Law watchdog warns against proposed 'licence to kill' law for homeowners
Planned “licence-to-kill” laws to protect homeowners against burglars would allow for the shooting of children in an orchard, a leading human rights watchdog claimed today.
The Irish Council for Civil Liberties (ICCL) said State law reformers have overstepped the mark with their proposals to allow people to use lethal force to defend their property as well as themselves.
Before an Oireachtas committee, Fianna Fáil’s Sean Connick TD backed an overhaul of existing self-defence legislation, insisting fear had a part to play in discouraging criminals from breaking into homes.
“As a child growing up we would have raided orchards, but there was always an orchard or two you wouldn’t go near because you were afraid the guy who owned it had a reputation of coming out after you, firing a shot into the air,” he said.
“So fear does work, it has a part to play in insuring people think twice before they cross the threshold.”
But ICCL director Mark Kelly said the draft laws to allow householders gun down or knife an intruder simply for entering their home – or the “vicinity” of the house – would “up the ante” and encourage burglars to arm themselves.
The human rights lawyer warned the right to use lethal force would be extended to driveways, fields and gardens under the plans and technically allow for landowners to shoot children stealing apples from their orchard.
“The definition of the vicinity of a dwelling in the Law Reform Commission proposals is so broad it could encompass precisely that situation,” he said.
“If the Law Reform Commission proposals became law, potentially, there wouldn’t be a safe orchard in the country.”
Mr Kelly said while homeowners had undoubted rights to defend themselves, burglars also had a right, enshrined by the constitution, not to be shot dead if they are not an immediate threat to anybody.
The existing law struck the right balance – allowing for the diminished rights of burglars if they break into a house – and needed to be clarified, not changed, he insisted.
He argued that legislative changes will never discourage burglars, and other measures such as increased policing should be used to tackle the problem.
If the Law Reform Commission proposals are accepted, they will introduce laws similar to former Justice Minister Michael McDowell’s notorious and ill-fated 2007 “licence to kill” legislation, added Mr Kelly.
Seamus Boland, chief executive of countryside campaigners Irish Rural Link, told the Joint Committee on Justice, Equality, Defence and Women’s Rights there was an “incredible fear” among people living in remote areas about being attacked in their own homes.
His organisation wants to see the right to use lethal force against intruders extended to the grounds of a house.
“We are not calling for a ’have a go’ charter or an untrammelled ’licence to kill’ but a defender should not be required to retreat from an attack in their dwelling,” he said.
