As I stated in a topical issues debate in the House on the 29 February, the Criminal Law (Defence and the Dwelling) Act 2011 clearly outlines the rights of householders when faced with an attack or an intrusion in their own house.
Section 2 of the Act provides that where a trespasser is entering the dwelling to commit a criminal act, a householder may use such force as is reasonable in the circumstances in order to protect people in the dwelling from assault, to protect property, to prevent the commission of a crime or to make a lawful arrest.
The Act explicitly provides that the person does not have to retreat from their home and contains a specific provision in relation to civil liability. Section 5 provides that—
Notwithstanding the generality of any other enactment or rule of law concerning the civil liability of persons in relation to trespassers, a person who uses such force as is permitted by Section 2 in the circumstances referred to in that section shall not be liable in tort in respect of any injury, loss or damage arising from the use of such force.
Therefore, if a householder faced with an attack in their house uses reasonable force in the circumstances listed in section 2 of the Act, they are not liable in tort for injuries, damages,etc. This applies to a person when in their dwelling or curtilage (as defined in the Act).
There is no need, therefore, for further legislation in this area. It is not a matter for the Minister for Justice and Equality to comment on the particular circumstances of any settlement made in a private civil action.