Dáil debates
Thursday, 17 September 2009
Criminal Law (Home Defence) Bill 2009: Second Stage
2:00 pm
Michael Ring (Mayo, Fine Gael)
However, I am saying that reasonable force should be allowed. If some of these cases go to court, I am sure the judge might have an opinion on that, too, but we will not go into that today. I want to put on the record of the House the fact that I believe that a person's home is his or her castle and he or she has a right to protect it. A criminal can come in and use whatever power he or she wants. Criminals are not afraid to use knives, guns and other forms of violent attack. One has to step back and decide whether to defend one's home, family or one's goods. The legislation has to be changed. The power must lie with the home owner. At present an intruder can come into a person's home and the person must step back and then if the person uses force he or she must go to the court to defend him or herself - perhaps at his or her own cost. What happens to the criminals? They get free legal aid from the taxpayer. The full power of the law is with them.
People have had enough of this. They are sick and tired of what is going on. This party believes in law and order. We believe the law and order must come together. In this case the order must be that a person in his own home must be able to protect his wife, family and goods. Order must be that if an intruder breaks into a house at 1 a.m., he is not coming in for a cup of tea - he is coming in to rob the house. If the householder gets in his way he will deal with that person or his or her family. We have recently seen cases of bank employees being taken from their homes and money being taken. People must be able to use reasonable force to protect themselves and their families.
I cannot understand why the Government has not dealt with this issue before now. While Deputy Jim O'Keeffe is not in the House at present he will be shortly. When he brought a similar Bill before the House, we were advised that the Government was to introduce its own legislation. This week we thought that the Government would accept our Bill. It was small-mindedness on the part of the Minister and Department not to accept the Bill and make the necessary changes on Committee Stage.
Deputy Charles Flanagan has put considerable effort and thought into the Bill. We did not do this lightly. We got plenty of legal advice as we wanted to get it right. If we got parts of it wrong we were prepared to accept whatever amendments the Government wanted to table. However, it has rejected it again. The law will be against the people in their homes tonight and the law is with the criminal. I do not say that I want to see every intruder shot. However, I am saying that people in their homes should be allowed to use reasonable force against thugs who are prepared to use force against them. A man in Charlestown was tied up and left to die. Other old people elsewhere have been beaten up badly. Problem gangs are going around the country, but they are not as accountable as are those living in their homes. Sometimes we have names and addresses for them.
This is reasonable legislation. Shame on the Government for not accepting it. Even at this late stage I call on the Government to accept the Bill, which is good. If amendments need to be made on Committee Stage, that can be done. Law should be for the people and not for the criminal.
No comments