Thomas Byrne (Meath East, Fianna Fail)

I welcome this Bill because this is an area that has caused controversy in recent years, perhaps more than it warranted, but the legislation should hopefully pass quickly and give people some peace of mind that they are safe in their own homes and action they take to defend themselves or their property will not come back to haunt them civilly or criminally in reasonable circumstances. For those reasons it is good this Bill is before us.

There was criticism of the Government for moving slowly but that was unfair because it is important to get this right. When the news dictates the agenda, often the Opposition brings motions to put pressure on the Government when it is fashionable but the Oireachtas must ensure legislation is right and will work beyond the fad. The Oireachtas has an important role to play in looking at this Bill and I expect there will be amendments on Committee Stage.

The Bill has been a long time coming and gives certainty to those who were worried about the safety of their homes and their families. It is important that we clarify the circumstances in which a home owner or other lawful occupant may defend their person or their home. It makes it lawful for him to use force on the grounds that he believes the other person who has entered or is entering a dwelling is a trespasser for the purpose of committing a criminal act. It is not just a case of someone getting a fright, it is a much greater test, someone must have the intention of committing a crime. It allows a person to use reasonable force to protect himself or any other person in the house from injury, assault, detention or death caused by criminal intent. That gives people peace of mind, knowing they are allowed to protect themselves and will not be liable criminal or civilly.

Reasonable force is more subjective than the objective test Mr. Justice Walsh put forward in the High Court in the 1970s. He was one of our most renowned jurists throughout the history of our constitutional law. I was privileged once shortly before he died to speak to him on the telephone, where he apologised for not being able to attend a debate in the Law Society in Trinity College. It was a privilege for me to speak to this great man we had studied so much. His pronouncement has been slightly modified by the legislation but that is the duty and role of the Oireachtas. The courts interpret the law while we make it so it is possible for us to make changes.

There is scope for further definition of reasonable force to allow for even more certainty. The Law Reform Commission made a number of recommendations in that regard. I understand the Minister has considered these, reached a conclusion and proposed this legislation, but Committee Stage may change the situation.

I welcome the Bill's civil liability aspects. Criminal liability is one matter, but section 5 states "a person who uses such force as is permitted by section 2 in the circumstances referred to in that section shall not be liable in tort in respect of any injury, loss or damage arising from the use of such force". By this, it means the person will not be liable for damages, as a significant concern among people has been that they might be sued if they take action in defence of themselves, their families or their private property. It is well that their concern is being addressed in this criminal law Bill. It is good to see the criminal and civil sides coming together in legislation, as there is an artificial distinction between them too often and issues are dealt with separately, which could lead to delays. However, this Bill deals with them together. If it did not, there would have been a major gap. It is unfair that honest, law-abiding people have the threat of civil action hanging over them if someone engaging in a criminal act on their property is hurt because they took reasonable action.

The Bill is before the House, so let us deal with it. The subject matter has been a bone of contention in the Oireachtas in the form of various motions. I hope that the House will be able to deal with it as speedily as possible. The Minister for Justice and Law Reform presides over a significant amount of legislation tabled in the Dáil and the Select Committee on Justice, Defence and Women's Rights. A great deal of legislative work is done in his Department over a wide variety of subjects from housing estate management companies to the Defamation Act 2009 and from this Bill to the immigration Bill. The Department of Justice and Law Reform is busy, so I pay tribute to the officials in attendance and to its wider workforce. Like the Minister, they have a busy agenda.

Regarding other matters relating to crime, the issue of anti-social behaviour has recently taken on a particular focus in my constituency, especially in Kells, a lovely town. As the Acting Chairman knows from his constituency, it is usually a small minority that engages in anti-social behaviour. The town of Kells is well known for its community spirit, for its sense of purpose and togetherness and for working for the greater good. While everyone does that, it is unfortunate that one or two people always come in and try to destroy what exists. Today's Meath Chronicle reported how my party colleague, Councillor Sean Drew, was attacked in his home town of Kells when he challenged someone. It was wrong and unfair.

I have attended meetings in Kells and, to be fair, its community wants to work together to prevent such attacks. Whenever the community meets to discuss the issue with the Garda and public representatives, public pressure seems to have an impact. I hope that my raising of this issue in Dáil Éireann will have an impact on those few people who are engaging in anti-social behaviour. They must stop, as the community will not tolerate it. The community will work together to stop it and to ensure the people in question are brought to the attention of the Garda and before the criminal justice system.

I pay tribute to the Garda, which has always been available to me, my colleagues and the community for meetings when incidents are reported. The Garda is being stretched, but it is taking this matter as a priority. Meath County Council has drafted an anti-social behaviour strategy and will adopt it shortly. I hope the strategy will have an impact where it applies and that people will know that every agency of local government will work to tackle the issue. The draft strategy will also be tabled before the Meath joint policing committee.

The message must be sent to the people engaging in anti-social behaviour that they must stop. People want to live their lives in peace. That is their entitlement. The Oireachtas must send the message that we want the Garda and the judicial system to deal with the people in question in the best and strongest manner possible to ensure they are punished appropriately.

I commend the legislation and support the Minister's efforts in introducing it. I hope it will receive the House's support.

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