Noel O'Flynn (Cork North Central, Fianna Fail)

I ask the Acting Chairman to advise me when I have spoken for eight minutes.

I welcome this Bill and I am sure the Opposition parties also welcome it. This is a sensible Bill which clarifies the law regarding the rights of homeowners when faced with intruders with criminal intent. It tips the balance in favour of the law-abiding citizen - where it should always have been. The Bill provides that a person can use justifiable force, including in some cases, lethal force, to defend him or herself against a trespasser. It establishes that there is no obligation to retreat from the dwelling. It also defines what is meant by a dwelling.

I will deal with each of these provisions in turn. This is the first legislative proposal in this jurisdiction to recognise the special status of the home and the right of people to defend it. This may sound radical but, generally speaking, the Bill is more concerned with clarifying rather than amending existing law. It provides that a person can use reasonable force in defending his or her home against an intruder with criminal intent. The test for assessing the justifiable use of force does not broadly differ from that which is currently in place under the Non-Fatal Offences against the Person Act 1997. In deciding what constitutes reasonable force, the courts will look to the circumstances as the person believes them to be at the time. It is immaterial whether this belief is reasonable or not.

Those who say this is a charter for "Have a Go", are wide of the mark.While this Bill does not exclude the use of lethal force, it does not specifically provide for it. Rather, it acknowledges that the use of force in a situation of great tension and anxiety may result in the death of an intruder. We recognise that in the context of an attack in the home, on can use the force which one genuinely thinks is necessary at the time and that could cause the death of the criminal intruder. It is clear that an occupant cannot kill a burglar simply for being a burglar. It should pointed out that force against a Garda can never be justified. It is also important to note that a person may not use force as a shield where he or she has deliberately provoked a violent situation.

I will now deal with a feature in this Bill that is different from the current law. This Bill states unequivocally that there is no obligation to retreat from the dwelling. Indeed the notion that a homeowner should be compelled to retreat in front ofan intruder who has entered with criminal intent is plainly ridiculous. This new provision reflects the unique characteristics of an encounter between an intruder with criminal intent and the occupier and the old dictat that a man's house is his castle. In "Report on Defences in Criminal Law" from December 2009 the Law Reform Commission said the general rule that a person should retreat where possible should not apply where the incident applies in the dwelling.

Another important provision of this Bill is the definition of the term "dwelling". Dwelling does not simply mean the four walls of a house or a building. The term not only incorporates the home or building but also its curtilage, namely the areas surrounding or adjacent to the home. It does not stretch to public areas or areas that are some distance away from the dwelling. While I welcome the fact that the term dwelling has been defined, there is perhaps more room for clarity here. It is unclear whether sheds and surrounding gardens come within the definition of a dwelling. Curtilage refers to the entire boundary of one's property.

Another important feature of this Bill is that it puts an end to the bizarre practice where homeowners can be sued by burglars for damages. It provides that where a homeowner injures an intruder while legitimately defending himself, his family, or property, he will not be open to suit. Recently I had four young members of Sinn Féin on my roof. They stole onto the roof of my constituency office on the morning of 6 July. My concern was that they might sue me if they fell through the roof. My son rang the insurance company and the Garda Síochána. The Garda Síochána removed them from the roof because if we had not and if they had fallen through the roof, they could have taken a lawsuit against me. Sinn Féin Members in this House did not condone the activity and said so on the day.

In any discussion on defence of the home, it would be remiss not to mention the sanctions available to deal with intruders. Penalties for burglary in this jurisdiction are very high. A person can be fined or sentenced to imprisonment of up to 14 years for burglary on conviction on indictment. The Attorney General has asked the Law Reform Commission to look at mandatory sentencing, particularly for those found guilty of attacking the vulnerable in our society.

It is important to recognise the sterling work of the Garda Síochána in making our homes safer. The force continually develops and implements crime prevention and detection strategies to target those committing burglaries, with intelligence-led and focused operations. The new Garda national model of community policing is not only concerned with reducing crime but also the fear of crime to ensure a better quality of community life for all. Furthermore, the Garda Síochána supports a number of initiatives which promote a community contribution to increasing public safety, including the community alert programme, neighbourhood watch and Crimestoppers.

We are very fortunate in Cork city and county to have a Garda Síochána force committed to protecting the community it serves and enforcing and upholding the laws of our country. I am sure the same situation applies in Tallaght. Garda numbers in Cork city under Chief Superintendent Michael Finn are now at 698, increased from 540 in 1997. In the county there are 616 members, up from 424 in 1987. I commend the gardaí on their community involvement, community policing and interacting with local communities and organisations. They have the trust of the communities they serve. I pay particular tribute to Chief Superintendent Tony Quilter of the national drugs unit for the many drug busts and seizures carried out this year. The arrest of international drug lords will reduce the amount of drugs coming into the country. I acknowledge the role of the Garda Síochána in these international operations.

I am heartened to see this Bill has received a positive response from a number of groups such as Irish Rural Link, AdVIC, the Dublin Rape Crisis Centre and the AGSI. This is not a groundbreaking Bill but it is important. I refer to some comments in reaction to the Bill. A support group for the families of homicide victims, AdVIC, has welcomed the proposals in the Bill. The charity's co-founder, Joan Deane, said the organisation supported any changes in the law that would act as a deterrent to violent crime and murder and that if this even makes them stop and think about it, it is a good thing. AGSI vice-president Dan Hanley said the Bill aims to shift the balance of rights back to the homeowner where it should always have been and that "it is intolerable a homeowner should be compelled to retreat in front of an intruder who has entered the home and who may have malign intentions towards the homeowner, the family or the homeowner's property". Mr. Seán O'Leary, policy officer with Irish Rural Link - the national network of rural community groups - said it is sensible legislation giving much needed clarity to homeowners on their rights when confronted by intruders. The Dublin Rape Crisis Centre has welcomed proposals on defence and the dwelling. Speaking after the publication of the Law Reform Commission report, executive director Ellen O'Malley-Dunlop stated that such measures would help women feel safer at home and gave women the right to protect themselves without fear of prosecution.

I hope people will recognise the merits of the Bill. I commend the Minister, Deputy Dermot Ahern, on the legislation he has introduced over the past three years. Since he became Minister for Justice and Law Reform, he has introduced important legislation that is necessary in the times we live in. I welcome the recent legislation on head shops, which has shut down most if not all of the head shops in this country. The Minister also introduced the Criminal Justice Amendment Act, the Criminal Justice (Surveillance) Act and the Criminal Justice (Miscellaneous Provisions) Act. These are important items of legislation to combat crime in this country. I hope all the parties in this House will support the legislation. I recall a Private Members' Bill introduced by Fine Gael on this topic. Once this Bill goes through Committee Stage I hope it will be accepted unanimously in this House.

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