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Dáil Éireann debate -
Wednesday, 10 Dec 2003

Vol. 576 No. 6

Written Answers. - Proposed Legislation.

Mary Upton

Question:

237 Dr. Upton asked the Minister for Justice, Equality and Law Reform his plans to give a statutory definition to a defence of self-defence for offences involving a fatality; and if he will make a statement on the matter. [30255/03]

The Law Reform Commission is currently engaged in a comprehensive review of the law of homicide, including the defences. It published a consultation paper on homicide in March 2001 entitled The Mental Element in Murder. In its introduction to that consultation paper, it indicated that it envisaged further papers which would focus on other aspects of the law of homicide. It identified provocation, legitimate defence, manslaughter, including corporate manslaughter, causation and proper limits of exculpation. In October 2003 two further consultation papers entitled Corporate Killing and Homicide and the Plea of Provocation were published.

I await the completion of the commission's work and the publication of its final report before coming to any decisions on the need for legislative changes. I take this opportunity to welcome the commission's examination of these issues.

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