Seanad debates

Thursday, 8 December 2011

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

 

5:00 pm

Photo of Maurice CumminsMaurice Cummins (Fine Gael)

I commend the Minister on bringing this legislation before us. As he stated, the Law Reform Commission's report of 2009 was certainly a most helpful paper in addressing the circumstances that arise. The violation of one's home is a very traumatic event, irrespective of whether it is the home of an able-bodied person or an elderly person. People never forget it if their home is broken into.

I am glad this legislation is before us because it clarifies and updates definitions such as that of "curtilage". It clarifies the position on the ludicrous circumstances to the effect that, if a burglar got injured while burgling one's house, he could claim against one. I am glad the provision in this regard is to be clarified and amended.

Regarding the concept of retreating, if somebody broke into my house, retreating would be the last thing on my mind. Others, however, might not think similarly.

It is the last thing I would have on my mind but others would not be of the same opinion. I am glad this has been clarified and updated by the Minister. In the best traditions of my party over the years, I am a strong advocate of law and order. This Bill is absolutely necessary to clarify the situation because the fear exists not only in rural Ireland, which was mentioned by several speakers in the context of isolation, but in the heart of all our cities. Elderly people have also been murdered in Waterford. The safety of one's home should be of paramount importance to all law makers. I welcome this Bill and acknowledge the support shown to it by all sides of the House. We must be at one in dealing with burglars in this regard.

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