Alan Shatter (Dublin South, Fine Gael)

The message being given to the public by this Government is the right one. After many years of promises by previous Governments, this Government has put into effect a law covering this issue - the Criminal Law (Defence and the Dwelling) Act 2011. The clear position now is if someone burglarises someone else's home, the home owner is entitled to use such force as is reasonable based on the threat that he or she perceives resulting from the circumstances that have arisen. It is not simply a question of the threat as it is perceived "in the calm of the courtroom". It is a question of the subjective threat that an individual believed he or she faced in the circumstances in which he or she found somebody unlawfully in his or her house. We cannot legislate for past events. The legislation that has been enacted applies to any burglary that takes place as and from 13 January 2012, which is the date on which the legislation came into effect. There is no particular reason the public should take any wrong message of any nature from that.

The Deputy mentioned a recent case in which a prosecution was taken against a home owner. As he is aware, the individual in question was found not guilty by a jury. Those criminal proceedings took place because the events that gave rise to the prosecution occurred substantially prior to 13 January 2012. We now have an entirely new legal position. Individuals are now protected against being sued by those who unlawfully enter and burglarise their homes, where the actions taken by such individuals to protect themselves, their family members or their properties was reasonable in the circumstances as they perceived them. This major change in our law is very important. I hope it will ensure that in future, no burglar will successfully sue any individual who took reasonable action to confront the burglar in order to protect himself or herself, his or her family or his or her property. I emphasise that the actions taken by such individuals must be reasonable, based on the circumstances as they perceive them. That is very important.

As I always say in these circumstances, although there is no obligation on one to retreat when one's home is burglarised - one can take reasonable action to protect one and one's family - I urge that one should contact the gardaí if one has an opportunity to do so and, where possible, try to avoid confrontation. It is of crucial importance that ordinary citizens do not unnecessarily put themselves or their family members in harm's way, even when faced with unlawful conduct by others.

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