LEGISLATION ALLOWING “justifiable force” by a householder against an intruder has been published by Minister for Justice Dermot Ahern.
The Bill states that reasonable force can result in the death of an intruder in certain circumstances, but it is for the courts to decide whether any force used is justified.
Mr Ahern said the Bill restates existing law, redressing the balance in favour of the occupier.
The 10-page Criminal Law (Defence and the Dwelling) Bill defines justifiable use of force and allows such force to be used by the occupier to defend themselves and their property. There is no requirement to retreat in the face of an attack in the home, whereas up to now an inference was taken if the person did not do so.
The burglar cannot sue the occupier for damages if injured by the occupier legitimately defending themselves or property.
The Bill also defines the dwelling and the area adjacent, excluding any public place or location over a certain distance from the home.
The long-awaited Bill follows a major public debate about the use of lethal force prompted by the case of Co Mayo farmer Pádraig Nally, who killed John Ward in October 2004. Mr Nally claimed Mr Ward had come to his farm to rob him, and that he had shot him in self-defence.
He was jailed for six years for manslaughter and served 11 months before the Court of Criminal Appeal acquitted him after it was accepted he acted in self-defence.
There is no specific provision for the use of lethal force but in circumstances where justifiable force is used such force does not exclude the use of force causing death. The Minister said this was a “subtle” difference from the Law Reform Commission’s proposal of a “positive statement” providing for lethal force.
The advice of the Attorney General was that saying an intruder could be killed by lethal force “would actually be saying to the public generally that they can use such force even in circumstances where it wouldn’t be justified”. Under the legislation a court or a jury decides what is justifiable force but will have regard to the circumstances as the person using the force believed them to be at the time. It is immaterial whether such a belief is justified or not as long as it is honestly held, according to the Bill.
Mr Ahern insisted the Bill is not a “licence to kill” and it is for the courts to decide whether any force is justifiable for not. It is a restatement of existing law redressing the balance in favour of the homeowner “but at the same time it is not allowing the householder to use gratuitous violence against an intruder”.
Fine Gael justice spokesman Alan Shatter welcomed the Bill but said the delay in publishing it was unacceptable.
Labour spokesman Pat Rabbitte said careful consideration would have to be given to the provision that “if the court so accepts, a fatality can be deemed reasonable force”. The Irish Council for Civil Liberties said it “will closely study these proposals in order to establish whether they are human-rights compliant”.
