Dáil debates

Wednesday, 20 October 2010

Criminal Law (Defence and the Dwelling) Bill 2010: Second Stage

 

5:00 pm

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)

No, it is simply drawing the Minister's attention to the Law Reform Commission paper and expressly saying that he ought on Committee Stage to remove the defence of property as a legitimate reason for the use of fatal force. I believe this is something he ought to consider. It is one thing, in extremis, to defend one's family or oneself. However, it is a different matter to risk fatality either to oneself or an intruder in defence of property. The Minister ought to be prepared to look at that.

I am not clear that the Bill improves on or adds to the provisions of the 1997 Act relating to the use of force by an individual that is reasonable in the circumstances. Section 2(4) may purport to clarify these provisions but I am unclear as to whether that constitutes any substantive change in the law.

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