Margaret Conlon (Cavan-Monaghan, Fianna Fail)

I welcome the opportunity to contribute to the debate. Every citizen is entitled to live in his or her home without fear of intrusion. We all know constituents - some of us have had personal experience - who have experienced such intrusions and they bear the scars forever. We should do everything we can to ensure such criminal activity is reduced.

I support Deputy Mattie McGrath's comments regarding pendant alarms for elderly and vulnerable people. They are a tremendous asset for them and it is most important that they know somebody is at the end of a telephone line when a crisis occurs. I also support Deputy Collins's comments regarding the Garda. Members of the force do a tremendous job in difficult circumstances. Crime prevention officers in my constituency are extremely busy meeting community groups to discuss how people can make their homes safer.

The Law Reform Commission is due to report shortly on a number of issues relating to homicides, including the defence of a home dwelling, and a draft Bill will be published before the end of the year. It is a little premature for Fine Gael to bring forward this legislation in advance of the report and its recommendations. The LRC is considering the issue of legitimate defence. In November 2006 it published a consultation paper on the issue, which included consideration of issues relevant to this topic. What is the benefit in having the LRC report pending and all the work that went into it if we pre-empt the commission by publishing a Bill that may include some or all of its recommendations? I urge the Minister to carefully analyse and evaluate all of the commission's proposals. The Joint Committee on Justice, Equality, Defence and Women's Rights should discuss the report in great detail.

Furthermore, there have been important case law-led legal developments. It is currently a matter for a court and a jury to decide in cases of attacks in the home whether the force used was reasonable on the facts of the specific case. In December 2006 Mr. Justice Hardiman dealt with the issue of permissible response to an attack in the course of a burglary in the 2006 case, DPP v. Barnes. The judgment stated: "Every burglary in a dwelling house is an act of aggression...It is quite inconsistent that a householder could ever be under a legal obligation to flee their own dwelling house." This is correct. When should an invader of a private house ever have equal or superior rights to the lawful occupant? Legislation is required to defend one's rights and punish others and if individuals trespass or invade other people's private property, they should have little defence as they have made a conscious decision as to where they should go. We must protect people in their own homes and I hope this is the guiding principle of the LRC report.

Many issues relating to the Bill must be discussed. In the case of self-defence, the test under existing law is subjective. That means a person may act depending on the danger he or she feels he or she is in. The purpose of section 5 is to ensure no provision in the legislation can be used as a defence for murder. How would this work in practice? It is woolly and unclear. Section 4 would affect the Occupiers Liability Act 1995. There is also an inconsistency in applying a criminal standard in section 7 when we see a civil standard in tort liability. It reflects a Bill which was not fully thought out and was rushed, which is never the basis for effective legislation.

The Bill does not address the issue of the curtilage of the dwelling. How far outside the dwelling is its immediate area? Will the Bill leave this up to the judge to interpret? If that is the case it defeats the argument for the necessity of the Bill. I see the rationale behind why the Fine Gael spokesperson brought forth this Bill. There is a need for greater legal certainty but the Bill does not provide that. I urge the Minister to provide a level of certainty, security and peace of mind to homeowners the length and breadth of the country.

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