  Ceisteanna — Questions.
Interdepartmental Committees.
Priority Questions. Other Questions. Adjournment Debate Matters. Leaders’ Questions. Requests to move Adjournment of Dáil under Standing Order 31. Business of Dáil. Order of Business. Estimates for Public Services 2006: Leave to Introduce. Estimates for Public Services 2006: Referral to Select Committee. Criminal Justice Bill 2004: Order for Report Stage. Criminal Justice Bill 2004: Report Stage. Private Members’ Business. Criminal Law (Home Defence) Bill 2006: Second Stage. Mr. J. O’Keeffe:   I move: “That the Bill be now read a Second Time.”+ An Leas-Cheann Comhairle: Is that agreed? Agreed. Mr. J. O’Keeffe: I am delighted to introduce the Criminal Law (Home Defence) Bill on behalf of ++++++++++ ++++++++++ ++++ Mr. Kenny: All this week we have seen from the Government what Mrs. Thatcher described as ++++++++++ ++++++++++ Mr. Deenihan: I am delighted to see Senator Morrissey in the Visitors Gallery. No doubt he is +++++++ Mr. Crawford: I welcome the opportunity to speak on this important legislation. Figures have +++++ Minister for Justice, Equality and Law Reform (Mr. McDowell): I move amendment No. 1:++++++++ Mr. J. O’Keeffe: Yes. This is intentional. Mr. McDowell: If this is the case, it means that in an action for damages, a trespasser ++++++++ Mr. J. O’Keeffe: The Minister is misreading the situation. Mr. McDowell: ——and one that most people would consider unreasonable, however + Mr. J. O’Keeffe: The Minister is deliberately misreading the situation. Mr. McDowell: This is what the Deputy told us. He was clear. He intervened in my speech to + Mr. J. O’Keeffe: I will deal with the Minister. Mr. McDowell: ——no civil liability would attach. Mr. J. O’Keeffe: He is splitting hairs to try to find a way out of his predicament. Acting Chairman (Mr. McCormack): The Minister without interruption. Mr. McDowell: The Deputy is huffing and puffing. A dwelling is defined as including any + Mr. J. O’Keeffe: Is it because the Minister prefers his own ideas? Mr. McDowell: We must consider why this Bill is being cast in these terms. In contrast with ++ Mr. J. O’Keeffe: That scenario is already covered by self-defence. Mr. McDowell: Manslaughter is committed by any unlawful use of force resulting in the death + Mr. J. O’Keeffe: In this Bill. Mr. McDowell: Yes. Mr. J. O’Keeffe: One is already protected by the law. Mr. McDowell: In those circumstances, this Bill is of no use to anyone. If one shoves a + Mr. J. O’Keeffe: Listen to the Minister. He is looking for the title of joker of the year. Mr. Howlin: Pots and kettles. There are more than 400 amendments to the Minister’s + Mr. McDowell: Section 6 would amend section 13 of the 1997 Act by excluding a person from an + Mr. J. O’Keeffe: The Minister obviously was not able to convince the Tánaiste in that + Mr. McDowell: The Bill proposes that where a householder uses force to repel or prevent ++  8 o’clock Mr. Howlin: Will we not? Mr. McDowell: It will probably agree with me that in the drafting of the Bill, children fall + Mr. J. O’Keeffe: That is ridiculous. Mr. McDowell: No matter how brutal or savage the force unleashed, any injury perpetrated on ++ Mr. J. O’Keeffe: Is the Minister admitting his authorship at this stage? Mr. McDowell: No. I assisted Senator Morrissey with that Bill just as I assisted—— Mr. Howlin: The Minister did not speak to the Tánaiste about it. Mr. McDowell: ——Senator Norris with his Bill on civil partnerships. On a number + Mr. Howlin: It surely has. Mr. McDowell: Actually, I have a few minutes remaining. My concern is that the emotive nature +++++ Mr. Howlin: Was the Minister wearing his FCA uniform? Mr. McDowell: No. I had to hold him at bay with a poker while my parents summoned the police. Mr. J. O’Keeffe: The Minister should be careful. Anything he says might be taken down and used + Mr. McDowell: I would have used force to prevent him doing further damage to the house + Mr. Howlin: I bet the Minister would. Mr. McDowell: When the gardaí arrived he made a run at them and me and was dealt with +++ Mr. J. O’Keeffe: The Minister is splitting hairs to get himself off a very big hook. Mr. McDowell: I am not splitting any hairs but pointing out to the Deputy that his Bill does + Mr. J. O’Keeffe: Let the Bill progress to Committee Stage and we will iron out any difficulties + Mr. McDowell: The Deputy admitted as much when challenged in the House. He said he was giving +++ Mr. J. O’Keeffe: What a sad, pathetic defence by the Minister. Mr. McDowell: I know that the Labour Party, which has a slightly better grasp on reality and + Mr. J. O’Keeffe: A sad, pathetic defence of the Minister’s position. Mr. McDowell: The more I think about this Bill, the more convinced I am that it is a tactic, + Mr. J. O’Keeffe: That is very obvious. Mr. McDowell: ——unless they see—— Mr. J. O’Keeffe: The rug is being pulled from under the Minister. Mr. McDowell: ——a proposal in black and white. Mr. J. O’Keeffe: The Minister will be kept on a leash from now on. That is obvious, too. |