Alan Shatter (Dublin South, Fine Gael)

By and large, it is my view that the three factors – imminence, necessity and proportionality – will have to be complied with but that there may be exceptional circumstances in a particular case in respect of which, despite an individual's failure to fully meet one of the criteria, a court may hold the view that his behaviour or conduct was reasonable in the specific circumstances that rose in the context of the overall background, the individual's overall state of mind and perception of threat to himself or a family member. Reasonableness is a test that the courts have already applied and are familiar with. It is the better way of dealing with the matter. Leaving that aside, the Deputy's amendment is, unfortunately, flawed in that it omits addressing the trespass issue and, as a consequence, would have a fundamental impact on the purpose of the legislation.

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