Bernard Durkan (Kildare North, Fine Gael)
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Question 465: To ask the Minister for Justice and Equality if, arising from a previous incident in which a burglar made a successful insurance claim against a householder, any further legislative action is contemplated to prevent a recurrence; and if he will make a statement on the matter. [14278/12]

Alan Shatter (Dublin South, Fine Gael)
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As I stated in a topical issues debate in the House on the 29 February, the Criminal Law (Defence and the Dwelling) Act 2011 clearly outlines the rights of householders when faced with an attack or an intrusion in their own house.

Section 2 of the Act provides that where a trespasser is entering the dwelling to commit a criminal act, a householder may use such force as is reasonable in the circumstances in order to protect people in the dwelling from assault, to protect property, to prevent the commission of a crime or to make a lawful arrest.

The Act explicitly provides that the person does not have to retreat from their home and contains a specific provision in relation to civil liability. Section 5 provides that –

Notwithstanding the generality of any other enactment or rule of law concerning the civil liability of persons in relation to trespassers, a person who uses such force as is permitted by Section 2 in the circumstances referred to in that section shall not be liable in tort in respect of any injury, loss or damage arising from the use of such force.

Therefore, if a householder faced with an attack in their house uses reasonable force in the circumstances listed in section 2 of the Act, they are not liable in tort for injuries, damages,etc. This applies to a person when in their dwelling or curtilage (as defined in the Act).

There is no need, therefore, for further legislation in this area. It is not a matter for the Minister for Justice and Equality to comment on the particular circumstances of any settlement made in a private civil action.

Bernard Durkan (Kildare North, Fine Gael)
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Question 466: To ask the Minister for Justice and Equality if the definition of reasonable force in the context of the Criminal Law (Defence and the Dwelling) Act 2011 needs to be clarified with a view to a clearer understanding of fear-driven reaction by householders faced with intruders; and if he will make a statement on the matter. [14279/12]

Alan Shatter (Dublin South, Fine Gael)
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As I stated recently in a Topical Issues debate in the House, I am of the view that the Criminal Law (Defence and the Dwelling) Act 2011 is an extremely important piece of legislation. I specifically referred to the fact that there had previously been a lack of clarity regarding what a householders rights are when a burglar enters a dwelling and that this Act clearly states what those rights are.

The premise of the Act is the use of reasonable force by a householder against an intruder entering the dwelling with criminal intent. Section 2 of the Act sets out the criteria for this. The householder must believe that the intruder has entered the dwelling to commit a criminal act and the force used against the intruder must only be such as is reasonable in the circumstances as the householder believes them to be, to protect people in the dwelling from assault, to protect property, to prevent the commission of a crime or to make a lawful arrest. Section 2(4) provides that it is a matter for a court or jury to decide whether the householder's belief with regard to the amount of force used was honestly held and provides as follows:

It is immaterial whether a belief is justified or not if it is honestly held but in considering whether the person using the force honestly held the belief, the court or jury, as the case may be, shall have regard to the presence or absence of reasonable grounds for so believing and all other relevant circumstances.

I am satisfied that this Act achieves the correct balance in providing protections to the householder.