FG seeks greater protection for crime victims

Fine Gael leader Enda Kenny has called for the law to be changed to protect victims of burglary.

Fine Gael leader Enda Kenny has called for the law to be changed to protect victims of burglary.

Speaking during leaders questions in the Dáil this morning, Mr Kenny said the law as it currently stands is unbalanced against the victim.

"As I understand it, the law as currently applies places an obligation on a person whose home is being robbed that they must in the first instance retreat or find a method of retreating" said Mr Kenny.

"If retreat is not possible, the homeowner is legally required only to use such force as they believe necessary. In other words, if a burglar has a baseball bat and a homeowner takes out a shotgun they're expected to leave aside the shotgun and get a baseball bat and have equal contest at 4am in the morning.

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"It's not very feasible to do something like that."

Mr Kenny asked the Tánaiste, who was standing in for the Taoiseach, whether the Government had any plans to review the law in this area.

"It is the duty of the Government to provide protection for its citizens," he said

Replying to Mr Kenny, Ms Harney said the law was constantly being reviewed.

"What homeowners should or should not be entitled to do is not something I can advise on except I'm always a strong fan of the law being tilted in favour of the victim and maybe in the past that wasn't always the case," she said.

"I know there are issues in relation to individuals being injured if they trespass on your property and that being the responsibility of the property owners and there are huge issues around many of these matters.

"I'm sure if there are legal changes required to be made the Minister for Justice will give some consideration to the suggestions being made by Deputy Kenny."

Mr Kenny said there had been 25,000 burglaries last year in Ireland and urged the Tánaiste to speak personally to the Minister for Justice as a matter or urgency.

"You are in the position to do something about that and I'd like to see the Government act and act quickly on it," he added.

Ms Harney said she would speak to the Minister for justice in relation to the matter.

"We have greatly reformed the law in many respects. If there are continuing deficiences I'm quite certain the Minister for Justice will be happy to examine them with a view to bringing forward changes," she said.

"A large proportion of burglaries are driven by the need to feed a drug habit and that's why we shouldn't spare any effort to deal with serious drug problems that exist in our society which I think is fuelling crime throughout the country."

The Tánaiste also said she would not like to see the State become like the United States where guns were "too freely available."