A Fine Gael Bill, which the party claimed restored the rights of victims over criminals, was voted down by the Government.
Taoiseach Bertie Ahern supported Minister for Justice Michael McDowell in dismissing the Bill, which was debated over two nights in Private Members' time. Mr McDowell had argued that the issue be put off for six months to think it through.
"The use of force must be proportionate and that is the issue," said Mr Ahern yesterday.
"Obviously a person has the right to defend himself, his property and family, but it must be proportionate."
Fine Gael leader Enda Kenny said it was a simple Bill and was intended to do three things: remove any question of homeowners having to retreat, prevent intruders to a household from suing a homeowner who acted reasonably, and create the presumption that force used by a homeowner in defending his wife, family and home was reasonable.
He asked Mr Ahern if he believed that a homeowner should have to retreat if his home was invaded or subject to intrusion.
"Does he believe that a homeowner should have to prove that the force he used in defending his home is reasonable? Does he think that a homeowner should be liable to be sued by someone who breaks into his home by day or night? Does the Taoiseach believe that is reasonable?"
Mr Ahern said the objection by the Government and others to the Fine Gael Bill was that it went too far. A gatecrasher into a party could be affected.
"It is not a suitable Bill to put on the statute book. While the issue of somebody defending his property must be proportionate, the Fine Gael Bill is not."
Mr Kenny said he agreed that the use of force must be proportionate, but the point made in the Bill was that the homeowner should not bear the onus of proof.
