Andrew Doyle (Wicklow, Fine Gael)

Like my colleague, Deputy English, I did not come here to posture politically but to get things done. In fairness to the Minister of State at the Department of Enterprise Trade and Employment, Deputy Calleary, who is sitting opposite, he is of the same mind. I was able to predict what the Minister for Justice, Equality and Law Reform would say. There are similarities to the Cluster Munitions Bill 2008, which was introduced by Deputy Timmins and subsequently dressed up in new clothes as Government legislation. In reality, we could have dealt with it as mature adults. Deputy English correctly noted that people expect more of us.

This is a simple Bill. Thankfully, I have been in the High Court on only a couple of occasions, where I watched barristers plead with judges in defence of their clients. We are not supposed to act that way when we debate issues. The Minister picked holes in our Bill and several Members, including Deputy Ó Snodaigh, have referred to the Law Reform Commission. This matter is not even on the programme for Government. It is a simple matter of shifting the onus of responsibility for proving a breach of the law onto the intruder. The occupants of a house are not prepared for the intrusion. It is like having to decide whether to brake or swerve when a cat or dog runs across the road in front of one's car. Deputy Ó Snodaigh, in his softly-softly approach, suggested that if a woman believes she is entitled to refuse to retreat she may keep a knife under her pillow. I do not know many women who hide knives under their pillows. Most people are aware that the occupant is not always in the right because of the high profile cases that have come before the courts.

The Non-Fatal Offences against the Person Act 1997 is contradictory in this regard. On the one hand it requires that the force used be reasonable but, on the other, it provides that a jury may consider whether the accused had an opportunity to retreat from conflict. If I stand on my landing and three bedrooms are occupied by my family members, it is not fair to ask me to retreat rather than try to protect them. The onus to retreat should not be put on the occupant of the home. The Bill clearly provides such a right within the house. If one can chase an intruder, one also has time to dial 999. Reasonable force is that which is needed to overpower an intruder. That can be determined in a court if and when the Bill is tested. Reasonable force does not entail inflicting unnecessary harm or hurt on an individual. That is basic common sense.

The new joint policing committee for County Wicklow recently held its inaugural meeting. The chief superintendent who addressed the committee reported that robberies in the county have increased from 31 to 37, an increase of 19%. Burglary and related offences went from 634 to 712, an increase of 92 cases or 15%. An earlier speaker correctly attributed these increases partly to the economic situation. People are taking desperate measures which they would not normally attempt. Wicklow is on the doorstep of the biggest conurbation in the country and has two regional roads and a vast expanse of isolated upland territory. We simply ask that this Bill be given reasonable consideration rather than parked like the Cluster Munitions Bill 2008.

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