Anne McIntosh

Conservative Party | Vale of York

We must put the victims first in battle against crime

Yorkshire Post

12 November 2007

Today, I am meeting Jack Straw, the Justice Secretary, to discuss the right one has to defend one's property and possessions against intrusion and burglary.

The fear of crime, and of being at risk of crime, is growing. Clearly the law does not represent a fair balance between the rights of the victim of a burglary and the rights of the burglar.

If we are to tackle crime effectively in Britain, it is essential that we put the victim first. We need to do far more to protect the right of victims of crimes to defend their properties, their possessions and their family.

If an individual chooses to break in to another person's property, be it residential or commercial, they must be aware that that person has the right to use whatever force is necessary, albeit not grossly disproportionate, to protect both their lives and their property.

The test of "grossly disproportionate" is that introduced by the Government in amending the law in 2003 where it allowed an intruder injured during a burglary to sue for civil damages if homeowner used force deemed to be grossly disproportionate to the threat posed by the intruder.

We, as Conservatives, want to see that same test applied to all home and property owners, ie to use any level of force against an intruder in self defence provided it is not deemed to be grossly disproportionate.

Most people will remember the case of Norfolk farmer Tony Martin who was jailed in 1999 for killing 16-year-old Fred Barras, and wounding Brendan Fearon, after confronting them at his isolated home. Clearly, the circumstances of that incident, using force against the burglars as they were leaving the scene, were deemed to be disproportionate.

In 2005, I was fortunate enough to win a high place in the ballot for Private Members Bills and introduced a draft law that aimed to restore the balance of rights in favour of the property owner, as opposed to the burglar.

It was designed to reassure people that they can protect what is rightfully theirs while acting in self-defence, without fear of arrest and prosecution. The thrust of my Bill was to introduce the same legal test under criminal law as the Government allowed under civil law.

My Bill received wide popular support. There was also backing from large numbers of consumer and retailing groups, such as the National Neighbourhood Watch Association, the Federation of Small Businesses and the Security Institute, plus cross-party support in the House of Commons.

It was also supported by Bob Turney. Bob was formerly a convicted burglar who spent many of his younger years in and out of prison. He is now a reformed character, writing and speaking on crime prevention and rehabilitation. However, at the time, the Home Office refused to support the legislation with Fiona MacTaggart, the then Minister, stating that the law change was unnecessary.

Then Jack Straw, the new Justice Secretary and Lord Chancellor, announced during the Labour conference that the Government would be introducing the Criminal Justice Bill and a review of the balance of the law. He went on to say: "The justice system must not only stand up but be seen to be standing up for people if they do the right thing as good citizens. So I intend urgently to review the balance of the law to ensure that those who seek to protect themselves, their loved ones, their homes and other citizens, know that the law really is on their side, that we back those who do their duty."

I welcomed this U-turn by the Government as I am sure the public will as well. Since then, Mr Straw has approached me to have a discussion on the wording of the Bill.

This type of cross-party co-operation is commendable as we work towards improving the rights of law-abiding people. We have now arranged to meet today to discuss the inclusion of my Bill as an amendment to the Criminal Justice Bill.

I honestly believe in the power of this amendment to introduce stronger rights for homeowners and businesses to protect themselves from intruders when acting with reasonable force and clearly in self-defence. This is a matter of fairness, equity and most importantly, justice, and I welcome the Government's change of heart to support my proposed change of law in this regard.

I welcome Jack Straw's approach in the spirit of seeking a compromise. The co-ordination of the Government's lawyers, working within the constraints of the European Convention of Human Rights, adopting a Conservative initiative is highly commendable.

At a time when the Government is claiming that crime is falling, the reality is that the incidence of burglaries and violent crimes, particularly against retailers, is increasing.

This is why we have been working hard to correct the balance in the law and reassure the public that they will be ones whose rights will be protected, and not the criminals.