Dáil debates

Wednesday, 20 October 2010

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

 

6:00 pm

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North, Fine Gael)

I thank the Acting Chairman. The Bill amends current legislation on the defence of the person and the person's home. The Bill defines what is meant by "dwelling" and provides for circumstances when justifiable force, including lethal force, may be used against a person entering a dwelling for criminal purposes. It also states clearly that the occupier has no obligation to retreat from the dwelling and bars the taking of civil actions against occupiers who protect their dwellings and inflict incidental injuries.

I have spoken in the House about the importance of introducing this type of legislation several times. On local radio in County Kerry some years ago, I had a debate with Deputy Ferris, who has left the Chamber. He was against this approach at the time, but I am delighted that he has changed his mind, given his contribution this evening. I welcome the general progress and recognise the work of the Minister and the Minister of State, Deputy Moloney, in introducing this legislation. It is fair to say the Minister has introduced a raft of legislation. His officials deserve recognition for the backup service with which they provide him.

What the Bill addresses is only part of the problem. As we know from the statistics cited this evening, burglary is unfortunately becoming increasingly prevalent. It is a reflection of our economic times, in that some people go out to seek money or property for which they can get money because of the pressure they are under. They need that finance to fund a certain lifestyle or to buy drugs, drink or whatever. Unfortunately, the trend seems to be on the increase. The level of aggravated burglary is another concern. I just read the statistics. In 2004, incidents of aggravated burglary numbered 282. In 2009, they numbered 369. I do not know the up-to-date figures.

The Bill is only one part of what is required to deal with the issue of people breaking into homes. For this reason, there should be greater national awareness of the importance of security. The Bill will not help old people in their homes too much, in the sense that most old people are incapable of putting up resistance. There are few weapons of protection out there, as not many people have guns or other types of weaponry in their houses that they can use in their defence. This Bill does not mean that people will feel more secure in their homes or that we are protecting a large portion of the population. The reality does not follow like that. Rather, the Bill will remove the legal ambiguity regarding people who take the necessary measures to protect themselves, their families or their properties. Previously, it was for courts to interpret the position. That is now being stated in law, which I do not doubt will be helpful.

There should be a national campaign to ensure that people, particularly older people, are conscious of the fact they are becoming more vulnerable and that they should lock their doors, secure their windows and take the necessary measures to prevent uninvited people from invading their houses.

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