Bill to give homeowners right to kill intruders

HOUSEHOLDERS will have a legal right to use force up to and including killing an intruder in defence of homes and families, as long as they can prove they honestly believed their actions were “reasonable”.

Justice Minister Alan Shatter brought the Criminal Law (Defence and the Dwelling) Bill 2010 before the Seanad, where he told senators the “harsh reality of crime and in particular the crime of burglary” had to be addressed.

He said nobody could disagree with the proposition that people should feel safe in their own homes and that an intrusion was “an attack on our peace of mind that can destroy a person’s sense of personal security and cause disturbance for many years after it has occurred”.

“That is why the law has always seen an intrusion into the home as a particularly egregious offence,” he said.

Until now common law has provided that people can use force to protect themselves, others and to protect property. The bill proposed by the Government clarifies and strengthens the existing legislation when it comes to protecting the home.

The bill also says that it is immaterial whether the householder had a “safe and practicable” opportunity to retreat from the dwelling before using the force.