'Lethal Force' Intruders Bill Heard

The Department of Justice has published a criminal law bill, which could see homeowners permitted to use lethal force against intruders.

Under the bill, people will be allowed to use reasonable force against intruders to defend themselves, others or their property and also permits lethal force in certain circumstances.

Currently, house owners are required to retreat from an intruder and intruders injured as a result of reasonable force are technically able to sue the house owner.

The Minister for Justice Dermot Ahern said the new Bill would clarify the criminal and the civil law in relation to justifiable self-defence, including where that force causes the death of the intruder, and the extent to which justifiable force may be used.

Speaking on its publication last night, Minister Ahern said: "I consider that an attack in the home has unique characteristics given the potentially emotive nature of an encounter between an intruder with criminal intent and the occupier wishing to defend his or her home or property and perhaps other family members.

"This Bill is intended to give recognition to the unique circumstances which prevail when an intruder is being confronted in the place we all have a right to feel is a place of safety, that is our own home."

The Association of Garda Sergeants (AGSI) and Inspectors welcomed the bill and said it was ridiculous to suggest the bill provided a "have-a-go charter" to homeowners. They said the current situation, which legally demands a house owner retreat from an intruder, was "intolerable".

"The bill is welcomed because it aims to clarify the entitlements of a homeowner when faced with the situation where an uninvited intruder has entered the home," said AGSI vice-president Dan Hanley.

He added: "The Bill aims to shift the balance of rights back to the homeowner where it should always have been. It is intolerable a homeowner should be compelled to retreat in front of an intruder who has entered the home and who may have malign intentions towards the homeowner, the family or the homeowner’s property.

"It is ridiculous to suggest the Bill, which attempts to redress a serious legal imbalance, would provide a licence to kill or a 'have-a-go' charter for homeowners, the vast majority of whom will continue to act with good sense and in a peaceful way."

Mr Ahern also dismissed the suggestion the Bill was a "licence to kill" saying it merely allowed for lethal force provided it was justifiable.

Fine Gael, who have also welcomed the bill, criticised the time it has taken to come before the Dáil and claimed the Bill would not become law until at least autumn.

(DW/KMcA)