Michael D'Arcy (Wexford, Fine Gael)

I have long been of the opinion that many Fianna Fáil Ministers are out of touch. I did not realise so many backbenchers were also out of touch. The history of Private Members' Bills over the last number of years has been poor. I did some research and in one 30 year period only three such Bills have been accepted. On this occasion, this Bill is so important it should be considered. From listening to the Minister and the Fianna Fáil backbenchers it is obvious it will not be considered.

This Bill will benefit homeowners. The appeal from Deputies Flanagan and O'Keeffe, who sponsored the 2006 Bill, was to let it go to committee and if it could be improved, similar to what the Minister, Deputy Lenihan, said about the NAMA legislation, it would be. I am satisfied that Fine Gael would be prepared for that to happen but, from listening to the other side of the House it will not happen.

The Bill is a considered piece of legislation and the most important aspect of it relates to reasonable force. Reasonable force is still the measure of force to be used regarding a burglary or trespass. It has been long interpreted by case law as force that would be used by a reasonable man.

This Bill transfers protection in law from the aggressor to the victim. I was interviewed on a local radio station in Galway during the summer when the Bill was first published. I must admit I did not realise the number of people who had no idea that if somebody breaks into their home and confronts them, the first thing they are obliged to do is retreat. That is what the law currently states. One must retreat. If a victim does not retreat and confronts the person, he or she can be up in court. It has happened in Ireland and in the UK. That is wrong and we are reversing that point of law.

We had a tour of Tallaght from Deputy O'Connor and I am sure there will be other tours from other Deputies. Garda numbers are stretched more than ever. The population is increasing and a significant number of people are leaving the force. In my constituency of Wexford the population 30 years ago was a little over 70,000, it is now 140,000. I spoke to a garda from Gorey who was leaving the force and he said Garda numbers in Gorey are similar to when he joined the force 20 years ago.

The numbers can be managed to show there is a significant number of gardaí all over the place but that is not the case. The Constitution protects the inviolability of the dwelling and the home. The home is where we have our families, children and parents. It is appalling that, under the current law, a person who breaks into a home has more protection in law than those who live there. This Bill will change that. I appeal to the other side of the House to allow it to proceed to Committee Stage and to put down amendments to improve it if they wish. I look forward to that.

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