Brian Lenihan Jnr (Dublin West, Fianna Fail)

One of the reasons, unfortunately, that householders are fearful is because of the persistent misrepresentation which the Deputy and his predecessor have engaged in with regard to the law that applies in this area. The law in this area was revisited by the Houses of the Oireachtas in the Non-Fatal Offences Against the Person Act 1997. I repudiate the suggestion that I have somehow been derelict in the performance of my duty of vindicating the rights of citizens to the security of their dwelling places. The 1997 Act makes it clear that reasonable force may be applied to protect oneself or a member of the family or another from injury, assault or detention caused by a criminal act, to protect one's property from appropriation, destruction or damage caused by a criminal act or from trespass or infringement.

There are various other circumstances in which the Oireachtas has clearly laid out the provisions. In sections 18 to 20 of the Non-Fatal Offences Against the Person Act 1997, the Oireachtas has set out in some detail the circumstances in which the right of self defence can be exercised. These cover the circumstances outlined by the Deputy. It is important, and I am glad to have the opportunity, to make it clear to the public that they are entitled to use reasonable force in the protection of themselves and their property. The recent judgment of the Court of Criminal Appeal confirms that the right of citizens is buttressed by the constitutional protection of the dwellinghouse.

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