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Da´Il E´Ireann Vol. 599 Wednesday, No. 6 23 March 2005 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Wednesday, 23 March 2005. Leaders’ Questions ………………………………1597 Ceisteanna—Questions Taoiseach …………………………………1605 Request to move Adjournment of Da´il under Standing Order 31 ………………1609 Order of Business ………………………………1610 Tribunals of Inquiry: Motion ……………………………1617 Ceisteanna—Questions (resumed) Ta´naiste and Minister for Health and Children Priority Questions ……………………………1647 Other Questions ……………………………1662 Adjournment Debate Matters ……………………………1674 Tribunals of Inquiry: Motion (resumed) ………………………1675 Irish Language: Statements ……………………………1686 Private Members’ Business Fur Farming (Prohibition) Bill 2004: Second Stage (resumed) ………………1720 Adjournment Debate Hospital Services ………………………………1749 Airport Development Projects …………………………1753 Road Traffic Offences ……………………………1756 Garda Investigations ……………………………1759 Questions: Written Answers ……………………………1765 1597 1598 DA´ IL E´ IREANN Mr. J. O’Keeffe: With headlines. ———— The Ta´naiste: An enormous amount of legis- lation in this area has been passed in recent years De´ Ce´adaoin, 23 Ma´rta 2005. and the budget of the Garda Sı´ocha´na has been Wednesday, 23 March 2005. increased by 75%. I cannot advise on what homeowners or property owners should be ———— entitled to do or not to do. However, I have always been a strong fan of the law being tilted Chuaigh an Ceann Comhairle i gceannas ar in favour of the victim, although perhaps it was 10.30 a.m. not always tilted that way in the past. I am aware that when individuals are injured if they trespass ———— on property it is the responsibility of the property owner. There are huge issues in this area. If legal Paidir. changes are required, the Minister for Justice, Prayer. Equality and Law Reform will consider the suggestions made by Deputy Kenny. ———— Mr. Kenny: I agree that the Minister for Leaders’ Questions. Justice, Equality and Law Reform is quick to Mr. Kenny: The continuous spate of break-ins comment in soundbites and that a raft of legis- and burglaries is causing increasing concern lation is proposed by his Department. Last year, throughout the country. Yesterday, a County however, there were 25,000 burglaries in this Mayo farmer was remanded in custody on a mur- country. It is difficult to appreciate the terror and der charge arising from an incident that occurred concern of somebody whose house has been at his home last October. I do not wish to discuss robbed, not to mention the anxiety and fear individual cases but it is important that we discuss caused if one finds somebody in the process of the law relating to homeowners who find them- robbing one’s property or invading one’s home. selves subject to an invasion of their home or to According to English law, a person’s house is a burglary. one’s castle. Article 40.5 of the Constitution The law as it is currently applied places, in the states that the dwelling of a citizen is inviolable. first instance, an obligation on the person whose It is the duty of the Government to enact legis- home is being burgled to retreat or find a method lation that provides protection for citizens. of retreating. If retreat is not possible, the Each night houses are being broken into and homeowner is legally required only to use such families are being terrorised. However, due to the force as he or she believes necessary. In other lack of balance in the law, a father or mother who words, is one to tap an intruder with a five iron? finds an intruder in his or her home is expected A person who discovers a burglar in his or her to retreat and where he or she cannot do so, must house at 4 a.m. is not in a position to anticipate use only such force as is considered necessary or how the courts will determine the position after suitable. If a burglar has a baseball bat and a a year has passed. In the heat of the moment, a homeowner has a shotgun, the homeowner is person whose house or premises is being burgled expected to leave aside the shotgun, get a base- must make a decision either to retreat and leave ball bat and have an equal contest. It is not very the burglars to do their business or to defend his feasible to do something like that at 4 a.m. I ask or her home, property and, in many cases, family. the Ta´naiste to speak to the Minister for Justice, Does the Ta´naiste agree that the law in such cases Equality and Law Reform. This is a matter of is unbalanced against the victim, who must make considerable concern to people all over Ireland. a quick decision in the heat of the moment? Will The law in this case is unbalanced and it should the Government give this matter priority or has be tilted in favour of the victim. The Ta´naiste is it plans to review the law in this regard? in a position to do something about that and I Night after night, people armed with knives are would like to see the Government act quickly breaking into and entering houses for the purpose on it. of feeding their drug addictions, robbing property or, as happened in recent incidents, kidnapping The Ta´naiste: I am always delighted to talk to families for criminal purposes. The law is the Minister for Justice, Equality and Law unbalanced in this area. Does the Government Reform and I will certainly talk to him on this. plan to review the legislation with a view to We have increased the budget of the Garda restoring balance for victims? Sı´ocha´na by 75%. We have provided an additional 1,200 prison places. We have reformed The Ta´naiste: We all share the concern the law in many respects. If there are continuing expressed by Deputy Kenny about the experi- deficiencies, I am certain the Minister would be ences of many citizens in urban and rural areas in happy to examine them with a view to bringing recent times. We have a reforming Minister for forward changes. I would not like to see us Justice, Equality and Law Reform and the law is become a society like that which exists in the US, constantly being reviewed. where guns are so freely available that tragedies 1599 Leaders’ 23 March 2005. Questions 1600 [The Ta´naiste.] missioned the Travers report for shelter and frequently occur like that which we heard about defended the Minister for Health and Children, yesterday. We have the best of both worlds here. Deputy Martin, by claiming that he knew nothing While there are criminal elements here which about it. How can anyone who has read the were behind recent bank robberies and kidnap- Travers report reach that conclusion? How can pings, a large proportion of burglaries is driven the Ta´naiste be happy to serve in Government by the need to feed a drug habit. That is why we with him and his two Ministers of State? Unlike must not spare any effort to deal with the serious the Minister for Health and Children, Deputy drug problems that exist, as they are fuelling Martin, the Ministers of State had the guts to crime throughout the country. admit they knew all about it. Mr. Rabbitte: I wish to return to the issue of The Ta´naiste: I did not commission the Travers long-stay charges. We do not know what this report to shelter anybody from anything. The cock-up will cost the taxpayer. The Government inquiry was set up on 16 December, long before cannot tell us, but it estimates it could be up to there was any decision by the Supreme Court or \ 2 billion. We have had no political account- even a decision by the President to refer the Bill ability from the Government, while one civil ser- to the Supreme Court. I established the Travers vant has been promoted sideways. As the House inquiry because I became aware on 15 December rises for the Easter recess, the Government is that the report given to me to take to the Cabinet clearly calculating that media interest will wane, was incorrect in some crucial respects. It did not the taxpayer will cough up and nobody will be inform the Government that a letter had been responsible. The Ta´naiste implied political culpa- drafted to be sent to the Attorney General which bility when she stated that systemic mal- was never issued. I felt that was a serious omis- administration did not just involve officials. Now sion on behalf of the Secretary General of my she retreats behind the Travers report for shelter Department. and states that it found no Minister culpable. We did not know the extent of the knowledge Travers found no paper record that states that the in the Department of Health and Children going former Minister for Health and Children, Deputy back to 1976. The Travers report found that the Martin, was sufficiently briefed. However, it is basic decision that caused the problem was that admitted in the report that two Ministers of State made in 1976. At that time, the legal advisors in knew about it. The Minister of State, Deputy the Department cautioned against doing what O’Malley, stated that not only did he know about was done. The error goes back to 1976 and that it, but that he understood that “they would give is why the State is exposed for certain cases, such rise to significant legal, operational, financial and as someone with an unsound mind.
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