Dermot Ahern (Louth, Fianna Fail)

I agree with the Deputies that we should have a reasoned debate and I compliment them on at least putting this on the agenda at a time when we are not reacting to a recent event. Members on all sides of the House will accept that this is an issue in which we all have a substantial interest and with which the Government has some sympathy. Deputies and the public at large are aware of cases in which persons have entered a house or a property without adequate excuse and with criminal intent with the result that injuries or death have been caused. Such cases have fuelled the debate over whether the law as it stands strikes the right balance between the rights of the occupier and those of the trespasser. I am aware that there is a genuinely held view that while the Non-Fatal Offences against the Person Act 1997 legislates adequately for case of self-defence in most situations, it will not give protection to a person who finds intruders entering his or her home with criminal intent. I am fully aware of the efficacy of the current legislation but I also share the understandable public concern that in protecting the home dwelling we should have the very best legislative resources available to us.

I am a strong believer in tough legislative provisions in combating criminal activity of all kinds. Recent legislative measures which I brought to a conclusion in the last Oireachtas session in respect of a range of criminal law matters are testimony to this and I make no apologies for taking such a stance. However, I do not believe the proposal before the House is adequate, well thought out or robust enough to justify it receiving Government support. I will outline my reasons for that. The strong advice from my officials and the Office of the Attorney General is that does not provide a good base for legislating in this respect.

The Bill is in effect a repeat of the Bill, albeit with minor modifications, that was considered and rejected by the House in June 2006. The Bill contains numerous flaws which in my opinion render it inoperable for the purpose for which it was intended. I will outline some of those flaws in the course of this debate. In response to Deputy Jim O'Keeffe's point that we should allow it to progress to Committee Stage, the strong view was that it contained so many flaws that it does not form the basis for doing so. In addition, we have received confirmation from the Law Reform Commission that it will publish its report and a draft Bill before Christmas. I do not believe it would be appropriate to take up time discussing a Bill now when the Law Reform Commission will produce a Bill.

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