Dáil debates

Thursday, 17 September 2009

Criminal Law (Home Defence) Bill 2009: Second Stage

 

2:00 pm

Photo of Damien EnglishDamien English (Meath West, Fine Gael)

I am grateful for the opportunity to say a few words on this important and simple Bill. It is right that it has been introduced at a time when no big court cases that would distort our discussions on this issue are taking place. Despite all the madness that is taking place in respect of various issues, some of which are close to the heart and some of which are not, this is a good time to have a proper debate on legislation of this nature. One would imagine that some leeway would be afforded to us as we try to engage in proper politics, but that has not happened so far today. The Minister came in and tried to find something wrong with this proposal so that he would not have to accept an Opposition Bill. Of course the Bill is not perfect - we do not have the expertise and advise of the Government's draftspeople to help us to put it together. We introduced it in the hope that it would be discussed, amended and ultimately passed. It is time for us to get something done in this regard. Instead, the Minister came in and tried to suggest that the current law is good enough. He said that further clarity is coming down the line and that a new Bill will be produced by the Government. Although this issue was discussed three years ago - I am sure it was also debated many times before then - problems continue to be caused by the grey area that exists. I hope the new Minister of State, Deputy Calleary, will bring about change within the Government. The people want a new kind of politics - they are fed up of the old kind. They have had enough of the pathetic showmanship and argy-bargy of the past couple of years. They want action to be taken. If we do not start to do things in here, there will be a revolt some day soon. Certain common sense things need to be done simply, without being complicated or dragged out over many years as they unbelievably have been. It is time for us to wake up and start to get things done in this House. This is an example of a simple problem that needs to be corrected and put right.

If someone enters one's family home when one's partner and children are present, one is expected to walk away and retreat. That is lunacy. Who in their right minds would retreat and put their children in danger? It is stupid to expect such a response. The sooner we change that, the better because otherwise somebody else will end up in this situation. It is bad enough that someone might end up in court for injuring an intruder but what if that person's child was injured because he or she retreated? The responsibility will rest on the shoulders of the Members opposite if they do not act.

People do not know what the law currently requires of them. The Government has the duty to ensure that the law is clear. This Bill attempts to set out in black and white what one can do. An intruder has no business in someone else's home. The garden and the adjoining football pitch are different issues because to enter a home, an intruder has to come through the door, window or, like Santa Claus, down the chimney. One has a right to take action against anyone who enters one's home without permission. We have a duty to enforce that right in law.

This Bill is straightforward and deserves to be enacted. In many parts of rural Ireland, people are afraid that someone might come up their driveways and through their doors. As few rural Garda stations are manned 24 hours per day, people need the law to protect them in other ways. The lack of resources means they cannot easily pick up the telephone and get a response from a Garda station. Unemployed people who are trained in clerical work could easily be employed in Garda stations so that gardaí can be put on the streets. We have discussed this issue for many years but we continue to deal with the politics of inaction.

It is a pity that we have not moved with the times. This week, the Ceann Comhairle reminded us about Dáil reform. We have a duty to reform the Dáil so that we can react more quickly to issues even when the Government wishes to delay. We are stuck with an old system which does not get things done, with the result that people suffer. I urge Government Members to accept this Bill or else to introduce similar legislation.

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