John O'Mahony (Mayo, Fine Gael)

I am glad to have the opportunity to contribute to this debate. I commend Deputies Charles Flanagan, Jim O'Keeffe and other colleagues who, over a long period, have attempted to rebalance the law in respect of what happens in people's homes. The importance of feeling secure in one's own home should be taken for granted in our modern society, but unfortunately this is not the case. While it is not covered in this Bill, we hear much about violence on our streets and public areas. At least in that regard people have the choice to stay away from such streets at certain times of the night. With regard to violence and attacks on the home, break-ins and burglaries are visited upon people and they do not have that choice.

In addition, these issues often threaten the most vulnerable people in our society, the elderly and people who cannot afford to make their homes secure. Let us step back and consider how these people think in the context of what is happening in our modern society. For example, last year's budget withdrew the grants for elderly people living in rural areas to install alarm and lighting systems. The opening hours of some of our Garda stations have been reduced and restricted. The McCarthy report has proposed that half the Garda stations should be closed down. What message does that send out? The court in Ballinrobe in my constituency has been moved to Castlebar. There was an old adage in society that suggested that justice should be seen to be done in their own town. In recent weeks there have been stabbings in Ballinrobe itself. This is the context in which people are thinking. They also see the millions of euro being spent on free legal aid to defend these thugs when they are apprehended. What message does that send out to the people in these areas? A number of weeks ago during an attack on a house in Charlestown in my constituency in which €60 was stolen, a man had his leg broken, resulting in him being hospitalised. What message are we sending out if we do not implement the Bill before us today?

As my colleagues have said, the Bill does not suggest that people in their own homes should be entitled to go on the attack or act in a way that is over the top and murder an intruder in cold blood. If actions are proven to be excessive, there is no protection under the Bill. It does not advocate or encourage confrontation or violence against intruders who may be armed with guns or knives. The key provision of the Bill is to give legal protection to householders who find themselves in unavoidable situations when confronted by intruders. There is an urgent need to tip the balance in favour of people whose houses are broken into.

The feeling on the ground is that law-abiding citizens are not safe in their own homes. Not only are they not allowed to defend themselves, but they also see the thugs who attack them either released on bail or released early if they are caught and prosecuted. I recently met a couple who had been attacked in their own home last year by a gang using iron bars and other implements causing €5,000 worth of damage. Members of the gang eventually got two years imprisonment. The culprits were granted free legal aid and released after spending only a few months in prison. The victims of the attack only became aware that the culprits had been released when they waved to them driving past their house in the village. One can imagine the fear and anger that release caused to that household. One can imagine how the innocent victims in this case will feel when I inform them of the details of a response to a parliamentary question I received from the Minister this week revealing that free legal aid in criminal cases in Mayo cost the taxpayer €103,000 for the eight months from January to August 2008. Ironically the grant that would have allowed this couple get a house alarm was abolished last spring.

There is an urgent need to rebalance the law in favour of the victims of crime in their own homes. The pendulum must swing back towards the law abiding citizens. This Bill is a genuine attempt to do this and I strongly recommend it to the House.

See this speech in context