New laws 'not carte blanche to kill burglars'
Proposed laws allowing householders to attack intruders are not a carte blanche to kill burglars, Justice Minister Dermot Ahern insisted today.
Legislation being pushed through the Dail states people can use reasonable or justifiable force against anyone caught breaking into their home.
Mr Ahern said this could, in certain circumstances, include killing the intruder with a registered firearm or other weapon.
But he stressed it would be up to the courts to decide if a homeowner, tenant or visitor was acting reasonably when they attacked the burglar.
"Ultimately, it is not for the public to interpret this, it is for the judge," he said.
"But I think it is a clear statement that those people who commit burglary run the risk of having reasonable force used against them."
The legislation, the Criminal Law (Defence and Dwelling) Bill 2010, also makes clear that householders can stand their ground and do not have to retreat from their home in the event of a break-in.
The planned law was drawn up after the public debate surrounding Co Mayo farmer Padraig Nally's controversial shooting dead of John "Frog" Ward in October 2004.
Mr Nally was handed down a six-year jail term for manslaughter but his conviction was overthrown when the Court of Criminal Appeal accepted he was acting in self-defence.
Mr Ahern said the existing law already allowed for householders to use "reasonable force" against an intruder.
The new legislation was merely re-stating or clarifying the issue, he said.
The Bill will also bar intruders from suing a householder for damages.
While insisting it was "not a carte blanche by any means", Mr Ahern added there could be circumstances where a registered firearm was justifiably used to defend a home.
"It does indicate there are circumstances where an intruder could be killed but it would be up to the court to determine the way in which they were killed was reasonable in the circumstances," he said.
Press Association
