SOME disappointment greeted Anne McIntosh's decision to use her chance of piloting legislation through Parliament to try to win people greater freedom to "bash a burglar".

The Tory MP, drawn fifth in the Private Members Bill ballot, will introduce a Householder Protection Bill to give greater safeguards against prosecution to people defending themselves against intruders.

The law currently lets people use "reasonable force". Miss McIntosh says people should only be arrested if they use "grossly disproportionate" force to tackle a house-breaker.

She acted, she said, after incidents in the Vale of York where householders were confronted by burglars. Her initial plan - to draft a Bill banning the sale of ball-bearing guns - was scuppered when the Government announced last week it was outlawing replica weapons.

So, yes, she had to think on her feet, but it still seemed an unusual choice, especially after telling the Evening Press: "I want to choose something that matters to the people of the Vale of York and North Yorkshire, something that makes a difference to their daily lives.'

Firstly, few people get burgled, and fewer still would confront a house-breaker. Police advice is to get out of the property and dial 999 - property is replaceable, people aren't.

Secondly, the idea that home-owners nationwide are facing long stretches in jail for killing or maiming intruders is bunkum.

There have been 11 successful prosecutions in 15 years - including a man who hurled a burglar into a pit and set him alight.

Thirdly, it is practically impossible to get a Private Members' Bill on to the Statute Book - so it's best not to select something the Government can use its majority to knock into touch.

So why did she choose it? Well, "bashing burglars" is one issue the Tories can use to bash the Government. It is seen to be broadly in line with public opinion.

And it significantly raises Miss McIntosh's profile as a battling front-bencher - she's already been on the front page of the Sunday Telegraph, which is campaigning for tougher laws against intruders.

But a review ordered by Home Secretary Charles Clarke last year concluded current legislation was sufficient. Police and lawyers agreed.

Tory MP Patrick Mercer tried to get an identical Bill on to the statute book and it crashed spectacularly.

Miss McIntosh's Bill is odds-on to suffer the same fate. Maybe she should have cast a glance 50 miles north to Durham North, the constituency held by Labour MP Kevan Jones.

Last year, he introduced a Bill banning superstores from opening on Christmas Day to protect the family holiday. It was a small Bill, certainly not contentious, not headline-grabbing - but it succeeded. For tens of thousands of people, it makes life immeasurably better.

Updated: 11:24 Friday, June 17, 2005