PETER Power has welcomed new legislation announced this week which aims to empower people against intruders in their home.
The Minister of State is delighted that the situation has been addressed. “An attack on the family home and its occupants is an extremely serious crime. It is entirely natural for a home owner to protect his or her home and their family members”.
The new Bill will states that the use of justifiable force against an intruder with criminal intent would not exclude the use of force causing death.
He pointed out that the question of defending the home from trespassers has caused great controversy since the Padraig Nally case.
“An attack on a family home is a unique situation because we all have the right to feel safe and secure in our own homes. If that safety and security is violated or threatened, we should have the right to protect ourselves”.
“Everyone should be entitled to defend themselves using all reasonable force and should not worry about a criminal prosecution if they do so”.
The Bill also defines terms such as “dwelling”, “property” and the “curtilage” (area) of the home.
Other areas which have been addressed include the absence of a requirement on the part of an occupier to retreat when defending their home or their family against people entering with criminal intent.
The Limerick East TD highlighted the part of the part of the legislation which states that a person will not be liable in tort in respect of any injury, loss or damage arising from using reasonable force.
“This means that a home owner will not be held liable civilly if they act reasonably in defending their home”.
