Publication of Criminal Law Defence of Life and Property Bill

The Tánaiste and Minister for Justice, Equality and Law Reform Mr Michael McDowell T.D., has announced that the Government has given approval to a proposal for the priority drafting of a new Bill entitled Criminal Law (Defence of Life and Property) Bill.

The purpose of the Bill is to amend the existing legislation which applies to the defence of the person and the person's home. The legislation which currently applies in relation to self defence generally is the Non Fatal Offences Against the Person Act, 1997.

The new Bill will amend the criminal and the civil law in relation to the use of justifiable force by occupiers of domestic dwellings against trespassers entering with criminal intent, without obliging the person using such force to show that they did not avail of the opportunity to retreat in the face of a criminal trespasser.

Announcing the Government's approval, the Tánaiste said: "It is my contention that an attack in the home has unique characteristics given the emotive nature of an encounter between the occupant and an unwelcome intruder. I believe the law should have regard to the unique circumstances which prevail in a situation where an intruder is being dealt with in one's own home, the place we all have a right to consider to be a place of safety."

The proposed Bill will make provision for:

• the extent to which justifiable force may be used;
• defences which will apply in the context of a criminal prosecution against a trespasser entering the dwelling or the curtilage with criminal intent when the occupier believes the use of force to be justified;
• definitions for such terms as 'dwelling', 'property'. 'use of force' and the 'curtilage of the dwelling';
• the absence of a requirement to retreat on an occupier who is defending the dwelling or the curtilage  against an intruder with criminal intent;
• a defence in relation to the civil liability of an occupier in circumstances where force may have been used may be applied against an intruder entering with criminal intent.

The Scheme of the Bill which received Government approval on 6 March takes into account elements of a Private Member's Bill published by Senator Tom Morrissey in 2006 and which was debated in the Seanad on 28 February 2007.  The Government decided not to oppose that Bill and, in the course of the debate on the matter, the Tanaiste indicated that the Government would bring forward its own proposals on the issue of defence of the home dwelling which would incorporate some of the provisions of Senator Morrissey's Private Member's Bill.

The Scheme of the Bill is published on the Department's website www.justice.ie Work will now proceed on drafting the Bill.

14 March 2007