Dermot Ahern (Louth, Fianna Fail)

I am fully in agreement with the sentiments of the Bill, but if we are to address these issues we should do it correctly.

I will point out some of the flaws. Section 3 of this Bill, for example, provides for a presumption that any force used by an occupier on a trespasser within the dwelling is reasonable in all circumstances. This presumably applies even if the trespasser is on the premises innocently - for example, a child who may wander into the dwelling from a neighbouring house. The section does not expand on the circumstances in which force could be used. For example, it does not state that force must only be used in the protection of life and property. This leaves open the possibility of force being used in the dwelling house in circumstances which are entirely non-threatening. To retain such a provision in a statute would cause immense problems for the future.

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