PQ Answers

Hivemind187

46. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the action he proposes to take to combat the rise of criminal activity in all areas here with particular reference to tackling gun crime and the increasing use of illegally held weapons in homicides; and if he will make a statement on the matter. [47120/08]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I must emphasise that I attach the highest priority to tackling organised and gun crime and bringing those involved in such activities to justice. One of the main priorities I have set for An Garda Síochána in 2009 is to target gun crime, organised crime and drug related crime through a range of measures, including the use of the Garda specialist units and targeted operations such as Operation Anvil.

Operation Anvil commenced in the Dublin Metropolitan Region in 2005 to deal with this type of serious crime and was extended nationwide in 2006. The primary focus of the Operation is the targeting of active criminals and their associates involved in serious crime by preventing and disrupting their criminal activity through extensive additional overt patrolling and static checkpoints by uniform, mobile and foot patrols, supported by armed plain clothes patrols. Under Operation Anvil up to the end of November, approximately 1,200 firearms have been recovered in Dublin and 1,000 in the rest of the country. There have also been over 7,000 arrests for serious crimes such as murder, robbery and burglary and 67,000 searches for weapons, drugs and stolen goods. In this way, the Gardaí will continue to address the issue of illegal guns relentlessly.

At a time when the public finances are under pressure, I will ensure that top priority will continue to be given to frontline policing. Funding for Operation Anvil will increase in 2009 from €20 million to €21 million to enable it to continue with targeted disruption of serious and organised criminal activity. Other key operations will be maintained through 2009, and any savings that have to be made will not be allowed to diminish frontline policing. There will also be a 20% (€1.5 million) increase next year in funding for the Criminal Assets Bureau. Overall, the Garda budget next year will be €1.589 million.

Since my appointment as Minister I have also expressed concern at the number of handguns which have been licensed here in recent years.

Some time ago, I directed my Department and An Garda Síochána to carry out an urgent and intensive review of the firearms law. Following that review, I have brought forward proposals which include no new licenses being issued for handguns, subject to limited exceptions in relation to Olympic sports. Existing licenses will not be renewed unless applicants fully meet the requirements of a radically tightened licensing procedure where the safety of the community will be paramount.

While a de facto ban on new handgun licences is already in place, my proposals will be given legislative form in the Criminal Justice (Miscellaneous Provisions) Bill, which I will publish early in the New Year. That Bill will also tackle comprehensively the issue of airsoft guns, including making their possession in public a serious offence. It will also contain measures which the Garda Commissioner has suggested to me in relation to tightening up the law on possession of knives.

There are, of course, already very severe penalties for firearms offices in place under the Criminal Justice Act 2006. For example, possessing a firearm with intent to endanger life and using a firearm to resist arrest or aid escape carry a mandatory minimum sentence of ten years. Possessing a firearm while hijacking a vehicle, possessing a firearm or ammunition in suspecious circumstances, carrying a firearm with criminal intent and altering a firearm carry a mandatory minimum sentence of five years.

The Government has approved my proposals for a Criminal Justice (Covert Surveillance) Bill, and I have published the General Scheme.

The Bill will open up the possibility of intelligence gained through secret surveillance being used in evidence for the prosecution of cases of serious criminal activity. In the light of the increasing sophistication of criminals, subversives and terrorists, their use of intermediaries and the associated difficulties in obtaining direct evidence, the use of additional evidence is crucially important. The Bill will provide for a system of authorisations for covert surveillance operations which will, as a rule, involve an application to a judge for authorisation to proceed with the surveillance and where the reasons for the surveillance will be clearly set out before the court.

The Bill also provides that in cases of exceptional urgency a senior member of An Garda Síochána or the Defence Forces may approve a surveillance operation for a period of no more than 14 days.

Work is also ongoing on the preparation of the General Scheme of the Criminal Justice Bill 2009 which will contain further useful measures to combat crime.

My emphasis.

Aside from the rather unnerving surveilance changes and equally disturbing measures making "being suspicious" an offence it's interesting how the minister has changed his mind from "BAN BAN ARRGGGHHHH Airsoft is WRONG!!!" to introducing "measures".

:rolleyes:

Needless to say that the pistol shooters are still getting the rough end of the stick but thats am atter for their forum.

gerrowadat

Good news. This seems a lot more consistent with what we've been hearing from the DoJ, and commensurate with the IAAs recommendation.

OzCam

Apparently the possession of an airsoft device in a public place is already a serious offence. I've asked for clarification/citation on this and will post when received.

fayer

The IAA welcomes Minister Ahern's statement clarifying the upcoming content of the MPB 2009. The IAA has been in close contact with the ministers department in drawing up the structure and working for the forthcoming bill with relation to Airsoft. We are delighted to see that our representations have been successful in changing the proposed direction of the bill. It is a testament to the hard work of the members of the organisation that the amendments drafted by them have been accepted by the Department and directly included in new Irish Law. Given the recent comments by the minister as to the future of Airsoft, and contradictory information we were receiving from the Department of Justice, the situation was very confusing and potentially dangerous for our Sport. Hopefully this publication will reassure the community. We will be receiving a draft of the MPB as soon as it is available and will make it available to all. I include a snippet of the recent communication for the DoJ.

Recent reply from the DoJ

"...airsoft will be regulated very much along the lines
proposed by the IAA - that is to say there will be a specific offence re
possession in a public place, standards for retailers, perhaps a code of
conduct/safety guideline for venues.

...the intervention of the IAA in making workable and sensible
proposals was the perfect solution and that's very likely the way it will
go.



...The IAA has achieved a lot in a year and in terms of the MPB I think you
will broadly welcome it since it legitimises airsoft and elevates it from
existing in a 'loophole' to being a recognised and legitimate activity."

Regards,
THE IRISH AIRSOFT ASSOCIATION COMMITTEE

-PornStar-

Freaking awesome news. Thanks for everyone's efforts, i.e. emailing the minister, Stone.cold's petition etc. Especially thanks to the IAA much love peoples.

gerrowadat

Yeah, kudos to people who've supported us or let people know how they feel in another way, especially stone.colds spartan effort.

Not out of the woods yet, but breathing a little easier.

amaughan

very good news well done and thanks a million

madmaxi

Well done lads,

kdouglas

OzCam wrote: »

Apparently the possession of an airsoft device in a public place is already a serious offence. I've asked for clarification/citation on this and will post when received.

from my understanding of it, an individual must feel threatened and that individual must charge you with assault due to them feeling threatened, the new legislation will mean gardai will have more powers without anyone having to report you for assault

(personal opinion only)

Rhinocharge

Best 30€ I ever spent. A big thank you.

fayer

Rhinocharge wrote: »

Best 30€ I ever spent. A big thank you.

Thanks Rhinocharge, means alot. As you can imagine we are over the moon on this one.

Steve

Genghiz Cohen

Meanwhile, back on topic:

I'm a little confused about the possesion in a public place bit.
The last time I went to fingal I had to carry my gear across the main road to get into the site. Does this count as posession in a public place? Could these new measures get me cuffed for it?

Puding

The last time I went to fingal I had to carry my gear across the main road to get into the site. Does this count as posession in a public place? Could these new measures get me cuffed for it?

i would say it will be the same as for example the uk, if someone can see it e.g its laying openly on the back seat of a car then your in trouble, if there packed away out of site then there is no problem

gerrowadat

Genghiz Cohen wrote: »

Meanwhile, back on topic:

I'm a little confused about the possesion in a public place bit.
The last time I went to fingal I had to carry my gear across the main road to get into the site. Does this count as posession in a public place? Could these new measures get me cuffed for it?

If someone's openly walking across a public road with what looks exactly like an assault rifle or pistol, carried openly, with people who don't know what airsof tis about, then they probably are deserving of a clip round the ear.

Masada

as far as carrying it across the road, as with all items that could be used as a weapon, (hammers, screwdrivers, bats etc), you can be charged if your carrying them without "reasonable cause or excuse".,
this means if they ask you what's in the bag, and you say an airsoft gun, I'm heading in there to play airsoft,., you will have a "reasonable cause/excuse"., whereas if your going the chipper and happen upon a garda while you have an airsoft pistol in your jacket, you have no reasonable cause to be carrying this., so yeah, you'll get the firearms act and an overnight stay courtesy of the state... deservedly.,


As regards a new organisation, why put your name to an organisation that has so far done nothing, when you can choose one that secured the future of airsoft in ireland, not to mention the fact that its conceived by someone with a commercial interest, whereas with the IAA, they are ALL PLAYERS of the game and dont stand to gain anything from their positions like this new one.,

to me it seems like a ridiculously easy decision.,

kdouglas

Hivemind187 wrote: »

Edit: This thread was intended to cover the PQ's and their answers, not to discuss the politics being caused by certain parties.

Exactly, please keep it on topic everyone.

Genghiz Cohen

gerrowadat wrote: »

If someone's openly walking across a public road with what looks exactly like an assault rifle or pistol, carried openly, with people who don't know what airsof tis about, then they probably are deserving of a clip round the ear.

Just to make it clear, I was in civies and my gear was in a big blue sports bag.
I knew about the reasonable cause thing, but the reading of the OP made it seem like that wouldn't apply anymore.

extremetaz

Genghiz Cohen wrote: »

Just to make it clear, I was in civies and my gear was in a big blue sports bag.
I knew about the reasonable cause thing, but the reading of the OP made it seem like that wouldn't apply anymore.

no, "reasonable" still applies, so you were sound out in that instance.

Spetzcong

Genghiz Cohen wrote: »

Just to make it clear, I was in civies and my gear was in a big blue sports bag, but the reading of the OP made it seem like that wouldn't apply anymore.

It'd have to be some law for carrying stuff safely hidden from public view in a big sports bag to count as "brandishing".