Seanad debates

Wednesday, 28 February 2007

Defence of Life and Property Bill 2006: Second Stage

 

1:00 pm

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

I will tell the Senator that. The Government Bill will have extensive definitions of dwellings, curtilages, arrestable offences, harm, property and the like. It will also deal with the meaning of the use of force and will describe what is and is not a use of force and when a threat of force can be reasonable even though the actual use of force might not be. It will also deal with justifiable use of force for protections of personal property and for prevention of crime. It will set out grounds for defence and the scope of the legislation. It will set out, similar to Senator Morrissey's Bill, where the provisions of this Bill apply, although not in every circumstances as provided in the Fine Gael Bill. No civil liability shall apply to a person in respect of injury arising from his or her actions in relation to a trespasser whose has entered the dwelling or curtilage with criminal intent. Those are the provisions of the scheme on which the Government is currently working. I hope the Bill will be brought to Cabinet in the very near future and that it will be approved.

This leaves the question, what we will do with Senator Morrissey's Bill. Given that it is consonant with the Government's proposals, I am happy to say that the Government decided at its meeting the other day that it would not oppose it.

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