Taoiseach Bertie Ahern has dismissed a proposed Fine Gael Bill aimed at protecting householders who use force against intruders as "way over the top".
The Fine Gael Criminal Law (Home Defence) Bill would grant occupants rights to defend themselves against intruders and provide protection from civil liability to people who could be sued by a burglar.
Fine Gael leader Enda Kenny said told the Dáil this morning the Bill would ensure three things.
"First of all, it would remove any question of homeowners having to retreat," he said. "Secondly, preventing an intruder to a household from suing a homeowner who acts reasonably and thirdly, to create the presumption that force used by a homeowner in defending his wife and family and home is reasonable."
Mr Kenny claimed the Government had rejected this Bill because of an ongoing row within the Progressive Democrats. He claimed the "recent rumpus" within the PDs was affecting the work of the Government.
In response, Mr Ahern insisted the use of force has to be proportionate. "Obviously a person has the right to defend themselves ... but it has to be proportionate."
He told Mr Kenny the Government was of the opinion that the proposed bill "goes too far". It could lead to the situation where a "gatecrasher into a party" could be subject to attack, the Taoiseach said.
"Legally, everyone who has looked at your Bill considers it way over the top," he added. "While the issue of somebody defending their property has to be proportionate, your bill is not."
Mr Kenny said the onus of proof that force was proportionate should not be on the homeowner.
"There are people watching whose houses have been burgled last night, where there were no parties, where the only gatecrashers were those thugs and criminals who broke into people's property with ... evil intent," Mr Kenny said.
Mr Ahern responded by saying a person attacked in their home is already entitled under the law to use reasonable force. The current legislation was more than adequate to protect citizens.
The Taoiseach referred to a
case in Co Mayo last year when an intruder who was retreating from a property was shot in the back by the owner and died. "How can one write a law that allows the occupant of a house to wait until the intruders have gone out the door and then it is all right to shoot them in the back? Come on - let's be sensible," Mr Ahern said.
If Deputy Kenny wants to create a situation, the Taoiseach said, "where anyone can just blast away their gun at anybody they want, then I oppose that."
Fine Gael justice spokesman Jim O'Keeffe said yesterday the bill would shift in favour of the homeowner "in a considered and reasonable way", but it could in no way be described as a "murderer's charter".
