Senators:

I second the motion. I also welcome the Minister for Justice, Equality and Law Reform to the House. Together with Senator Morrissey, I support the Second Stage of the Defence of Life and Property Bill 2006 before the Seanad. The Bill would give full defence in criminal and civil law in cases where force is reasonably used to defend life and property against trespassing with criminal intent in people's homes and surrounding areas. The entitlement of a householder to use justified force shall not be judged by reference to any opportunity to retreat.

Senators:

Concern over defence in the 1997 Act led to the introduction of this simple Bill. Currently, the law provides in section 25 of the Non-Fatal Offences against the Person Act 1997 consideration of whether the use of force was justified in criminal law. An opportunity for a person to retreat before using force would be taken into account, in conjunction with other relevant evidence, in determining whether the use of force was justified. This could mean that a person defending a family in their home could be found to have used force unjustifiably because an opportunity to retreat was not availed of. We believe this aspect of the law to be wrong and tilted in favour of wrongdoers in society.

Senators:

At present, if a person's home were broken into and the burglar was knocked down by the occupant in a confrontation, whereupon the intruder hit his head on furniture and died, the occupant would be robbed of the legal defence of self-defence. Under the 1997 Act, not only would that occupant not have availed of an opportunity to retreat, that person would have pursued the burglar in defence of family and home. Is it right that the law of the land could imply that a person who went down the stairs to defend house and family against intruders could not rely on self-defence to justify his or her actions? It seems daft that a person could end up with a manslaughter charge if an intruder were unlucky enough to bang his or her head against a hard surface and die.

Senators:

In this respect, the 1997 Act brought before the Oireachtas by the then Minister with responsibility for justice, former Deputy Nora Owen, was a step backwards for the rights of people defending their homes. We ask for support for our Bill before this House and hope our colleague, the Tánaiste and Minister, Deputy Michael McDowell, will accept the reforms outlined in this Bill.

Senators:

I thank the Leader of the House, Senator O'Rourke, for discussions taking place on the Order of Business in this House in the past and offering Government time for Second Stage of this Bill.