Defending homes law ‘not licence to kill’

TÁNAISTE and Justice Minister Michael McDowell last night warned no one would get a “007-style” licence to kill when laws are tightened giving householders more rights to defend their homes.

He promised legislation early in 2007, on foot of the Law Reform Commission’s call for a radical shift in the balance of justice towards people facing intruders.

“All of us have the right to use any reasonable force to protect our own lives but none of us are given some kind of 007 licence to kill by the law,” he said.

“As far as I’m concerned, the balance must be struck in favour of the homeowner in this matter and I have every confidence that when the law is re-balanced, juries will do the right thing.

“It is the view of the LRC that, at the moment, the occupant of a house has a duty to retreat in the face of violent attack rather than defend himself and that is clearly an in-balance that has to be addressed and rectified,” the minister said.

Mr McDowell promised a change in the law to give greater rights to households when the Criminal Law (miscellaneous provisions) Bill returns to the Oireachtas in the New Year.

The LRC recommended householders defending their property should not be expected to retreat in the face of an attack, but if they use lethal force it must be justified by the threat to them and the proportionality of their actions.

Fine Gael leader Enda Kenny accused the Government of dragging its feet on home defence following 18 months of pressure for action from his party.

Referring to the assassination of the young Latvian mother in north Dublin last weekend, Mr Kenny mocked the Tánaiste’s assessment of gangland crime as the “last sting of a dying wasp”.

“When are we going to see hardened criminals put away for a long time?” he asked.

Mr Kenny claimed that the gun amnesty has not worked and Glock handguns could still be bought on the streets of Dublin for a few hundred euro.

Green Party leader Trevor Sargent said people in Swords and surrounding areas were living in fear, following last weekend’s murder, as well as the sexual assault of two young children.

The Dublin North TD warned the burden on garda resources was now becoming excessive.

“An area like Fingal [North Dublin County Council] has seen a population explosion without the commensurate growth in garda resources,” he said.

Mr Sargent called for a task force to examine policing and security needs in fast-growing commuter belt towns like Swords.