McDowell in pledge to homeowners

All proposals to give homeowners more legal protection when confronting burglars will be considered, Justice Minister Michael McDowell said today.

A property owner can use justifiable force under closely-defined circumstances under the 1997 Non-Fatal Offences Against the Person Act.

But Mr McDowell said there was a delicate balance between the use of force and the protection of all citizens, but added he was open to constructive suggestions.

Responding to a Dáil question from Fine Gael, Mr McDowell said: “While we all strive to protect ourselves, our families and our property from potential danger, we must also be accountable for the actions we take in such a situation if they go further than is reasonable in the circumstances.”

He said the law as it currently stands was sufficient but he would consider any proposals by the Opposition.

“This is not something on which there should be issue-surfing.

“There is a delicate balance between the use of force and the protection of everybody in the community.”

Fine Gael’s justice spokesman Jim O’Keeffe acknowledged that there were plans in the UK to consider putting the onus on the prosecution to prove that the force used wasn’t justifiable.

“I take the view that the law needs to be re-balanced and the pendulum needs to swing somewhat more in favour of the homeowner who has to face the intruder in difficult circumstances ... in 25,000 burglaries a year,” the Cork TD said.

Mr McDowell then challenged Mr O’Keeffe to make practical suggestions on how the law can be balanced in favour of the homeowner.

“Let’s see the colour of your money on this issue. Let’s see exactly how you believe it should be done,” he said.

“It’s easy to speak about these matters but it’s another thing to say what would and would not constitute an offence.

“Nobody in this House would suggest that anybody should be at liberty to, having shot somebody and beaten them, to go back into their shed on their property, reload their weapon and go and hunt for them and finish them off.”

Bachelor farmer Padraig Nally was jailed for six years this month after he beat Traveller John Ward 20 times with a stick before fatally shooting him.

Refusing to refer specifically to the Nally case, Mr O’Keeffe said: “Nobody wants a situation where people can be killed with impunity.”

He added: “I will rise to the challenge and expect the minister to support a proposal that provides more of a defence for homeowners while not unbalancing the law unreasonably.”

Mr McDowell said he would consider all proposals in a fair and reasonable way.