Law Reform Commission Suggestions on Lethal Force “Lack Credibility” says Rights Watchdog

Press release, for immediate release

14 December 2009

Ireland leading rights watchdog, the Irish Council for Civil Liberties (ICCL), has said that some of the Law Reform Commission’s suggestions for wording of a new Criminal Law (Defences) Bill “lack credibility”.

The criticism came after the Law Reform Commission released a series of suggestions on the issue of home defence.  Although these are only suggestions, rather than draft legislation, they include changing the current law to grant householders permission to use lethal force in order to repel burglars from entering houses.

The Law Reform Commission has also suggested wording in relation to the use of force by Gardaí and prison officers which fails to take account of Ireland’s international human rights obligations.

Speaking after the publication of the Commission’s suggestions this afternoon (14 December 2009), ICCL Director Mark Kelly said:

“The Law Reform Commission is suggesting that the Government should overturn the well-settled law that a person cannot kill a burglar simply for being a burglar. This comes perilously close to the ill-fated 2007 suggestion by a former Minister for Justice (Michael McDowell) that householders could be granted some form of licence to kill.  As our Supreme Court has made clear, given that the State itself does not impose capital punishment for burglary, it certainly cannot issue householders with a licence to carry out extra-judicial executions of burglars”.

“The Law Reform Commission’s suggestions for wording in relation to the use of force by Gardaí and prison officers also lack credibility, in that they fail to properly reflect Ireland’s international obligations under the European Convention on Human Rights.  All force used by law enforcement officials is potentially lethal, and potentially lethal force should only be used if it is absolutely necessary, in other words, if there is no other way in which a lawful objective can be achieved.  This requirement is not adequately reflected in the wording suggestions that the Law Reform Commission has made today”, Mr Kelly added.

“The ICCL has concluded, with considerable regret, that these suggestions lack credibility and are most unlikely to pass Constitutional muster”, Mr Kelly concluded.

ENDS.

For more information, please contact:

Walter Jayawardene

Campaigns & Communications Officer

Irish Council for Civil Liberties

9-13 Blackhall Place

Dublin 7

Ireland 

Tel. + 353 1 799 4503

Mob: +353 87 9981574   

Fax. + 353 1 799 4512

 E-mail walter.jayawardene@iccl.ie

Web     www.iccl.ie

Note to editors:

Section 3 (1) (d) of the Law Reform Commission’s suggestions for a Draft Criminal Law (Defences) Bill 2009 (page 219 of the Law Reform Commission’s document) concern the use of lethal force against persons entering houses unlawfully.

Section 4 of the Law Reform Commission’s suggestions for a Draft Criminal Law (Defences) Bill 2009 (page 221 of the Law Reform Commission’s document) concern the tests for the use of lethal force by law enforcement officials.