Mercer keen to make use of PMB opportunity

Tories back burglar defence Bill

Tories back burglar defence Bill

The Conservative Party is backing a proposed Bill which would give householders more freedom to protect themselves against burglars.

Conservative MP for Newark, Patrick Mercer will introduce a Bill within weeks to change the law in favour of homeowners.

By topping the ballot for Private Members’ legislation in the House of Commons, the Conservative’s security spokesman has won parliamentary time for his plan to offer complete freedom from prosecution to any householder taking action against an intruder in their home, providing the defence is not deemed to be “grossly disproportionate”.

News of Mr Mercer’s proposals come after Metropolitan Police Commissioner Sir John Stevens told the Daily Telegraph that homeowners should have the right to defend themselves with any force deemed necessary against burglars.

Shadow Home Secretary David Davis told The Sunday Telegraph that Mr Mercer’s Bill would have the party leadership’s backing.

Mr Davis stressed that the Conservative Party did not want to introduce an “anything goes” law such as applies in the US state of Oklahoma, where householders have the unqualified right to use any force against intruders, including deadly force.

“We have decided that the key phrase should be ‘not grossly disproportionate’ because, obviously, if a 12-year-old comes into your garden to steal apples you should not be able to bludgeon him to death,” he said.

Mr Davis said that his party’s proposals would have been “unlikely” to have had any effect in the case of Norfolk farmer Tony Martin, who was imprisoned for shooting dead a 16-year-old burglar in 1999.

Mr Mercer told the paper he was pleased that he had got the opportunity to put forward the plans.

“I defy Labour MPs to suggest this will be anything other than an enormously popular piece of legislation,” he told the paper.

Bar Council representative John Cooper told the BBC that many lawyers shared the view that existing law, whereby a jury decides “on the facts what is reasonable”, works well.