Dáil Éireann Debate, Wednesday - 26 October 2016
56. Deputy Thomas Byrne asked the Tánaiste and Minister for Justice and Equality the current rights of property owners with regard to defending their families, themselves and their property against intruders who may be armed with firearms or other weapons; and if she will make a statement on the matter. [32319/16]
View answerThe first course of action for any householder faced with a trespasser or burglar should be, where circumstances permit, to call the Garda Síochána. They are best placed to deal with violent offenders and to investigate offences.
As I outlined in my reply to Parliamentary Question No. 58 from the Deputy on 21 July this year, the Criminal Law (Defence and the Dwelling) Act 2011 clarifies the law concerning the circumstances in which householders may use reasonable force against persons trespassing in their homes with criminal intent. Section 2 of the Act sets out the criteria for use of reasonable force in such circumstances. The householder must believe that the intruder has entered the dwelling to commit a criminal act. The force used against the intruder must only be such as is reasonable in the circumstances as the householder believes them to be, to protect people in the dwelling from assault, to protect property, to prevent the commission of a crime or to make a lawful arrest. Section 2(4) provides that it is a matter for a court or jury to decide whether the householder's belief with regard to the amount of force used was honestly held and provides as follows:
"It is immaterial whether a belief is justified or not if it is honestly held but in considering whether the person using the force honestly held the belief, the court or jury, as the case may be, shall have regard to the presence or absence of reasonable grounds for the person so believing and all other relevant circumstances."
