Ahern: Home Defence Bill 'over the top'
Opposition proposals to give householders more protection against intruders is way over the top and not suitable for legislation, the Taoiseach told the Dáil today.
Fine Gael’s Criminal Law (Home Defence) Bill, which allows homeowners to use reasonable force to defend their property and families, will be debated by TDs tonight.
The Government said it will consider the issues involved in the proposed legislation after the summer recess.
However Justice Minister Michael McDowell claimed in the Dáil last night that under the Private Members’ Bill, householders could use force against gatecrashers to a party and be immune from prosecution.
The Taoiseach today told the Dáil that the provisions in Fine Gael’s Bill goes too far.
“I must tell the Fine Gael backbenchers that everyone who has read their Bill considers it to be way over the top legally,” he said.
He added: “It is not a suitable Bill to put on the Irish Statute Book.
“While the issue of somebody defending his property must be proportionate, the Fine Gael Bill is not.”
Fine Gael leader Enda Kenny claimed that there are up to 500 burglaries a week.
“At 2am tomorrow morning, when a house in this city or any other town is burgled, does the Taoiseach believe that the owner of that house should have to retreat?
“Does the Taoiseach believe that the owner of that house in defending his wife, family and property, inside his house, for which he has paid taxes, stealth charges and so on, should be liable to be sued by somebody who breaks in and trespasses with the intent of evildoing or stealing or whatever?
“Does the Taoiseach believe that the homeowner should have to prove that his defence of his property and his wife and family was reasonable?”
Mr Kenny noted that the Government will bring forward a Bill to deal with these issues in coming months.
He added: “There are people watching us this morning whose houses were burgled last night, where there were no parties, where the only gate-crashers were the thugs and criminals who broke into their property with evil intent, stealing to feed cocaine habits or whatever else.”
Mr Kenny said his party’s own lawyers believe the Bill is constitutional, does not go over the top and swings the pendulum back towards homeowners rather than thugs and criminals.
However Mr Ahern warned: “If we do not have clear and good law, people will start to take the law into their hands.”
The Taoiseach referred to a controversial case in Co Mayo last year when an intruder who was retreating from a property was shot in the back by the owner and died.
“How can one write a law that allows the occupant of a house to wait until the intruders have gone out the door and then it is all right to shoot them in the back? Come on – let us be sensible,” Mr Ahern asked.
The Taoiseach accused Mr Kenny of turning the issue into a populist matter.
