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Leaders' Questions. (28 Jun 2006)

Bertie Ahern: The Deputies opposite know my views on these things. If we do not have clear and good law, people will start to take the law into their hands.

Leaders' Questions. (28 Jun 2006)

Bertie Ahern: We had a controversy about that last year, when an intruder who was retreating from a property was shot in the back with impunity.

Leaders' Questions. (28 Jun 2006)

Bertie Ahern: We had that debate. How can one write a law——

Leaders' Questions. (28 Jun 2006)

Bertie Ahern: ——that allows the occupant of a house to wait until the intruders have gone out the door and then it is all right to shoot them in the back? Let us be sensible.

Leaders' Questions. (28 Jun 2006)

Bertie Ahern: I remind Deputy Kenny, who seems to want to make this a populist issue, that people are entitled under the law to use reasonable force.

Leaders' Questions. (28 Jun 2006)

Bertie Ahern: I will be brief. I do not intend to stand up and just say populist things.

Leaders' Questions. (28 Jun 2006)

Bertie Ahern: If Deputy Kenny wants to achieve a position in law whereby, when a person walks into a house, the defence of reasonable force cannot be used any more, or there is no longer a presumption of innocence——

Leaders' Questions. (28 Jun 2006)

Bertie Ahern: ——or one is allowed to blast away one's gun at anyone——

Leaders' Questions. (28 Jun 2006)

Bertie Ahern: ——that is not the way the law works and I oppose that.

Leaders' Questions. (28 Jun 2006)

Bertie Ahern: I will try to be helpful and move this important issue on by repeating that it would not have made any difference if the Minister for Justice, Equality and Law Reform, the Attorney General or the rest of the Cabinet had known anything about this matter in advance. It would not have influenced the Supreme Court decision in any way and no more preparatory arrangements would have been made. We...

Leaders' Questions. (28 Jun 2006)

Bertie Ahern: I do not want to get into a debate. This issue holds the record for the longest Leaders' Question of one hour and 28 minutes several weeks ago. There is not much point in repeating myself. Deputy Rabbitte knows the Supreme Court made a decision striking down an Act in a case which the State lost. As he correctly stated the Office of the Attorney General and the Office of the Director of...

Leaders' Questions. (28 Jun 2006)

Bertie Ahern: Issues arise under section 1 of the 1935 legislation for those who have been convicted before the courts of statutory rape and those in respect of whom prosecutions are pending. In the CC case the Supreme Court struck down as unconstitutional section 1 of the Criminal Law (Amendment) Act. In addition, the Supreme Court ensured that Mr. A, who had been convicted of such an offence, remained...

Leaders' Questions. (28 Jun 2006)

Bertie Ahern: The reason for this is obvious because it creates a real and extra burden for the victim of unlawful carnal knowledge. It means the victim can be subject to rigorous cross-examination by counsel for an accused who may transpire to be a sexual predator. The idea of an 11 or 12 year old girl being grilled in the witness box as to her make-up, perfume or style of dress or the manner in which she...

Leaders' Questions. (28 Jun 2006)

Bertie Ahern: That was because the Supreme Court made a judgment.

Leaders' Questions. (28 Jun 2006)

Bertie Ahern: The answer is——

Leaders' Questions. (28 Jun 2006)

Bertie Ahern: The answer to the question is that it is therefore important the terms of reference of the Oireachtas committee are urgently agreed. It must address all the issues, including the sensitive issue of young girls, perhaps 11 or 12 years of age, being cross-examined in court rather than talking about who did what in the Attorney General's Office. That is irrelevant and we need to get on with that...

Leaders' Questions. (28 Jun 2006)

Bertie Ahern: I presume the Ceann Comhairle's ruling is on the tax question.

Leaders' Questions. (28 Jun 2006)

Bertie Ahern: But under Standing Orders, a Cheann Comhairle——

Leaders' Questions. (28 Jun 2006)

Bertie Ahern: ——I can only answer one question, the one on tax breaks.

Leaders' Questions. (28 Jun 2006)

Bertie Ahern: I was not sure which question to answer, a Cheann Comhairle.

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