CRIME LEGISLATION:MINISTER FOR Justice Dermot Ahern has told the Dáil he is a firm believer in tough legislation, but he has rejected as "rushed" and "flawed" a Fine Gael Bill to prevent trespassers from taking civil actions against homeowners who injure them.
The Criminal Law (Home Defence) Bill was introduced by Fine Gael justice spokesman Charlie Flanagan who said it was “ridiculous” that a homeowner could face criminal charges in defending their property.
The legislation was defeated by 43 votes to 81. Labour abstained and Sinn Féin voted against the Bill during the Private Members’ debate.
Stressing that the Bill had nothing to do with using lethal force to defend one’s property, Mr Flanagan said it was concerned exclusively with non-fatal force and sought to amend 1997 legislation. He pointed out that burglary figures increase during economic downturns and accordingly the Bill was timely.
The Minister said good legislation was needed. The Law Reform Commission is finalising a report on the issue which will be published by year end and will contain a draft Bill, he said.
“I am a firm believer in tough legislative provisions in combating criminal activity of all kinds,” said Mr Ahern. “Recent legislative measures which I brought to a conclusion in the last Oireachtas session in respect of a range of criminal law matters are testimony to this and I make no apologies for taking such a stance.”
But he did not believe the Fine Gael proposal “is adequate, well thought out or robust enough to justify it receiving Government support.”
Mr Ahern said “this Bill contains numerous flaws which in my opinion render it inoperable for the purpose for which it is intended”.
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