ICCL hails end to home-defence Bill

The Irish Council for Civil Liberties (ICCL) has welcomed the Minister for Justice Brian Lenihan's decision not to proceed with…

The Irish Council for Civil Liberties (ICCL) has welcomed the Minister for Justice Brian Lenihan's decision not to proceed with legislation which it describes as a licence to kill.

The Criminal Law (Defence of Life and Property) Bill 2007 was published in March by Mr Lenihan's predecessor Michael McDowell amid strong criticism from the ICCL.

It was originally designed to re-balance the law in favour of home owners who use force to defend their property.

In effect, it would have authorised home owners to use of whatever degree of force they deemed reasonable when confronted by an intruder.

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However, the ICCL argued that if enacted, the Bill would have been a "licence to kill" resulting in an increase to the overall level of violence.

ICCL director Mark Kelly, said that by raising the stakes for burglars, the Bill placed householders at even greater risk, and flaunted Ireland's international human rights obligations.

"Irish law already provides a perfectly adequate framework within which the courts can decide, on a case-by-case basis, whether or not the degree of force used in particular case was lawful, necessary and proportionate," Mr Kelly said.

Mr Lenihan announced his decision not to proceed with the Bill in an interview published yesterday.

The Minister said he believed there was a danger in legislating too much and he felt it better to let the courts decide what force is reasonable in the particular circumstances.

Luke Cassidy

Luke Cassidy

Luke Cassidy is Digital Production Editor of The Irish Times