Thomas Byrne (Meath East, Fianna Fail)
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58. To ask the Minister for Justice and Equality if a householder is entitled under law to use reasonable force to repel a trespasser or an assailant at a dwelling; the circumstances a firearm is allowed to be produced by the same householder in self-defence. [23887/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The first course of action for any householder faced with a trespasser or burglar should be, where circumstances permit, to call the Garda Síochána who are best placed to deal with violent offenders and to investigate offences.

The Criminal Law (Defence and the Dwelling) Act 2011 clarifies the law concerning the defence of the home. 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 use of reasonable force by a householder against an intruder entering the dwelling with criminal intent. The householder must believe that the intruder has entered the dwelling to commit a criminal act. 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 the jury, as the case may be, shall have regard to the presence or absence of reasonable grounds for the person so believing and all other relevant circumstances.