Dáil Éireann Debate, Tuesday - 2 May 2017
153. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality her plans to amend the law in relation to the defence of provocation in line with the Law Reform Commission's recommendations; and if she will make a statement on the matter. [19836/17]
Amharc ar fhreagraIn Irish law, provocation is a partial defence applicable only to murder. When raised successfully, it operates to reduce murder to the lesser charge of manslaughter. The basis for this is that the accused lost self-control in response to provocation. The test for the defence of provocation, set out by the Court of Criminal Appeal in the case of The People (DPP) v. MacEoin, is a predominantly subjective test.
The Law Reform Commission considered the defence of provocation in its 2009 Report on Defences in Criminal Law. The Commission recommended that provocation should be retained as a partial defence to murder. However, the Commission also concluded that the defence of provocation should be modified and reformed. In particular, the Commission recommended a withdrawal from a purely subjective test and the introduction of a defence remodelled on objective lines.
The recommendations of the Law Reform Commission regarding the defence of provocation are under consideration within my Department.
