Brian O'Shea (Waterford, Labour)

Tá áthas orm seans a bheith agam labhairt ar an Bhille seo, Bille um an Dlí Coiriúil (Cosaint agus Teaghais) 2010. The Bill in its provisions contains an acknowledgement that the home should be a place of safety and the application of self defence in the context of an attack in the home may be different from a situation which obtains in other circumstances. The Bill is a short one which purports to clarify the law in the event of a householder being confronted in the home by a person intent on committing a criminal act.

The reason the Bill is before the House is due to some terrible incidents which have taken place, mainly in rural areas. There was also an incident in the heart of Waterford city which caused a great deal of concern locally. The most important question as far as I am concerned is whether the legislation will prove to be a deterrent; in other words, will the people who carry out break-ins think twice before they embark on the terrible violence, sometimes fatal, that can be delivered in the course of burglaries? I have some concerns in that regard and also in terms of householders. How many elderly or vulnerable people who live in isolated areas, for example, women living alone, would be able to defend themselves in the event of being attacked in their homes? I ask the Minister to address that issue because while it sounds fine in theory to talk about self defence it is questionable whether such people would have the wherewithal to defend themselves against aggressive or armed intruders. That issue needs to be addressed.

Individuals were apprehended recently in my constituency in connection with burglaries and break-ins. They had come to the area from a long way off. Their activity was of an organised nature. On the one hand we have random break-ins but we also have organised break-ins. In urban areas people who are fuelling a drug habit break in to houses in a random fashion wherever they find a weakness.

Deputy Sargent referred to windows being left open. He also referred to the Neighbourhood Watch scheme. We must encourage communities to safeguard vulnerable people in their area in so far as that is possible. Many of the organised burglaries can be intelligence-led. People circulate in an area with the intention of identifying vulnerable targets for a break-in. The Garda does much good work in that regard. It is a significant issue. I am aware of the problem in my county where there are isolated areas. The Garda has done well in terms of apprehending people but it is difficult to undertake the type of dispersed surveillance that is required.

The issue arises of whether the legislation will improve the situation to any great extent. As a community we must do something substantial. As Deputies we have all encountered people who live in great fear, not alone in rural areas but in urban areas as well. We are familiar with the cliché that a person's home is his castle. When there are reports in the media of break-ins and violence anywhere in the country it raises the fear level in communities. When I was growing up in Waterford city I remember that people left their keys in the door so that if family members or friends came to visit they could open the door and come in. I welcome the introduction of this Bill. Fine Gael has been asking for a Bill for four years that would address the situation whereby people were unsure how to defend themselves, their families and their property. Myths were growing up that the burglar was all powerful once he came in and no defence was possible without a high risk to the property owner. It was perhaps a myth but the situation arose where those who defended themselves found themselves in difficulty with the law.

This Bill provides protection for people and gives them the opportunity to defend themselves, their families and their property in the event of burglary or tiger kidnapping. These are frightening situations for those working in banks and they should be allowed to defend themselves in such situations. The Bill must address this because people should feel safe in their homes. They feel at present that they must withdraw if there is an intruder and it is important that we send a message to those who would intrude that the freedom to go about their dastardly deeds will be confronted.

I have personal experience in my community of the robbery and beating up of old people. People do not do that any longer. The country is not as pleasant a place to live in as it was when I grew up; things have changed and we are in a new era. This Bill seeks to address in a substantial way issues faced by people whose homes are violated, broken into and who are confronted by an intruder. I am not convinced, however, that it will improve the situation.

The interpretation section deals with the definition of the home, with dwelling defined widely to include vehicles or vessels constructed or adapted for use as a vehicle and seems to be comprehensive. The provisions of the Bill would stretch as far as someone living in a tent or a caravan who is attacked. Curtilage is also taken into consideration, along with the dwelling.

We then come to the attempt to define justifiable force, an issue where clarity is needed, particularly in regard to the wholly subjective test as to occupier's belief, which will potentially allow the infliction of deadly force on the basis of paranoia, fear or anxiety rather than objective concerns over physical threats to the individual rather than just to property. If someone is under attack he will be suffering anxiety and fear and the subjective assessment of the situation before using force is difficult. I ask that the concerns outlined in the Library and Research Service digest would be addressed by the Minister. There are issues about the DPP v. Barnes case, that outlined that a person cannot lawfully lose his life simply because he trespasses on the dwelling of another with intent to steal. In what way does this legislation change that position?

There are points in the Bill that need to be clarified. The Opposition would favour measures that will protect people in their homes while giving them peace of mind. Does, however, the Bill change the present situation in any substantial way? I am not convinced it does. I will wait for the Minister's reply to hear the thinking of the Government on these issues. The most important question is if the legislation improves the situation for people who suffer terribly and whom all sides of the House wish to protect. We all want to stop this sort of crime and the fear that it causes, in both rural and urban areas.

Should someone retreat when his house is invaded if he has that option? No one should be held to be obliged to retreat but the courts have pointed out that in many situations the householder would be advised to flee but would never be under a legal obligation to do so. Any legislation that improves the situation for those who are exposed to break ins would be supported by all of us but we must ask if the legislation is a deterrent and the extent to which it will assist people to defend themselves. Many of the people we are thinking of could not defend themselves against able-bodied intruders.

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