

On that point, it is not sufficient for the Minister, the Department or the Government to await progress or change on the matter from the courts. The changes should be introduced in this House and should emanate from the Department. This is a serious issue, but thanks to the inactivity of the Government over a number of years it is criminals rather than victims who appear to get most protection from the law. Since Deputy Lenihan took over as Minister for Justice, Equality and Law Reform, he appears to have relaxed the stated position of his predecessor, that this matter would be subjected to legislation at an early date.

We see, and this was confirmed last month by Deputy Cowen, the Taoiseach designate, that this is not on the list of proposed legislation and, therefore, does not appear to be a matter of priority. I remind the Minister that it is an urgent issue. I do not believe anybody in the House would promote the excessive use of violence under any circumstances but, nevertheless, people are fearful. They fear their constitutional position is not being upheld, having regard to the Constitution, which says the dwellinghouse of every citizen is inviolable and shall not be freely entered forcibly save in accordance with the law. However, the law has given rise to significant uncertainty leaving people very fearful of intruders, particularly in rural Ireland, where on a nightly basis they are subjected to fear and terror. They are left in the position where if they exercise force of a type which they may wish to use, they are ultimately culpable.

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