Written answers

Thursday, 7 December 2006

Department of Justice, Equality and Law Reform

Departmental Agencies

7:00 pm

Breeda Moynihan-Cronin (Kerry South, Labour)
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Question 31: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his views on the Law Reform Commission consultation document on legitimate defence; and if he will make a statement on the matter. [41921/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The Consultation Paper on Legitimate Defence published by the Law Reform Commission on 20 November, 2006 includes a number of provisional recommendations. As the Deputy will be aware a consultation paper provides interested parties with an opportunity to make submissions on the issues and recommendations set out in the paper. The Law Reform Commission will publish a report containing its final recommendations when this consultation process is complete.

The Consultation Paper considers a range of issues which arise in relation to legitimate defence and the Paper also contains some provisional recommendations in relation to the issue of householders rights to defend themselves and their property, a topic which has been the subject of much debate in recent months.

While the Law Reform Commission has not yet issued its final recommendations in relation to the topic of legitimate defence, and I do not in any way wish to pre-empt their final conclusions, their provisional recommendations in relation to defence of the home are very helpful in the context of the current debate. It is in particular interesting to note that the Commission has now highlighted the need for the rights of individuals to be clearly understood, to de-mystify the issue and to reform the law. The view of the Law Reform Commission that the occupant of a house under the present law has an arguable duty to retreat in the face of violent attack and to leave his or her house rather than defend him/herself is clearly an imbalance in the law which has to be addressed and rectified.

As we are all aware this is a sensitive topic which has given rise to understandable public concern and emotion. I am of the view that the balance must be struck in favour of the householder, but equally we must ensure that any proposals which emerge are proportionate.

As the Deputy will be aware, last June there were two Private Members Bills introduced in the Oireachtas on the issue of defence and protection of the family home, one introduced by Senator Tom Morrissey in the Seanad and the other by Deputy Jim O'Keeffe in the Dáil. When I spoke in the Dáil on this issue I gave a commitment to give serious consideration to amending the law in this area. Since then my Department has been examining the legal issues involved and the recommendations contained in the Consultation Paper are now being considered. I expect to be in a position to bring proposals to Government very shortly.

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