Tories seek tougher household defence rights

The government is being urged to give householders more power to protect themselves against burglars.

Conservative MP Anne McIntosh has launched a Private Members Bill, which would allow householders to use all but “grossly disproportionate force” in order to protect their home from burglars.

Miss McIntosh’s bill is the second attempt to change the current legislation, which allows householders to use “reasonable force” to defend themselves against intruders.

It follows fellow Conservative Patrick Mercer’s attempt to introduce a similar bill in the last Parliament. The bill passed its first reading, by 130 votes to 4, but ran out of time and was not enacted.

Outlining the new proposals, Miss McIntosh, a shadow foreign affairs minister, said that the new bill would also cover commercial properties, giving the same rights on defence to shopkeepers. It would also allow householders and shopkeepers to use force to protect their property and belongings.

The new bill would also cover Northern Ireland, as well as England and Wales.

Launching the bill, Miss McIntosh said: "It is a clear matter of principle that people have the right to reasonably defend their family and their property. This should not just apply to domestic but also to commercial property. My bill will clarify the law; restore the balance between the victim, the property owner, and the intruder. Innocent people will know that defence of their property will not put them at risk of criminal charges."

Shadow Home Secretary and Tory leadership contender David Davis has supported the bill, who said: "Before the election Tony Blair said he supported reinforcing the rights of the burglary victim. Now he must demonstrate he means it by giving this Bill every possible support to accelerate it into law. If not he will prove he is on the side of the criminal, not the victim."

It has been argued that the present law leaves householders open to prosecution if they tackle intruders.

However, those opposed to a change in the legislation have argued that allowing householders to use anything other than reasonable force could lead to more burglars carrying weapons.

Earlier this year, Home Secretary Charles Clarke ruled that although the current legislation was “sound”, it needed further clarification.

The Crown Prosecution Service and Association of Chief Police Officers subsequently published guidance on the use of reasonable force for householders in England and Wales.

(KMcA/SP)