Terence Flanagan (Dublin North East, Fine Gael)
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Question 128: To ask the Minister for Justice, Equality and Law Reform if he intends introducing legislation to strengthen the law in relation to the rights of the person to defend their homes against trespass and attack. [27347/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Law Reform Commission published a Consultation Paper on Legitimate Defence in November, 2006 which addressed the law relating to the criminal defence of legitimate defence in the context of homicide. The Consultation Paper included provisional recommendations in relation to the issue of householders rights to defend themselves and their property. The Law Reform Commission Paper forms the basis for discussion and further consideration of the issues and consultation with interested parties. On completion of this process the Law Reform Commission will publish a final report containing its final recommendations and I understand that it is expected that this report will be published in the first half of 2008.

The Government's Autumn Legislative Programme includes a proposed Criminal Law (Defence of Life and Property) Bill and as the Deputy is no doubt aware the previous Government approved the drafting of a Bill on this topic in March, 2007. In view of the fact that this issue is currently being examined by the Law Reform Commission, it is my intention to await its publication before undertaking a comprehensive assessment to see what, if any, of its recommendations should be taken on board, before proceeding with the legislation.