I am grateful to my hon. Friend for giving way again. On my understanding of the Bill, if one were out shopping and someone tried to steal something while one was in a covered shopping mall, using greater force would be justified because it is a building, but it would...

I am grateful to my hon. Friend for giving way again. On my understanding of the Bill, if one were out shopping and someone tried to steal something while one was in a covered shopping mall, using greater force would be justified because it is a building, but it would...

My hon. Friend is right: the Oklahoma law has nothing to do with the musical of the same name; it has been named after Mr. Clint Eastwood’s famous line—““Make my day, punk””—from the motion picture ““Dirty Harry””. Under the ““Make my day”” law, in effect, anyone who dares to enter...

My hon. Friend is right: the Oklahoma law has nothing to do with the musical of the same name; it has been named after Mr. Clint Eastwood’s famous line—““Make my day, punk””—from the motion picture ““Dirty Harry””. Under the ““Make my day”” law, in effect, anyone who dares to enter...

Will my hon. Friend reflect on the appalling situation whereby homeowners in the US are being attacked and shot with their own weapons? In some instances, the burglar has broken in and the homeowner has produced their gun, only for the burglar to grab it and shoot the homeowner. I...

Will my hon. Friend reflect on the appalling situation whereby homeowners in the US are being attacked and shot with their own weapons? In some instances, the burglar has broken in and the homeowner has produced their gun, only for the burglar to grab it and shoot the homeowner. I...

The delay in my rising is the consequence of my just having come to terms with the implications of this draconian and absurd Bill. Will my hon. Friend confirm that in discussing the Oklahoma law, he will talk about the number of people who have been shot dead as a...

The delay in my rising is the consequence of my just having come to terms with the implications of this draconian and absurd Bill. Will my hon. Friend confirm that in discussing the Oklahoma law, he will talk about the number of people who have been shot dead as a...

My hon. Friend makes a good point and I can add nothing to it. I was not planning to raise that issue so I am grateful to him for doing so. Lord Morris went on to say:"““If there is some relatively minor attack it would not be common sense to...

My hon. Friend makes a good point and I can add nothing to it. I was not planning to raise that issue so I am grateful to him for doing so. Lord Morris went on to say:"““If there is some relatively minor attack it would not be common sense to...

Does not that illustrate the point I made earlier? Although we have to accept that members of the public feel that the current law has grey areas, the Bill would only move us to a new grey area, with new dangers and a different set of circumstances under which people...

Does not that illustrate the point I made earlier? Although we have to accept that members of the public feel that the current law has grey areas, the Bill would only move us to a new grey area, with new dangers and a different set of circumstances under which people...

In fact, I think that the film was ““Sudden Impact””, rather than ““Dirty Harry””. However, we have the right actor, even if I named the wrong movie and got the quote wrong; the Oklahoma law is certainly known as the ““Make my day”” law. Perhaps we can move out of...

In fact, I think that the film was ““Sudden Impact””, rather than ““Dirty Harry””. However, we have the right actor, even if I named the wrong movie and got the quote wrong; the Oklahoma law is certainly known as the ““Make my day”” law. Perhaps we can move out of...

I am glad that my hon. Friend mentioned the common law defence. He will be aware that ““Archbold”” also suggests that section 3 would not cover all cases of defence of the person, noting that if a person was attacked by someone who was insane, so as not to be...

I am glad that my hon. Friend mentioned the common law defence. He will be aware that ““Archbold”” also suggests that section 3 would not cover all cases of defence of the person, noting that if a person was attacked by someone who was insane, so as not to be...

Who was shot in the buttocks.

Who was shot in the buttocks.

My hon. Friend is right. There would still be a grey area because we would still be arguing about what was or was not excessive force, but there would be a further grey area, perhaps tinged with red blood, in that the issues with which we would be dealing would...

My hon. Friend is right. There would still be a grey area because we would still be arguing about what was or was not excessive force, but there would be a further grey area, perhaps tinged with red blood, in that the issues with which we would be dealing would...

Conservative Members have made great play of the fact that the Bill would act as a deterrent, yet the only evidence they have been able to produce was given by one convicted burglar.

Conservative Members have made great play of the fact that the Bill would act as a deterrent, yet the only evidence they have been able to produce was given by one convicted burglar.

I am grateful to my hon. Friend. Perhaps we shall all get a surprise this morning and find that the Government are willing to support my reasonable proposals. The Tony Martin case captured public imagination. Regrettably, however, a threshold was crossed and the burglar was fleeing the building, possibly not...

I am grateful to my hon. Friend. Perhaps we shall all get a surprise this morning and find that the Government are willing to support my reasonable proposals. The Tony Martin case captured public imagination. Regrettably, however, a threshold was crossed and the burglar was fleeing the building, possibly not...

My hon. Friend is absolutely right. If we examine some of the cases, we see a different picture emerging. As we have no definition of ““grossly disproportionate””, perhaps we should consider some of the cases that have come before the courts and test them against the existing definition and against...

My hon. Friend is absolutely right. If we examine some of the cases, we see a different picture emerging. As we have no definition of ““grossly disproportionate””, perhaps we should consider some of the cases that have come before the courts and test them against the existing definition and against...

I am sure my hon. Friend is aware that the leaflet to which he referred, the joint statement from the CPS and ACPO, makes it clear that householders do not have to wait to be attacked before they can take action. It states:"““. . . if you are in your...

I am sure my hon. Friend is aware that the leaflet to which he referred, the joint statement from the CPS and ACPO, makes it clear that householders do not have to wait to be attacked before they can take action. It states:"““. . . if you are in your...

One point that has not been explored in detail yet is that the Bill states that even grossly disproportionate force can be used if the person using that force was not aware that it was grossly disproportionate. Does that not open an enormous grey area, which is not present in...

One point that has not been explored in detail yet is that the Bill states that even grossly disproportionate force can be used if the person using that force was not aware that it was grossly disproportionate. Does that not open an enormous grey area, which is not present in...

To be fair to the Opposition, those gangs would not be able to go out and do that. They would only be able to do so in a building.

To be fair to the Opposition, those gangs would not be able to go out and do that. They would only be able to do so in a building.

That allays the minor concern that I had, and I can now confidently, positively and happily support my hon. Friend’s stance.

That allays the minor concern that I had, and I can now confidently, positively and happily support my hon. Friend’s stance.

Does my hon. Friend accept that many burglars commit burglaries to fuel a drug habit? If a burglar is high on an illegal substance, the last thing they will do is sit down and analyse whether there is a deterrent, be it a baseball bat or whatever. They will commit...

Does my hon. Friend accept that many burglars commit burglaries to fuel a drug habit? If a burglar is high on an illegal substance, the last thing they will do is sit down and analyse whether there is a deterrent, be it a baseball bat or whatever. They will commit...

The proposed new subsection reads:"““Where a person uses force””." Will my hon. Friend enlighten us about what would happen if someone set a dog upon a supposed intruder? The dog would be using the force, but the person would have some control over the dog—or would they be held not...

The proposed new subsection reads:"““Where a person uses force””." Will my hon. Friend enlighten us about what would happen if someone set a dog upon a supposed intruder? The dog would be using the force, but the person would have some control over the dog—or would they be held not...

My hon. Friend is absolutely right to raise that. I was construing the phrase ““grossly disproportionate”” jointly, but one can consider it disjunctively as well, which creates two questions. As far as I am aware, there is no guidance in the common law, and there is certainly none in the...

My hon. Friend is absolutely right to raise that. I was construing the phrase ““grossly disproportionate”” jointly, but one can consider it disjunctively as well, which creates two questions. As far as I am aware, there is no guidance in the common law, and there is certainly none in the...