Brendan Smith (Cavan-Monaghan, Fianna Fail)
135. To ask the Minister for Justice and Equality if all stakeholders and representative organisations will be consulted in respect of the review of firearms legislation; the timeframe for the completion of this review; and if she will make a statement on the matter. [46712/14]

b]Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)[/b]

In light of public safety concerns highlighted by An Garda Síochána and difficulties in the interpretation of the legislation expressed by members of the judiciary, a joint Department of Justice and Equality/An Garda Síochána Working Group was established by my Department to review firearms licensing. The Report of this Working Group was published on 13 November and submissions on the Report have been sought from stakeholders andthe public by 31 January 2015. The consultation process gives individuals and groups an opportunity to contribute to the development of firearms policy and legislation and will enable consideration to be given to the future direction of such legislation.

I have already given a commitment that I will not make any decisions until I have had the opportunity to consider all the submissions which are made and I meet the key stakeholders, including the organisations who represent those who use firearms for sporting purposes. I would now urge all concerned to engage with this process so that the views of all concerned can be considered before decisions are made in relation to this matter.

There is no set time frame for completion of the review. The next steps will be considered after all submissions are received at the end of January.

Mattie McGrath (Tipperary South, Independent)
311. To ask the Minister for Justice and Equality the efforts her Department has made to amend legislation governing firearm ownership particularly around revoking all existing .22 and 9 mm firearms licences; if there are proposals by her Department or An Garda Síochána to delete Annex F of the Garda Commissioner’s guidelines; and if she will make a statement on the matter. [44326/14]

Fergus O'Dowd (Louth, Fine Gael)
312. To ask the Minister for Justice and Equality if she will respond to an issue (details supplied ) regarding firearms licensing; and if she will make a statement on the matter. [44335/14]

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)

I propose to take Questions Nos. 311 and 312 together.

In light of public safety concernshighlighted by An Garda Síochána and difficulties in the interpretation of the legislation expressed by members of the judiciary, a joint Department of Justice and Equality/An Garda Síochána Working Group was established by my Department to review firearms licensing. The Report of this Working Group was published on 13 November and submissionson the Report have been sought from stakeholders andthe public during a one month consultation period until 15 December. This process gives individuals and groups an opportunity to contribute to the development of firearms policy and legislation and will enable consideration to be given to the future direction of such legislation.

The Garda Commissioner has made a decision, with Ministerial consent, to issue new Garda Guidelines on the Firearms Acts which exclude the former Annex F of the guidelines. The interpretation of the previous Annex F had caused serious difficulties and confusion in regard to applications for firearm certificates for .22 calibre handguns and has resulted in over 30 Judicial Review applications to date. The Commissioner made this decision to issue new Guidelines, without Annex F, on foot of consultations with the Attorney General’s Office (AGO) and Counsel for the State regarding Judicial Review applications on the licensing of .22 calibre handguns. There have been no changes to either primary or secondary legislation as a result of amending these guidelines. A more general revision of the Garda Guidelines will be carried out in light of the outcomes of the public consultation on the review of firearms licensing.

Paddy Burke (Cathaoirleach of Seanad; Fine Gael)
...
I have also received notice from Senator Paschal Mooney of the following matter:

The need for the Minister for Justice and Equality (i) to meet representatives of the sports coalition to discuss the review of legislation dealing with firearms and (ii) to comment on allegations that Garda inspectors in some parts of the country are denying licence applications under section F of the Garda Commissioner's guidelines.

...

I regard the matters raised by Senators Mary Ann O'Brien, Mary Moran, Paschal Mooney, Lorraine Higgins, Colm Burke and Thomas Byrne as suitable for discussion on the Adjournment. I have selected the matters raised by Senators O'Brien, Moran, Mooney and Higgins, and they will be taken at the conclusion of business.

Paschal Mooney (Fianna Fail)

I welcome the Minister of State, but I am disappointed that the Minister for Justice and Equality, Deputy Fitzgerald, is not present to take this particular motion on the Adjournment. Earlier today many Members of both Houses visited a lobby organised by the sports coalition in Buswell's Hotel, across the road from the House. In the course of the presentations made by various individuals, led by the very able CEO of the National Association of Regional Game Councils, Des Crofton, it became apparent that this is a serious issue.

The wording of the motion is slightly incorrect in that "Garda inspectors" should actually read "Garda superintendents" and the reference to section F of the Garda Commissioner's guidelines should actually refer to annex F of the Garda Commissioner's guidelines. These are my errors, not those of the Seanad office.

I also wish to declare an interest in that I am a nominee of the National Association of Regional Game Councils, so I have more than a passing interest in their activities.

I and other colleagues at this meeting listened to words like "offensive to sports enthusiasts across the country", to "lack of confidence in the Garda Síochána", and "using the argument of defending the country against criminal elements", which made that comment even more deeply offensive to sports enthusiasts. Anybody would have to respond to it and find out exactly what is going on.

At the core of this is a strong sentiment among the sports coalition that the Garda is out to get it. It has no confidence in the Garda because of ongoing and recurrent court cases and appeals against gun licence applications through the years, which are still before the High Court, and because the Garda itself has initiated this review of the firearms Acts, with the acquiescence of a pliant Department of Justice and Equality, to target sports enthusiasts by using the cover of criminal elements. It referred, for example, to the 1,000 plus guns that have been recovered by the Garda Síochána, implying that these had come from the sports community when in fact it was pointed out to us that most of these guns had been stolen from gun dealers and in other cases they were discarded guns, and also that every licensed gun owner in this country is legally obliged to report stolen guns anyway. The point was also made that the Criminal Justice Act 2006 covered many of the instances that are now being raised again by the Garda in terms of protection of the general public and laid out the criteria which must be complied with by licensed gun owners, which gun owners are doing and have been doing at considerable cost to themselves.

The most insidious part of this has been the allegation that Garda superintendents in some parts of the country are denying licence applications under annex F of the Garda Commissioner's guidelines. This means, in effect, that they have evidence - and they have named the individuals concerned in correspondence to the Minister for Justice and Equality - that applications for 0.22 small-bore gun licences have been turned down by Garda superintendents in certain parts of the country, using the excuse that a change in the law is imminent when there is no evidence to indicate that this is the case.

The review has not even got to that point. The line I emphasise strongly is that despite continuous engagement between Mr. Des Crofton, representing the sports coalition, and the Department of Justice and Equality, until very recently the latter was paying lip service to the concept of consultation. It has now agreed that there will be further consultation but this must be real and not just submissions. It must be face-to-face meetings across the table with the people who are most relevant in the argument and who will be impacted to a larger extent than the general public if the review recommendations are to be implemented.

The bottom line is that there is no need for the review to take place in the context of attempting to protect the general community from criminal elements. It is a spurious argument and the sports coalition, if given the opportunity to have face-to-face engagement with the Minister, would be more than happy to point out the reasons that is. It is being used by gardaí who the sports coalition believes are trying to get their own back on sports enthusiasts across the country for taking the Garda Síochána to court in various instances. The Garda continues to have to face court action over gardaí going into the witness box to give evidence that, within the context of Seanad privilege, I note is questionable.

Seán Sherlock (Cork East, Labour)

On behalf of the Minister for Justice and Equality, who sends her apologies, I thank Senator Paschal Mooney for raising the issue today. As he may be aware, in light of public safety concerns highlighted by An Garda Síochána and difficulties in the interpretation of the legislation expressed by members of the Judiciary, a joint working group of the Department of Justice and Equality and the Garda was established to review the firearms licensing process. I appreciate that states the obvious, but it is important to record it in the House. The report of the working group was published on 13 November and submissions on the report have been sought from stakeholders and the public. The deadline for the receipt of submissions is 31 January 2015. The consultation process provides individuals and groups with the opportunity to contribute to the development of firearms policy and legislation and will enable consideration to be given to the future direction of such legislation. The Minister, Deputy Fitzgerald, has already given a commitment not to make any decision until she has had the opportunity to consider all the submissions which are made and met the key stakeholders, including the organisations who represent those who use firearms for sporting purposes. The Minister urges all concerned to engage with this process so that their views can be considered before final decisions are made in relation to this matter.

In so far as the issue of the Garda Commissioner's guidelines is concerned, I understand the Senator is referring to annex F of same on the practical application and operation of the Firearms Acts. The Garda Commissioner has made a decision with ministerial consent to issue new Garda guidelines on the Firearms Acts which exclude the former annex F. The interpretation of the previous annex F had caused difficulties and confusion in regard to applications for firearm certificates for .22 calibre handguns and has resulted in more than 30 judicial review applications to date. The Senator has made reference to this state of affairs. There have been no changes to either primary or secondary legislation as a result of amending the guidelines.

Deciding officers in An Garda Síochána have been formally notified this month that all applications for licences for non-restricted handguns shall be considered under the current legislation which is SI 21 of 2008, as amended by SI 337 of 2009. Interest groups, including representatives of the sports coalition, were notified earlier this month of both the new Garda guidelines without annex F and the current position that, in effect, a negative decision for a licence for .22 calibre handgun is a refusal of the application which allows for an appeal of that decision to the District Court.

To summarise a key point on behalf of the Minister, I note that no decision will be made on the matter until such time as she has had an opportunity to consider the submissions and has met the key stakeholders.

Paschal Mooney (Fianna Fail)

I thank the Minister of State who is representing the Minister for Justice and Equality and acknowledge that this is not an area within his brief. Having said that, I am reassured to some extent that at least it is on the record now that the Minister will meet the key stakeholders, including the organisations I mentioned, which is a significant step forward. Correspondence with the Minister as recently as August was not replied to other than by way of an acknowledgement of receipt. It was not until phone calls were made in the last week to ten days that the Minister has conceded on this point. At least it has now been put on the record.

My understanding is that the deletion of annex F means the entire guidelines are not being activated, which could have a serious impact in terms of firearms activity. The formal notification of An Garda Síochána this month that all applications shall be considered under the current legislation is a vital and important step forward given the allegations I raised in my earlier submission whereby they were being turned down on the basis that legislation was imminent. That was plainly an untruth. The Minister of State made the point that negative decisions on a licence application constitute a refusal which may be appealed to the District Court. It will be interesting to see the reasons for refusals of handgun licences.

We are talking here about sporting enthusiasts not criminal elements and that is the difficulty the sporting organisations are feeling and why they consider certain terminology offensive. They are the most compliant people in our society and they are acutely aware of their responsibilities given that they have to handle a wide variety of potentially lethal weapons. The suggestion that the review is being introduced on foot of criminal reasons is considered by the sporting organisations as an attack on them. I hope the Minister will have the opportunity to dissuade them from that point of view when she meets them.

Seán Sherlock (Cork East, Labour)

I concur with the points being made by the Senator. I represent an urban-rural constituency and have held a shotgun in my time for the same purposes as many people who live in rural Ireland in respect of countryside pursuits. While I concur with the view that the perception within the lobby that there has been a heavy-handed approach must be addressed, I take in good faith the words of the Minister when she says she will sit down with the stakeholders. It is something everyone on the Government side of the House has advocated.

In fairness, the Senator has mentioned Mr. Des Crofton. Mr. Crofton's organisation is prodigious and consists of upstanding citizens. I know these people myself and have engaged and interacted with them. The Senator mentioned the 2006 Act and if one looks at the way in which Mr. Crofton and company have interacted with the 2009 Act, there is no doubt but that they have acted absolutely in good faith and continue to do so. It is in all of our interests to chart a course that ensures there is a successful outcome and that we recognise the value of these lobbies within Irish society.

Fergus O'Dowd (Louth, Fine Gael)
262. To ask the Minister for Justice and Equality her views on an issue raised in correspondence (details supplied) regarding firearms; and if she will make a statement on the matter. [44800/14]

Michael Lowry (Tipperary North, Independent)
266. To ask the Minister for Justice and Equality if she will engage with interest groups in relation to the publication last week of the report on firearms licensing; if she will meet the interest groups in question without delay; if her attention has been drawn to the fact that if the recommendations are enacted as per the report they will penalise legitimate and law abiding individuals who currently hold guns legally for hunting and sporting reasons; if she will provide a guarantee that legitimate firearm holders for the purposes of sport and hunting will be provided for by any legislation in this regards; and if she will make a statement on the matter. [44913/14]

Willie O'Dea (Limerick City, Fianna Fail)
267. To ask the Minister for Justice and Equality if she will implement the recommendations of her Department's An Garda Síochána working group on review of firearms and licensing; and if she will make a statement on the matter. [44915/14]

Willie Penrose (Longford-Westmeath, Labour)
274. To ask the Minister for Justice and Equality if she will confirm having received the correspondence from an organisation (details supplied); if in that context she will ensure real and meaningful consultations take place in order to enable these organisations input into the review of the firearms legislation pertaining to this area; and if she will make a statement on the matter. [45029/14]

Seán Fleming (Laois-Offaly, Fianna Fail)
279. To ask the Minister for Justice and Equality if she will facilitate a meeting between her Department and interested parties as part of the consultation process arising from the publication of the working group report in the area of firearms licensing, rather than interested parties only being allowed written submissions as part of this process; and if she will make a statement on the matter. [45109/14]

Willie Penrose (Longford-Westmeath, Labour)
296. To ask the Minister for Justice and Equality if she will ensure that meaningful consultation will take place in the context of the review of the firearm licensing legislation and that such consultation would be meaningful in the context where it already appears that the removal of Annexe F of the Garda Commissioners Guidelines has been approved as an outcome of a review notwithstanding that would only involve a very small group of target pistol shooters in the country and in further context where the changes to firearms legislation are so wide-ranging that every clay pigeon shooter, rifle shooter and ordinary farmer would be impacted upon; if she will take steps to ensure that a meaningful opportunity will be provided to organisations who represent these licence holders will have their views listened to in a proper consultative way; and if she will make a statement on the matter. [45384/14]

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)

I propose to take Questions Nos. 262, 266, 267, 274, 279 and 296 together.

In light of public safety concerns highlighted by An Garda Síochána and difficulties in the interpretation of the legislation expressed by members of the Judiciary, a joint Department of Justice and Equality/An Garda Síochána Working Group was established by my Department to review firearms licensing. The Report of this Working Group was published on 13 November and submissions on the Report have been sought from stakeholders and the public by 31 January 2015. The consultation process gives individuals and groups an opportunity to contribute to the development of firearms policy and legislation and will enable consideration to be given to the future direction of such legislation.

I have already given a commitment that I will not make any final decisions until I have had the opportunity to consider all the submissions which are made and I subsequently meet the key stakeholders, including the organisations who represent those who use firearms for sporting purposes. I would now urge all concerned to engage with this process so that the views of all concerned can be considered before final decisions are made in relation to this matter.

The Garda Commissioner has made a decision, with Ministerial consent, to issue new Garda Guidelines on the Firearms Acts which exclude the former Annexe F of the guidelines. The interpretation of the previous Annexe F had caused serious difficulties and confusion in regard to applications for firearm certificates for .22 calibre handguns and has resulted in over 30 Judicial Review applications to date. The Commissioner made this decision to issue new Guidelines, without Annexe F, on foot of consultations with the Attorney General’s Office (AGO) and Counsel for the State regarding Judicial Review applications on the licensing of .22 calibre handguns. There have been no changes to either primary or secondary legislation as a result of amending these guidelines. A more general revision of the Garda Guidelines will be carried out in light of the outcomes of the public consultation on the review of firearms licensing.

Niall Collins (Limerick, Fianna Fail)
290. To ask the Minister for Justice and Equality if she will provide in tabular form from 2010 to date in 2014 the number of gun licence applications refused by An Garda Síochána; the number of those refusals which were appealed to the courts; the number of those applications which were successful in the courts; and if she will make a statement on the matter. [45288/14]

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)

I have asked the Garda Commissioner for a report on the matter insofar as An Garda Síochána are concerned and will write to the Deputy when it becomes available.

The Courts Service has advised that the information related to District Court cases is not readily available and could only be retrieved by way of a manual examination of each individual court record. As I am sure the Deputy will appreciate, this would require the expenditure of a disproportionate amount of staff time and resources which cannot be justified.

Niall Collins (Limerick, Fianna Fail)
289. To ask the Minister for Justice and Equality if she will provide in tabular form the number of incidents where a crime has been committed utilising a licensed gun as a weapon from 2010 to date in 2014; and if she will make a statement on the matter. [45287/14]

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)

I have asked the Garda Commissioner for a report on this matter and will write to the Deputy when it becomes available, although the Deputy will appreciate that guns utilised in the commission of offences are often not recovered and, accordingly, it is not possible to determine the provenance of the weapons.

Michael Healy-Rae (Kerry South, Independent)
344. To ask the Minister for Justice and Equality if crime statistics are quoted when referring to legally held firearms being put forward; and if she will make a statement on the matter. [46187/14]

Michael Healy-Rae (Kerry South, Independent)
346. To ask the Minister for Justice and Equality her views on comments made regarding the review of the firearms licensing proposals (details supplied); and if she will make a statement on the matter. [46192/14]

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)

I propose to take Questions Nos. 344 and 346 together.

I take it the Deputy is referring to the following passages from my Department's recently published Review of Firearms Licensing report:

"An Garda Síochána recorded 2,198 incidents involving a firearm between 2009 and February 2014. An Garda Síochána have also advised that between 2009 and 2013 there were 96 murders and one case of manslaughter recorded in which firearms were used.

In many such cases it is impossible to say (due to the fact that the firearm is often not recovered) whether the firearms used were firearms that had been licensed and subsequently stolen from their owners or whether the firearms were never in fact licensed. A total of 1,134 firearms have been reported stolen from their owners in the period 2010 to 2013 inclusive, of which 355 were stolen in 2013. A further 159 firearms have been reported lost in the same four year period, 53 of which were reported lost in 2013. The concerns of An Garda Síochána are also based in part on a forward looking assessment of the dangers of an atrocity being carried out with weapons primarily designed to kill human beings, as has unfortunately happened in other jurisdictions."

I think it is fair to say that this text from the report - which is based on information from An Garda Síochána - does not impugn law-abiding owners of licensed firearms in any way.

Michael Healy-Rae (Kerry South, Independent)
347. To ask the Minister for Justice and Equality her views on court cases taken against the Garda in respect of the administration of the Firearm Act (details supplied); and if she will make a statement on the matter. [46193/14]

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)

The Deputy will appreciate that firearms legislation provides for an appeal to the District Court where a firearms licence has been refused by An Garda Síochána. In addition, there have been a number of judicial review cases in this area in the context of persons whose applications for firearms licences have been refused.

The licensing of firearms is a Garda operational matter and each application is judged on its own individual merits and the decision on whether, or not, to grant a firearm certificate rests solely with the issuing person. The decision of the issuing person cannot be fettered in any way and I have no role in the matter. My paramount concern in this area is public safety. As the Deputy is aware, in light of public safety concerns highlighted by An Garda Síochána and difficulties in the interpretation of the legislation expressed by members of the judiciary, a joint Department of Justice and Equality / An Garda Síochána Working Group was established to review firearms licensing. The Report of this Working Group was published on 13 November and submissions on the Report have been sought from stakeholders and the public. The deadline for receipt of submissions is the 31st of January 2015.

The consultation process gives individuals and groups an opportunity to contribute to the development of firearms policy and legislation and will enable consideration to be given to the future direction of such legislation. I have already given a commitment that I will not make any final decisions until I have had the opportunity to consider all the submissions which are made and I have met the key stakeholders, including the organisations who represent those who use firearms for sporting purposes. I would now urge all concerned to engage with this process so that the views of all concerned can be considered before final decisions are made in relation to this matter.

Michael Healy-Rae (Kerry South, Independent)
348. To ask the Minister for Justice and Equality her views on alleged breaches in 2008 of firearms licensing regulations (details supplied); and if she will make a statement on the matter. [46196/14]

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)

I have asked the Garda Commissioner for a report on this matter based on the details supplied and will write to the Deputy when it becomes available.

Dara Calleary (Mayo, Fianna Fail)
338. To ask the Minister for Justice and Equality if she will provide in tabular form the number of firearms licences issued here in 2011, 2012, 2013 and to date in 2014; and if she will make a statement on the matter. [46101/14]

Dara Calleary (Mayo, Fianna Fail)
339. To ask the Minister for Justice and Equality the percentage of licensed firearms that have been used to commit a criminal offence in each year since 2011 versus that of non-licensed firearms; and if she will make a statement on the matter. [46102/14]

Dara Calleary (Mayo, Fianna Fail)
340. To ask the Minister for Justice and Equality if she will provide in tabular form a breakdown of the figure of 1,134 firearms which were stolen in the period from 2010 to 2013, inclusive, as per figures supplied in her Department's review of firearm licensing, on a year-by-year basis in the following catagories; a numerical breakdown between firearms stolen on an individual basis or those stolen in batch, for example, from a firearms dealer; the number of all categories stolen from firearms licence holders in each year; the number of all weapons stolen from members of An Garda Síochána in each year; and if she will make a statement on the matter. [46103/14]

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)

I propose to take Questions Nos. 338 to 340, inclusive, together.

I have asked the Garda Commissioner for a report on these matters and will write to the Deputy when it becomes available.

Dara Calleary (Mayo, Fianna Fail)
341. To ask the Minister for Justice and Equality if she will carry out an independent risk assessment of the report on the review of firearms licensing; if she will consider a regulatory impact assessment of same; and if she will make a statement on the matter. [46104/14]

Michael Healy-Rae (Kerry South, Independent)
345. To ask the Minister for Justice and Equality if risk assessment statistics were quoted in the context of the review of the firearms licensing proposals; and if she will make a statement on the matter. [46189/14]

Michael Healy-Rae (Kerry South, Independent)
349. To ask the Minister for Justice and Equality in view of the review of the firearms licensing Act, official EU statistics show a low ownership of licensed firearms here, that is, 8.6 per hundred persons, homicides with a licensed firearm are recorded at 0.48 per 100,000 persons and suicides per 100,000 persons at 0.56%, a higher suicide rate than homicide, if this does not contradict the claims being made by the Garda and her Department's proposed review; and if she will make a statement on the matter. [46202/14]

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)

I propose to take Questions Nos. 341, 345 and 349 together.

In light of public safety concerns highlighted by An Garda Síochána and difficulties in the interpretation of the legislation expressed by members of the judiciary, a joint Department of Justice and Equality / An Garda Síochána Working Group was established by my Department to review firearms licensing. The Report of this Working Group was published on 13 November and submissions on the Report have been sought from stakeholders and the public by 31 January 2015. The consultation process gives individuals and groups an opportunity to contribute to the development of firearms policy and legislation and will enable consideration to be given to the future direction of such legislation.

I have already given a commitment that I will not make any decisions until I have had the opportunity to consider all the submissions which are made and I meet the key stakeholders, including the organisations who represent those who use firearms for sporting purposes. I would now urge all concerned to engage with this process so that the views of all concerned can be considered before decisions are made in relation to this matter.

In so far as a risk assessment is concerned, the Firearms Licensing Review report has regard to recent relevant EU Commission reports and developments in other jurisdictions in relation to public safety. A regulatory impact assessment will, of course, be conducted if there are any legislative proposals under consideration arising from the consultation process.

I do not consider that the statistics quoted by the Deputy undermine any of the arguments put forward in the review. What I believe is very important is that there is robust legislation in place to ensure the security of the public.

James Bannon (Longford-Westmeath, Fine Gael)
314. To ask the Minister for Justice and Equality the number of handguns stolen from firearms licenceholders in the years 2010 to 2013, inclusive, and to date in 2014; and if she will make a statement on the matter. [45924/14]

James Bannon (Longford-Westmeath, Fine Gael)
315. To ask the Minister for Justice and Equality the number of handguns stolen in each of the years 2010 and 2013, which were issued to members of An Garda Síochána and to members of the Defence Forces. [45925/14]

James Bannon (Longford-Westmeath, Fine Gael)
316. To ask the Minister for Justice and Equality the number of shotguns stolen from firearms licenceholders in the years 2010 to 2013, inclusive, and to date in 2014; and if she will make a statement on the matter. [45926/14]

James Bannon (Longford-Westmeath, Fine Gael)
317. To ask the Minister for Justice and Equality the number of rifles stolen from firearms licenceholders in the years 2010 to 2013, inclusive, and to date in 2014; and if she will make a statement on the matter. [45927/14]

James Bannon (Longford-Westmeath, Fine Gael)
318. To ask the Minister for Justice and Equality the number of blank firing guns stolen from firearms licenceholders in the years 2010 to 2013, inclusive, and to date in 2014; and if she will make a statement on the matter. [45928/14]

James Bannon (Longford-Westmeath, Fine Gael)
319. To ask the Minister for Justice and Equality the number of deactivated guns stolen from firearms licenceholders in the years 2010 to 2013, inclusive, and to date in 2014; and if she will make a statement on the matter. [45929/14]

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)

I propose to take Questions Nos. 314 to 319, inclusive, together.

I have asked the Garda Commissioner for a report on these matters and will write to the Deputy when it becomes available.

Brendan Griffin (Kerry South, Fine Gael)
266. To ask the Minister for Justice and Equality further to a Parliamentary Question No. 109 of 27 November 2013, if the Luger pistol confiscated by the RIC from Roger Casement in 1916 was ever in Garda possession; and if so, its whereabouts; and if she will make a statement on the matter. [47028/14]

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)

I have been informed by the Garda Commissioner that the item in question has never been in the possession of An Garda Síochána.

Catherine Murphy (Kildare North, Independent)
291. To ask the Minister for Justice and Equality regarding stolen firearms, if statistics are available indicating the proportion of all firearms recorded as stolen that are in cases where such firearms were taken from a licenceholder; if she will provide this ratio for each year in the past ten years; and if she will make a statement on the matter. [49103/14]

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)

I have asked the Garda Commissioner for a report in relation to the matter and will write to the Deputy when I have further information.

Catherine Murphy (Kildare North, Independent)
292. To ask the Minister for Justice and Equality in view of the court challenges which are mounted against a refusal to award a firearms licence, if she will indicate the cost to the State of court proceedings in these matters since 2009; and if she will make a statement on the matter. [49106/14]

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)
The Deputy will appreciate that firearms legislation provides for an appeal to the District Court where a firearms licence has been refused by An Garda Síochána. I am informed that the information sought regarding such cases is not readily available to An Garda Síochána or the Courts Service. The work required to collate this information would require a disproportionate and inordinate amount of staff time and effort and could not be justified in current circumstances where there are other significant demands on resources.

Firearms Licences
10:00 am

Niall Collins (Limerick, Fianna Fail)
4. To ask the Minister for Justice and Equality if she will provide an update on the review of legislation of gun-licensing laws; and if she will make a statement on the matter. [1489/15]

Niall Collins (Limerick, Fianna Fail)
Those in every parish and community who engage in lawful leisure activities which involve the use of legally held and licensed firearms are concerned there will be further restrictions placed on them in obtaining licences and permits to hold such firearms. I also tabled the question because the representative associations involved are hotly disputing the basis of the recommendations.

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)
Following public safety concerns raised by An Garda Síochána about specific categories of firearms, a joint Department and Garda Síochána working group was established to examine this issue in October 2013. Its report was published on 13 November.

The report outlined the views expressed by An Garda Síochána that centre-fire handguns are primarily designed to kill human beings. Accordingly, they pose an unacceptable risk to society and should no longer be licensed in this jurisdiction. There are similar concerns about non-Olympic type .22 calibre handguns, centre-fire semi-automatic rifles and shotguns capable of holding more than three rounds. Many of these type of firearms have been used either in murders, attempted murders or gangland shootings in this jurisdiction, as well as in mass shootings in other jurisdictions. On this basis, the working group recommended the prohibition of these firearms.

These make up a very small proportion of all licensed firearms, however. It is important to note a wide range of firearms, making up at least 94% of all currently licensed firearms, will not be affected by the proposed change. Again, I must emphasise this is a report and no decision has been taken on its recommendations yet. The firearms not affected include shotguns holding not more than three rounds, hunting style rifles, Olympic standard handguns etc. This point will be of particular reassurance to many of those in agriculture and rural communities, as well as hunting and sporting interests.

The report also referred to difficulties in the interpretation of the legislation expressed by members of the Judiciary.

With respect to the report's recommendations on proposed changes and restrictions, I have not reached any final conclusions. I repeat my commitment I will not make any final decisions until I have had the opportunity to consider all the submissions made and met the key stakeholders, including the organisations that represent those who use firearms for sporting purposes.

The Committee on Justice, Defence and Equality sought submissions on the report and will hold hearings on this. The deadline for receipt of submissions by my Department is 31 January 2015. I extended this when I was contacted by the stakeholders who expressed concerns about the report's recommendations. No decision has yet been made and a consultation process is under way.

Niall Collins (Limerick, Fianna Fail)
My party supports the review of the legislation and believes updated legislation will lead to safer communities. We also believe the stakeholders who legally use these firearms need to be consulted properly, however. I welcome that the Minister stated this would happen in her reply. The review must distinguish between those who hold firearms legally and those who engage in criminality. That is an issue which the representative associations have raised.

We heard from the Garda Inspectorate yesterday on the PULSE system. The representative associations dispute the statistical information, or the lack of it, underlying the basis on which the recommendations flow. In a reply to several parliamentary questions, the Minister stated to me that An Garda Síochána advises it is not possible to identify accurately from a central database such as PULSE the number of occasions an unlicensed or licensed firearm was used in the committing of a crime. The reply also stated

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Seán Barrett (Ceann Comhairle; Dún Laoghaire, Ceann Comhairle)
Sorry, Deputy, but we are over time.

Niall Collins (Limerick, Fianna Fail)
Okay, I am finishing.

The reply also stated it was not possible to extrapolate from PULSE the number of refusals which were appealed to the courts or the number of applications which were successful in the courts.

Seán Barrett (Ceann Comhairle; Dún Laoghaire, Ceann Comhairle)
Sorry, Deputy, but we are over time. I will let you back in again. If Members go over time, it prevents others from reaching their questions. We must stick to the time.

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)
I made the point that there will be full consultation. I have no doubt the justice committee, of which Deputy Niall Collins is a member and Deputy David Stanton is the Chairman, will do excellent work in getting to the bottom of these statistics and examining them in detail.
While it is a different issue, I have set up a working group to look at technology and An Garda Síochána. The Government has committed to upgrading the PULSE technology and I accept what the Garda Inspectorate said about it yesterday. The working group has already had several meetings to deal with the technological needs of An Garda Síochána which were clearly identified in the Garda Inspectorate report.

Up to 1,363 firearms applications were refused by the District Courts between 2009 and 2014. The court hears the evidence upon which it makes a decision. The Deputy will have heard the figures of the number of cases where a refusal has been overturned by the courts. There will be full consultation on this.

Seán Barrett (Ceann Comhairle; Dún Laoghaire, Ceann Comhairle)
Thank you, Minister. We are over time.

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)
This is an issue of concern to the wider population as well.

Niall Collins (Limerick, Fianna Fail)
I recognise that concern. However, it is also a concern to those who legally hold and use the firearms in question for recreational and sporting purposes.
It is a fact that there is no record of any member of the Judiciary expressing difficulty in interpreting the legislation in question. That needs to be cleared up as it has been left hanging out there. I do not know who came up with that notion.

Is the Minister satisfied the information underpinning the report is accurate and correct, given the reply I received from the Minister this morning on foot of a written parliamentary question? Will she consider allowing the Garda Inspectorate to engage in a review and to make recommendations on the process and system of firearm licensing?

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)
It would be premature to suggest that. A process has been set up and we have a report which will be examined by the justice committee. The Deputy will have the opportunity to make those points at the committee.

I welcome the Deputy’s support for the review. One of my predecessors in office, Dermot Ahern, stated in 2009 during the debate when the licensing system was last amended that he was determined to ensure a gun culture would not be allowed to form in this State. He also said he would, in consultation with the Garda Commissioner, keep the situation on firearms licensing under review in the interests of public safety. Obviously, I want the best outcome possible in the interests of public safety but also very much in the interests of those representative groups for shooting clubs and shooting sportsmen.

As I stated, 94% of licensed firearms are not included in the report’s recommendations. We are looking at the other 6% about which there are different views. An Garda Síochána has made presentations to the committee on this. The statistics the Garda used can be questioned, if the Deputy has concerns about the quality of research in the report. No decision has been taken yet. I want to ensure this gets a thorough airing.


10:10 am
Seán Barrett (Ceann Comhairle; Dún Laoghaire, Ceann Comhairle)
We are over time.

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)
However, I do not want representative groups to assume decisions have been made before they have been made.

Bernard Durkan (Kildare North, Fine Gael)
138. To ask the Minister for Justice and Equality if her Department has received submissions from various sporting bodies with reference to the control and regulation of firearms; if she will meet the concerns of the sporting organisations while maintaining good regulation; and if she will make a statement on the matter. [2053/15]

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)
Following public safety concerns raised by An Garda Síochána in relation to specific categories of firearms a joint Department and Garda Síochána Working Group was established to examine this issue in October 2013. The Report also refers to difficulties in the interpretation of the legislation expressed by members of the judiciary. The Working Group Report was published on 13 November. The deadline for receipt of submissions by my Department is 31 January 2015. The Committee on Justice, Defence and Equality also sought submissions on the Report.

Submissions have been received to date from a number of individuals and sporting bodies. Further submissions are expected. I am asking stakeholders and other groups who have an interest in this area to engage with this process so that their views can be considered before final decisions are made in relation to this matter. With respect to the Report's recommendations on proposed changes and restrictions, I wish to take this opportunity to reiterate a commitment that I have given that will not make any final decisions until I have had the opportunity to consider all the submissions which are made and I have met the key stakeholders, including the organisations that represent those who use firearms for sporting purposes.

Michael Healy-Rae (Kerry South, Independent)
423. To ask the Minister for Justice and Equality her views on correspondence (details supplied) regarding incorrect and misleading information; and if she will make a statement on the matter. [1073/15]

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)
I refer the Deputy to the conclusions of the Supreme Court in the case referred to by him. The Court noted that the power conferred by section 3 of the Firearms Act 1925 on Garda Superintendents to grant firearms certificates is one of a wide range of powers in various areas conferred by legislation. In this regard, reference was made to the powers conferred on An Garda Síochána under the Betting Act 1931, the Public Dance Halls Act 1935, the Gaming and Lotteries Act 1956 and the Intoxicating Liquor Acts.

The Court concluded as follows:

"One is entitled to assume that in all such instances the Oireachtas decided that the power should be exercised by a senior garda officer in a particular locality for what seemed to them (the Oireachtas) good reasons, but they would, of course, have been perfectly entitled to confer the power in question on another body, such as a court of local and limited jurisdiction, a local authority or some other state agency.

It follows, in my view, that the learned High Court Judge was correct in holding that the power conferred on garda superintendents by s.2 of the 1925 Act was conferred on him as a persona designataand that, accordingly, it vested in him a discretion which he could not abdicate to anyone else. Accordingly, while he can only exercise that discretion within any relevant statutory limitations, he cannot be required to exercise it in any particular manner by any other body or authority."

Willie O'Dea (Limerick City, Fianna Fail)
432. To ask the Minister for Justice and Equality the number of handguns or rifles stolen from licensed firearm holders excluding firearm dealers and blank deactivated firearms since 2009; when the current enhanced security arrangements were put in place; and if she will make a statement on the matter. [1271/15]

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)
I have asked the Garda Commissioner for a report on these matters and will write to the Deputy when it becomes available.

Seán Kenny (Dublin North East, Labour)
137. To ask the Minister for Justice and Equality the number of firearms and knives seized by An Garda Síochána in each of the past three years; and if she will make a statement on the matter. [2902/15]

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)
I have asked the Garda Commissioner for a report in relation to the matter and will write to the Deputy when I have further information.

Niall Collins (Limerick, Fianna Fail)
302. To ask the Minister for Justice and Equality if she will provide by year the number of handguns recovered by an Garda Síochána during the years 2004 to date in 2015 which had been used in the commission of a crime and which had previously been recorded on PULSE as a licensed firearm; and if she will make a statement on the matter. [3562/15]

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)

I have asked the Garda Commissioner for a report in relation to the matter and will write to the Deputy as soon as I have further information.

Mattie McGrath (Tipperary South, Independent)
320. To ask the Minister for Justice and Equality if she will address a matter (details supplied) raised by her Dáil contribution of 15 January 2015; and if she will make a statement on the matter. [3936/15]

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)

Firstly I would like to clarify to the Deputy that in answering a Parliamentary Question on 15 January, I inadvertently said 1,363 firearms applications were refused by the District Courts. The applications referred to, totalling 1,363 applications, were refused by An Garda Síochána and not by the Courts. I have arranged to have the Dáil record corrected to reflect that fact.

Section 8 of the Working Group Report on the review of firearms licensing, published for consultation in November 2013, sets out views expressed by members of the judiciary in relation to legislative provisions governing firearms. The Deputy will appreciate that it would not be appropriate for me to comment on individual cases before the Courts. However, I am advised that over the past four years, Judges in District Courts have commented that it is a matter for the legislature and not the judiciary to address the concerns of senior Garda Officers tasked with considering applications to licence, in particular, large calibre handguns and semi automatic centre fire rifles. For example, I am advised by An Garda Síochána that Judge Lucey, in various District Courts throughout the country, Judge O‘Kelly in Limerick District Court and Judge Kennedy in Bray District Court have dealt with the issue that as the legislation currently allows for the licensing of such firearms, the law must be applied as it currently exists.

Furthermore, An Garda Síochána have advised that judges have raised issues in relation to interpreting Section 33 of the Criminal Justice (Miscellaneous Provisions) Act 2009, which prohibits 'practical or dynamic shooting'. I am advised by An Garda Síochána that Judge Riordan in Cork District Court, Judge McNulty in Bandon District Court, Judge Larkin in Kilmallock District Court, Judge Neylon in Mullingar District Court and Judge Kelleher in Cork District Court have commented on the difficulties in interpreting what exactly constitutes 'a form of activity in which firearms are used to simulate combat or combat training', which was a central issue in appeal cases before these courts.

Additionally, Judge Durcan, in a written judgment in Ennis District Court on 5 November, 2014, addressed an issue relating to the interpretation of the legislation when he stated: “By way of casual initial observation, it must be said that the manner of amendment adopted by the legislature with respect to the Firearms Code is to be regretted. The 2006 Act amends substantially fourteen of the thirty sections of the Principal Act, six important sections of the Principal Act being completely amended by substitution. The 2009 Act contains an additional 20 sections which effect considerable amendments to the code. It is highly unsatisfactory that the code must now be read by reference to a number of different statutes, when the opportunity could have been taken to provide a consolidating statute. Despite developments in information technology and the empowerment of computer consolidation, Statue Law should be easily accessible not merely to Lawyers and Legislators, but also to ordinary citizens in a comprehensible manner”.

The Deputy has also raised the question of the ability of the Garda PULSE system to produce figures on the number of cases which were appealed to the District Court and how many were granted. The Deputy will appreciate that firearms legislation provides for an appeal to the District Court where a firearms licence has been refused by An Garda Síochána. I am informed that the information sought regarding such cases is not readily available to An Garda Síochána or the Courts Service. The work required to collate this information could only be retrieved by way of a manual examination of each individual court record. This would require a disproportionate and inordinate amount of staff time and effort and could not be justified in current circumstances where there are other significant demands on resources. Furthermore, An Garda Síochána have advised that refused renewal applications for restricted firearms that were subsequently granted on appeal are no longer recorded on PULSE as refused or appealed. These applications are updated on the system to show the application as granted. I understand this new method of updating the licensing system on PULSE was introduced to address concerns of interest groups, so that licence holders granted a licence after an appeal do not have an initial refusal recorded on their licence record.

Grizzly 45 wrote: »

Somone might want to point out to the chairman it was1972 not 1979 that the TCO came into effect.

52. Mr Healy: Guns were surrendered to the Army in the 1970s because of the ongoing situation in the jurisdiction and the Army still has these guns.

This is not a full representation of the events of 1972. In short, the Troubles in Northern Ireland were becoming a security concern for the Irish government at the time, and in 1972 a Temporary Custody Order (S.I. No. 187/1972 – Firearms (Temporary Custody) Order, 1972) was issued for all privately held pistols and all rifles over .22 calibre to be surrendered to local Garda stations by August 5 1972, for a period of one month.

This order was complied with, but when firearms owners returned to reclaim their firearms a month later, they were informed that their certificates had expired while their firearms were in custody (firearms certificates at the time were issued for a period of one year, and all renewals were dealt with at the same time). Since the firearms were no longer licenced, they could not be returned until a new certificate was issued; upon seeking a renewal of their certificates, applicants were informed that a new Garda policy was in place to not consider applications for certificates in respect of pistols or rifles over .22 in calibre. As such, the firearms in Garda custody remained in Garda custody.

This situation continued until the late 1990s, when fullbore rifles of calibres up to .270 Winchester were permitted to be applied for for the purposes of deer hunting on humane grounds (prior to this, only the .22–250 cartridge was available for deer hunting and it was felt to be only barely capable of this task). All other firearms held in custody remained there, until the repeal of the Garda policy following the Brophy case. Following this, firearms held in storage by the Gardaí were reclaimed by those owners still alive or their descendants. As these pistols were never formally confiscated (and some were sold off by their owners and removed from Garda custody in that manner), no compensation was claimable by the owners. Following Brophy, the Supreme Court upheld in McVeigh that the policy of not consdering applications for firearms certificates for handguns had been unlawful.

Gerry Adams (Louth, Sinn Fein)
324. To ask the Minister for Justice and Equality when she will refer the Firearms Act 1925 to the Law Reform Commission to thoroughly review it, and advise what the law should be in the 21st century; and if she will make a statement on the matter. [7055/15]

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)

The Law Reform Commission (LRC) has restated the Firearms Acts and this “administrative consolidation” is available on the LRC website. The restatement is dated 31 October 2012 and it contains all amendments to the Firearms Acts.

In light of public safety concerns highlighted by An Garda Síochána, a joint Department of Justice and Equality/An Garda Síochána Working Group was established by my Department to review firearms licensing. The report of this Working Group was published on 13 November 2014 and submissions on the report were sought from stakeholders and the public by 31 January 2015.

These submissions are now being considered. Consolidation of the law on firearms will be considered further when I have met interest groups following consideration of the submissions.

Tony McLoughlin (Sligo-North Leitrim, Fine Gael)
121. To ask the Minister for Justice and Equality regarding the proposed new legislation restricting certain licensed firearms, the current efforts to tackle the high number of illegal firearms, which is estimated to be more than 100,000; and if she will make a statement on the matter. [7585/15]
122. To ask the Minister for Justice and Equality the protection local businesses affected by the proposed new firearms legislation will be offered; and if she will make a statement on the matter. [7587/15]
125. To ask the Minister for Justice and Equality the compensation to be provided to persons affected by the proposed new firearms legislation, who will have to surrender or destroy their weapons and recreational equipment; and if she will make a statement on the matter. [7636/15]

Frances Fitzgerald (Minister, Department of Justice and Equality; Dublin Mid West, Fine Gael)

I propose to take Questions Nos. 121, 122 and 125 together.

I should say initially that my Department is not aware of any reliable basis for the figure quoted in the Deputy's question as representing the number of illegal firearms here.

In light of public safety concerns highlighted by An Garda Síochána, a joint Department of Justice and Equality/An Garda Síochána Working Group was established by the Department of Justice and Equality to review firearms licensing. The report of this Working Group was published on 13 November 2014 and submissions on the report were sought from stakeholders and the public by 31 January 2015. The consultation process gave individuals and groups an opportunity to contribute to the development of firearms policy and legislation and will enable consideration to be given to the future direction of such legislation.

The submissions received are currently being examined and incorporated into a report for me. The Oireachtas Committee on Justice, Defence and Equality has also sought submissions and held hearings with interested parties in relation to the Working Party report. It is expected that their report on the issue will be available in a number of weeks.
I understand the Deputy's Question No 122 relates to what effects, if any, proposed changes to firearms licensing will have on firearms dealers. I wish to advise that the majority of licensed and licensable shotguns and rifles in this State will not be affected by the proposals to amend the firearms licensing system.

The issue of compensation which the Deputy raises is dealt with at Section 13 of the Working Group Report. The report states that the Courts have held that the possession of a firearm is not a right but a privilege. The Courts have in the past taken the view that what is in the State's gift cannot be required to be compensated if it is withdrawn.

I have already given a commitment that I will not make any final decisions until I have considered all the submissions which have been made and have met the key stakeholders, including the organisations who represent those who use firearms for sporting purposes. These meetings will take place following receipt and consideration of both my Department's and the Oireachtas Committee reports.

I have asked the Garda Commissioner for a report in relation to specific measures being taken to tackle illegal firearms. I will reply further to the Deputy when that information becomes available.