Seanad debates

Thursday, 8 December 2011

Criminal Law (Defence and the Dwelling) Bill 2010: Second Stage

 

4:00 pm

Photo of David NorrisDavid Norris (Independent)

Yes, it was a small point but I imagine I would have found myself in more agreement with her. I have had the opportunity to read the Minister's speech and I note there is a great deal of sense in it. There is clearly also a public mood that people are entitled to be allowed to defend themselves in their own home. The Minister's speech is balanced as he indicates that people can use force to protect themselves in their homes, provided they do so in a reasonable manner. I wonder how the word "reasonable" is defined or if there is a definition. I presume the matter would have to be determined by a court.

It is necessary to have balance because, as I am sure the Minister will recall, a number of recent cases created a certain amount of controversy. In one such case one of the principal participants was a member of the travelling community. Without in any sense going into the rights or wrongs of the particular case - there is always a balance to be struck - it was used for very unpleasant attacks on the entire travelling community, which was wrong. I do not believe for one second that the Minister would in any sense stand over that kind of prejudice.

As the Minister noted, the legislation addresses an emergency. If one is in one's home and an attempt is made to intrude violently, that is an emergency. Senator Mullins pointed out that today is the anniversary of a burglary on his home, which is, I suppose, serendipitous. Like many people, I have had exactly the same experience. I am not sure I behaved legally on one occasion when I found somebody in my house and chased him out to the back garden. Enraged as I was, I acquired additional strength and, picking up a stone dial I told the burglar, whom I had cornered in the garden, that I would get the police, to which he replied, "Get them, for God's sake". He was an unreliable burglar, however, and he nipped over the wall while I was telephoning the police. I trapped him next door, however, and the garda who arrived told me I was very brave but completely mad because the man in question was a well known and extremely violent criminal who had tried to burn down Store Street Garda station the previous year. He was also a heroin addict with full-blown AIDS and, according to the garda, I was very lucky he did not have a syringe with him. It merely shows that the ordinary average citizen - I believe, despite evidence to the contrary, that I qualify as such-----

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