Johnny Brady (Meath West, Fianna Fail)

A few years ago, a couple of high profile cases in Ireland and the UK succeeded in putting the issue of protecting individuals, families and property in one's own home at the top of the agenda. These legal cases also highlighted what has long since been an issue for many people in rural Ireland - that is, the fear and vulnerability that many rural dwellers, and particularly older people, feel living alone. The threat of intrusion looms large for many people and the high profile cases I mentioned have probably exacerbated this fear.

From the way the Fine Gael Party is talking, one would think there is no legislation in this area, but that is incorrect. The Non-Fatal Offences Against the Person Act 1997 sets out clearly that home-owners are entitled to use reasonable force in protecting themselves and their property. In addition, in a recent judgment Mr. Justice Hardiman stated:

The offence of burglary committed in a dwellinghouse is in every instance an act of aggression. The violation of a citizen's dwelling house is just that, a violation and act of aggression, no matter what the other circumstances ... Although he is not liable to be killed by the householder simply for being a burglar, he is an aggressor and may expect to be lawfully met with retaliatory force to drive him off or to immobilise or detain him and end the threat which he offers to the personal rights of the householder and his or her family or guests. And this is so whether the dwellinghouse which he enters is, or appears to be, occupied or unoccupied when he breaks into it.

Therefore, contrary to what Fine Gael would have us believe, the role of the victim is protected and the law does not favour the criminal. That said, there are still anomalies in this area. We must strike the right balance between allowing home-dwellers to protect themselves and their family, as well as their property, while avoiding a legalisation of the shoot-to-kill approach.

In recognition of some of the anomalies in this area, in 2006, the Law Reform Commission made a number of recommendations in its consultation paper. It suggested that innocent defenders may only resort to lethal defensive force in response to a threat where they are unable to retreat with complete safety from that threat. In line with recent case law, the commission recognised that a defender should not be required to retreat from an attack in their dwelling home even if they could do so with complete safety. The commission found that lethal defensive force should not be used in defence of personal property. It does not recommend that any upper limit be placed on the force that may be used to defend one's dwelling house.

I will not go into the shortcomings of the Fine Gael Bill as I agree with the Minister's arguments. This is a complex subject and any errors or oversights could have huge repercussions. A gentleman's home is his castle and we are all entitled to feel safe and secure in our homes. Likewise, we must be able to exercise due force when our sanctuary is threatened. Greater clarity regarding what is reasonable force is needed. I look forward to the Law Reform Commission's forthcoming proposals on this issue and that is why I will be not be voting in favour of this proposed legislation.

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