Trevor Sargent (Dublin North, Green Party)

Ba mhaith liom buíochas a ghabháil leis an Teachta Fahey as ucht a chuid ama a roinnt liom. Cuirim fáilte roimh an mBille seo, the Criminal Law (Defence and the Dwelling) Bill. I welcome that it provides a definition of the dwelling and when justifiable force may be used against a person entering for criminal purposes. It also states clearly that the occupier has no obligation to retreat from the dwelling. In addition, it bars the taking of civil actions against occupiers who protect dwellings and inflict injuries incidental to that. The Bill is not a panacea for the problems and fears that are day-to-day preoccupations for people in our country but it clarifies the law on self-defence. To that extent, it can serve to reduce the trauma for someone who has been burgled. The injustice we saw in the past, where an occupier is sued by a burglar, is hopefully at an end. I hope the Bill achieves that objective. Time will tell.

The Bill is also a response to the precedent set down by the courts. We must have due regard to that, whether the case of Tony Martin, where a wounded burglar attempted to sue the occupier, or the Pádraig Nally case, where Mr. Nally was found not guilty on retrial, notwithstanding the trauma and loss of life that was part of the case. Hopefully, we can learn from the decisions of the court and take on board the accumulated wisdom from having examined the cases in detail over a protracted period of time, notwithstanding the trauma on all sides over the course of the trials.

One of my main reasons for speaking on this Bill is that many of us have personal experience of the circumstances referred to and considered by this legislation. In the early 1980s, a good friend of mine, whom I miss very much, Reverend Stephen Hilliard, rector of Rathdrum, County Wicklow, was killed by a burglar. I am not sure this legislation would have been a solution and that is why I say it is not a panacea. On hearing a noise downstairs, Reverend Hilliard went to investigate and as a result he was confronted by the burglar holding a kitchen knife from the premises. He was stabbed and bled to death. Fear uasal a bhí ann. Bhí sé mar shagart de chuid Eaglais na hÉireann. Bhí sé de nós agam buaileadh leis in Ardteampall Chríost. Is uafásach an tragóid é dá bhean chéile agus dá mhuintir gur cailleadh é mar sin. Ní leigheas é an Bille seo ar an eachtra nó tragóid sin - in ainneoin pé reachtaíocht atá in áit, ní féidir duine mar sin a thabhairt thar n-ais. Ní bheidh a leithéid arís ann. Duine séimh uasal a bhí ann.

Many references have been made to people in rural Ireland. There are many rural dwellers in my constituency of North Dublin, some of whom are very much on the breadline and some of whom are not. In the farming section of Irish Examiner today, we must take account of the fact that there may be fewer burglaries not because there are fewer burglars, but because rural dwellers are on the breadline. The Vincentian Partnership for Social Justice has carried out research which shows that the weekly costs for rural households are between €69.91 and €108.61 higher than urban households, mainly due to higher transport and food costs. In contrast, child care and social life are less expensive. I am not sure what criteria were used to measure this. It also points to the fact that rural dwellers are not as rich pickings as may have been thought by burglars in the past. Hopefully this will be a disincentive for those who make a living breaking the law.

Go bunúsach, mar a dúirt mé, ní leigheas é an Bille seo, ach is soiléiriú é ar an amhras agus an easpa misnigh atá ag daoine a bhí buailte ag robálaithe agus a leithéid.

The only way to reassure people that they will not be burgled is to advise them to adopt every precautionary principle that is possible. From talking to the Garda it appears that most burglaries are as a result of some level of carelessness, for example, a window left open or a door left ajar. This is too serious a matter on which to beat around that bush. It is essential that people take precautions not to put temptation in the way of intruders. That is not to ascribe liability to anyone who is burgled but burglars are looking for the easy option and if they see an opportunity they will take it. I accept that not everyone is able to afford a burglar alarm but it needs to be on the shopping list of choices people have. If one can afford an alarm, it is a good investment that brings reassurance and peace of mind and it is a signal to burglars that they are not going to have life made easy for them in any way.

Tá seanfhocal ann, "ar scáth a chéile a mhaireann na daoine". Is ar scáth a chéile a mhaireann na daoine ó thaobh eachtraí mídhleathacha ar nós robálacha chomh maith. Ba cheart a rá le daoine gur fiú bheith ag caint leis na comharsan béal dorais agus bheith páirteach in Neighbourhood Watch agus i ngrúpaí ar nós, i mo cheantar féin, Balbriggan Awareness of Drugs. That organisation invites representatives of every housing estate to meet with the Garda to address issues relating to drug addiction, including legal drugs such as alcohol. Such groups help in particular to build community spirit and a sense of alertness that helps to thwart burglars. The Garda Síochána has a significant role to play, and has done much in terms of prevention to thwart burglars. Since the northern end of north County Dublin became part of the Dublin metropolitan policing area there has been a noticeable improvement in the number of gardaí on the beat. The increased Garda presence has helped communities to feel safer. People are aware that the Garda are available to help when needed.

I hope all of those points will be taken on board. Equally, I hope the criticism by the Law Reform Commission that is referred to in the research document from the Oireachtas Library & Research Service can be taken on board. I have spoken to the Minister about the matter. His view is that the criticisms have been taken on board. Perhaps he will refer to that when he sums up and put at rest the minds of those in the Law Reform Commission who may think otherwise.

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