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I live remotly and would go on the offensive if I or mine were threatend ............
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Self-defence law 'to be introduced'
Minister for Justice Dermot Ahern has denied that legislation which would allow householders to use lethal force when defending their own was a licence to kill.
The draft Criminal Law (Defences) Bill 2009, published in a report by the Law Reform Commission, will be enacted in early 2010, he said.
“I don’t honestly think that it’s a licence to kill anybody,” Mr Ahern said. “It’s clarifying the existing law that somebody is entitled to use force against somebody who comes in with criminal intent into the home,” he said, adding that the force used had be proportionate and reasonable.
Mr Ahern said that the recommendations “tipping the balance” in favour of the homeowner and would clarify existing law.
“Every case is decided by the judge and jury on its merits…and obviously a jury would have to make their mind up based on what’s put before them.”
He said the Government would also be accepting the recommendation that there will not be a requirement to retreat or flee from their home. “People are entitled to stay in the home and to defend themselves within the home,” he said.
He noted that the Law Reform Commission were also recommending that the dwelling home be defined, not just as the house itself but the area immediately surrounding the house, adding that this was an issue which would have to be determined.
Speaking on RTÉ radio earlier this afternoon, Mr Ahern said the Government had prepared a Bill on the matter in 2007 but shelved the legislation pending the publication of the report by the Law Reform Commission.
Describing the LRC report as a "very major report", Mr Ahern said: "We do intend to pick the issue of home defence out of the report". He said: "based on the comments they have made and the recommendations they have made", the Government would "build on this existing piece of legislation that we were drafting".
"This is putting burglars on notice that if they do go into houses in this way that the person in the house is given more protection than here-to-fore," Mr Ahern said.
"They should take cognisance of that," he added.
A group representing rural communities has welcomed the proposal, but civil rights groups have described it as a “have-a-go” charter.
National network Irish Rural Link (IRL) chief executive Seamus Boland said: “Any such change would be welcomed by rural communities and would counter a growing sense of helplessness in rural areas. It would provide certainty on the rights of homeowners to defend their property.
"In a submission to the Joint Committee on Justice, Equality, Defence and Women’s Rights in October Irish Rural Link warned that ambiguity about the rights of homeowners to defend their property against trespassers is adding to a sense of vulnerability in rural communities."
Mr Boland said removing ambiguity around the rights of homeowners in their own homes to ensure they are able to protect themselves and their families was important.
"There is a perception that the deep-rooted psychological effects home robberies have on those affected are not considered by the justice system and this must also be addressed.
"The most effective way to deter robberies and those who intend to harm others remains ensuring that they are fearful of being caught, prosecuted and convicted."
The Irish Council for Civil Liberties (ICCL) has described the proposals on home defence as a “have-a-go” charter, which it said would rely on murder trials to tell householders they have been wrong to use lethal force.
ICCL director Mark Kelly said: “Changing the law to encourage householders to 'stand their ground' when confronted by burglars will be understood by householders as a charter to 'have-a-go'.”
Mr Kelly said a householder who used lethal force against a burglar would still face a murder trial and "may well be convicted”.
“The State has a duty to protect the right to life of householders, including through laws that reduce, not increase, the risks they face.
"That duty is not properly discharged by encouraging people to stand their ground and face violence which they could safely avoid. Nor are murder trials for householders the best means to discourage them from using lethal force unless it is absolutely necessary.”
The Government rejected a Fine Gael Bill in September that would have protected householders who attack burglars in their home.
The party’s justice spokesman Charlie Flanagan said: “I believe that the law should clearly entitle a homeowner or occupier to defend themselves and their family.
“I’m not advocating a licence to kill but what I’m doing is promoting a redress of the balance of law.”
The draft Bill is appended to a report on Defences in Criminal Law, which will be launched by Minister for Justice, Dermot Ahern, this evening.
Mr Ahern recently told the Dáil that intrusion into a home “should not be tolerated”.
The Non-Fatal Offences Against the Person Act 1997 makes clear that reasonable force may be applied by somebody seeking to protect themselves or their family from injury, assault or detention.
Force can also be used to protect one’s property from “destruction or damage caused by trespass”.
However, it is not clear where a citizen stands legally when simply confronting an intruder in his or her home.
The LRC report contains 46 recommendations and includes a draft Criminal Law (Defences) Bill 2009.
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