O'Keeffe suggests rebalance of law towards homeowner

Minister for Justice Michael McDowell referred to the fallout from the conviction of Co Mayo farmer Pádraig Nally for the manslaughter…

Minister for Justice Michael McDowell referred to the fallout from the conviction of Co Mayo farmer Pádraig Nally for the manslaughter of John Ward.

When Fine Gael spokesman Jim O'Keeffe suggested that the legal balance might be recast in favour of the homeowner, Mr McDowell said they should see "the colour of his money".

Mr McDowell said it was not easy to define a case where an action would constitute an offence under existing legislation but would not do so if a slightly different test was introduced.

"I agree with the deputy that the recently highly-publicised case has nothing to do with this issue because nobody in this House will suggest that a person, having shot and beaten another, should be at liberty to return to a shed, reload his or her weapon, hunt down the other person and finish him or her off. Nobody will suggest that such action should not constitute an offence."

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Mr O'Keeffe said, unlike the Minister, he would not refer to the recent case.

"Nobody wants a situation to pertain where people can be killed with impunity."

Earlier, Mr McDowell said current legislation said the use of force was justifiable in certain circumstances, and also what was "reasonable" use of force. It also provided that a belief of the need to protect oneself did not have to be justified objectively, if honestly held, and left it as a matter for the courts to decide.

Mr O'Keeffe said the pendulum needed to be swung more in favour of the homeowner who had to face an intruder, perhaps in very difficult circumstances. He was talking about the general issue.

Michael O'Regan

Michael O'Regan

Michael O’Regan is a former parliamentary correspondent of The Irish Times