Jim O'Keeffe (Cork South West, Fine Gael)
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Question 17: To ask the Minister for Justice, Equality and Law Reform if he is satisfied that there is sufficient legal protection in place to defend homeowners and occupiers from intruders; and if he will make a statement on the matter. [22254/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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As the Deputy is aware, sections 18 and 20 of the Non-Fatal Offences against the Person Act 1997 make statutory provision in relation to the justifiable use of force in order to protect a person or property or to prevent a crime.

Section 18 sets out the various purposes for which justifiable force may be lawfully used and not constitute an offence. The force used must be reasonable by reference to the circumstances believed by the person to exist. The purposes include: — the protection of the person or his or her family or another person from injury, assault or detention caused by a criminal act, — the protection of the person or another (with the authority of that person) from trespass to the person, — the protection of his or her property or property from appropriation, destruction or damage caused by a criminal act or from trespass or infringement, — protection of property belonging to another from appropriation, destruction or damage caused by a criminal act or (with the authority of that person) from trespass or infringement, — prevention of crime or a breach of the peace.

Section 20 defines the meaning of "use of force" for the purposes of section 18 and subsection (4) provides that the fact that a person had an opportunity to retreat before using force shall be taken into account in conjunction with other relevant evidence, in determining whether the use of force was reasonable. Section 1(2) provides that for the purposes of section 18, it is immaterial whether a belief is justified or not, if it is honestly held. The presence or absence of reasonable grounds for the belief is a matter to which the court or jury is to have regard, in conjunction with any other relevant matters, in considering whether the person honestly held the belief.

Protection of home and family is of course an issue of immense importance to everyone of us. However, as I stated in the House on 23 November, 2005, in response to a similar question, it is also important that any legislation in place achieves a balance in both providing necessary protection and also ensuring that we are accountable for any actions we take which are not justified in the circumstances. The existing legislation states circumstances in which use of force is justifiable and, as I have said, it also provides that a belief of the need to protect does not have to be justified if honestly held and leaves this as a matter for the courts to decide. As I recall, during the debate last November, while I stated that I was satisfied that the current legislation achieves its purposes, I also agreed to consider in a fair and reasonable manner any proposals for reform made by Deputies. That remains the case. I would welcome further debate in the Oireachtas as to whether the existing law can be improved in any way.