Seanad debates

Wednesday, 28 February 2007

Defence of Life and Property Bill 2006: Second Stage

 

1:00 pm

Photo of Brian HayesBrian Hayes (Fine Gael)

Exactly, it was political cowardice. It was found out not only on this but on many other issues. We need to think long and hard in terms of the rebalancing the position. We want to make it clear that where an intruder trespasses on an individual's property, absolute rights are given to the property owner in respect of what he or she can do. Those rights are well subscribed to in the Constitution. The notion that people automatically have to withdraw from that situation is one that most people would not countenance.

We need to examine the issue of curtilage which is covered in Senator Morrissey's Bill. Having encountered an intruder who is attempting to rob an individual's home, do we want to encourage that individual to run the intruder out of his or her house and down the street? This is an issue that merits debate.

Senator Morrissey dealt with the question of a licence to kill, to which the Minister also referred. We must get the rebalancing of this issue right. There is an opportunity to do that in this House. We have no difficulty in letting Senator Morrissey's Bill go forward to Committee Stage, something with which the Government seems to have a difficulty.

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