Seán Fleming (Laois, Fianna Fail)
98. To ask the Minister for Justice and Equality if the fire arms Directive has been implemented here (details supplied); and if she will make a statement on the matter. [8305/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)

On 18 November 2015, the European Commission proposed a revision of the Firearms Directive (Directive 91/477/EEC as amended by Directive 2008/51/EC). Political agreement was reached on the draft Directive in December 2016. The text was endorsed by the European Parliament’s Internal Market Committee on 26 January 2017 and is due to be voted by the full Parliament in March, and if passed, will then formally be approved by the Justice and Home Affairs Council.

The Firearms Directive allows the Commission to adopt standards and rules on the deactivation of firearms. The Commission Implementing Regulation (EU) 2015/2403 of 15 December 2015 (Deactivation Regulation) establishes common guidelines on deactivation within the EU with the objective of addressing problems due to the illegal re-activation of firearms by using pieces of other deactivated arms, home-made pieces or pieces acquired via the internet.

This Regulation sets out common and strict minimum criteria for the way EU countries must deactivate weapons so that they are rendered irreversibly inoperable. This Regulation came into effect on 8 April 2016 and has direct application within this jurisdiction. It is important to note that the Regulation permits both firearms owners and registered firearms dealers to carry out the work required to render the firearm irreversibly deactivated in accordance with the regulation. The firearm must then be submitted to any one of the current [46] national competent authorities within the EU for verification and certification.

Ireland has not appointed a Competent Authority to verify the deactivation of firearms in accordance with this Regulation because there is no significant firearms manufacturing industry in this country and no formal training for a gunsmith is recognised by the State. However, the Department of Justice and Equality has received statements of interest from twelve interested parties who wish to be assessed to be appointed as a Competent Authority for the verification of the deactivation of firearms under the regulation. As the Regulation is currently being revised by the European Commission, these interested parties have been advised that the Department does not propose to progress their applications until the amended text has been agreed and approved by the Commission. In the meantime, the Birmingham Proof House has been approved by UK authorities to verify the deactivation of firearms in accordance with the Regulation and they have indicated their willingness to undertake such verification work for Irish customers.

The possession of any firearm, even after deactivation, will continue to require authorisation by An Garda Síochána.

10:30 am
Paul Coghlan (Fine Gael)

As the Minister of State, Deputy Michael Ring, knows, I am concerned about the deer population generally in County Kerry. There are two types of deer, the native red deer, a most magnificent wild animal, and the imported Japanese sika deer. Frankly, I do not mind what the Minister of State does with the Japanese species which I do not think has a proper place in the national park. He can remove all of them. The only cull that should take place among the native red deer should involve old and infirm animals. As for the sika deer, it can be open season. I do not know how many hundred there are, but we want to protect the native red deer.

I accept that deer have caused some accidents. In that regard, I am particularly concerned about accidents occurring on the Killarney to Killorglin road. The provision of further fencing would be of great help in keeping deer within the bounds of the national park. As I do not think the erection of fencing would be possible on the Killarney to Kenmare road, perhaps more signage might be provided to warn motorists.

The Department has received a communication from the Wild Deer Association of Ireland. I suspect it has its own agenda and wants a licence from the Department to shoot deer in the national park. That would be extremely dangerous and is not something I would recommend at all. In fact, I recommend that the Minister of State have a meeting with the Kerry Deer Society. At this point I must declare an interest in that I am a member of the society. We are conservationists, not hunters, unlike some of the others. Through engagement with the Minister of State and his officials, a proper policy on the management of deer could be worked out satisfactorily.

I see a Senator from County Mayo present in the Chamber. She reminded me recently of a national park in that county, Ballycroy National Park.

Denis O'Donovan (Fianna Fail)
The Senator might confine himself to Killarney National Park.

Paul Coghlan (Fine Gael)
I will, but I am dealing with an Irish problem. Some of the native red deer could be relocated to Ballycroy, Glenveagh and Connemara national parks, as happened before. If there is overpopulation, I seriously recommend relocation to some of these national parks. Why not share them with others? I look forward to hearing the Minister of State's response.

Michael Ring (Mayo, Fine Gael)
That is the first thing Kerry ever wanted to share with Mayo. A colleague of the Senator from County Kerry wants to bring in the Army to deal with other problems there.

Paul Coghlan (Fine Gael)
The rhododendron problem.

Michael Ring (Mayo, Fine Gael)
The Senator does not want the Army to be brought in to deal with this problem.

Paul Coghlan (Fine Gael)
No, I do not.

Michael Ring (Mayo, Fine Gael)
That is fine. I thank the Senator for raising this matter. There is a significant challenge in attempting to balance the demands of agriculture, forestry and conservation with the need to ensure deer populations occupying the same land resources are managed at sustainable levels and in a responsible and ethical manner. It should be noted that while the National Parks and Wildlife Service of my Department licenses the hunting of deer, my Department does not own the deer population. Deer roam freely throughout the countryside and are present in many parts of the country. It is not part of the remit of my Department, nor would it be generally possible, to cordon them in specific areas of land.

I am sure the House is aware of the unique position of the Kerry red deer. A survey of red deer on the island of Ireland undertaken in 2014 found that the red deer population in County Kerry was descended from an ancient introduction and merited conservation. During the mid-19th century the Japanese sika deer was introduced to Ireland in Powerscourt. It has thrived dispersed within County Wicklow and been translocated to other sites throughout Ireland.

Despite a long-standing overlap in the ranges of red deer and sika deer in County Kerry, no red deer-sika deer hybrids were detected there during the survey work. However, red deer-sika deer hybrids were identified in County Cork. Given their proximity, the County Cork hybrids pose a threat to red deer in County Kerry. As hybrids are not easy to distinguish visually, genetic testing is necessary to tell them apart from pure bred deer.Further genetic surveys are under way on deer in south-western Ireland and departmental officials in Killarney National Park continue to co-operate with this work.
All wild deer species in the State are protected under the Wildlife Acts. However, there is an annual open or hunting season during which deer can legally be shot under licence. The open season for deer operates generally from the beginning of September to the end of February each year, depending on the species and gender of deer. This reflects the conservation needs of the species concerned including red, fallow and sika. Some 4,700 deer hunting licences were issued by my Department last year.

I point out that the hunting of red deer in Kerry is totally prohibited. However, permits may be issued by my Department to hunt red deer in Kerry in instances where they are causing serious damage to crops or forestry and these applications are considered on a case-by-case basis by my Department.
I accept that deer can and do cause serious damage to crops and forestry. Control of deer on private property is the responsibility of landowners. Where control measures need to be taken outside the open season, landowners may apply to my Department for permission under section 42 of the Wildlife Act to cull deer. This offers a facility whereby a person can obtain a permit, on a case-by-case basis, to stop serious damage being caused by deer on specific lands. Permissions are only issued where there is evidence of such serious damage and on a case-by-case basis to take action by means which can include scaring, capturing or killing.

The Department routinely carries out localised deer counts on State lands such as in Wicklow and Killarney national parks. Where appropriate, and depending on the numbers and instances of damage caused by deer to habitats especially woodland, culls may be carried out to ensure that deer populations do not reach levels that would have negative consequences. However, it must be noted that the population of red deer in Killarney National Park and surrounding areas are of national conservation significance.
My Department commissioned a comprehensive survey and report in the winter of 2016 on the distribution, population density and population structure of red deer and sika deer in Killarney National Park. On foot of the recent report, staff from my Department are currently undertaking a cull of deer in the national park, which will be concluded by the end of March.

Paul Coghlan (Fine Gael)
I am very grateful to the Minister of State for coming to the Senate on this issue this morning and for his positive outlook in what he has said about the deer meriting conservation. I urge him to have a meeting in early course with the Kerry Deer Society, whose members would be most anxious to sit down with him.

Our views are broadly in line and we accept that where some serious damage is done it can be examined on a case-by-case basis. If deer are on a person's property, they are under the ownership of the landowner who can apply to the Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs for a licence, which is understandable. In a general sense, these are worthy of conservation and I accept everything the Minister of State has said in that regard. I would be happy to facilitate his meeting the Kerry Deer Society in early course.

Denis O'Donovan (Fianna Fail)
The matter has been dealt with comprehensively. I thank the Minister of State, Deputy Ring.

Pat Deering (Carlow-Kilkenny, Fine Gael)
323. To ask the Minister for Arts, Heritage and the Gaeltacht how a wildlife licence to shoot wild deer can be obtained. [22681/17]

Heather Humphreys (Cavan-Monaghan, Fine Gael)

There is an annual open season during which deer can be legally shot under licence. The open season for deer operates generally from 1 September to 28 February, depending on the species and gender of deer. Individuals can now apply to my Department for an annual deer hunting licence for the 2017/18 season. Application forms can be accessed through the website of the National Parks and Wildlife Service of my Department at www.npws.ie or by contacting the Wildlife Licensing Unit of my Department.

Jonathan O'Brien (Cork North Central, Sinn Fein)
913. To ask the Tánaiste and Minister for Justice and Equality the details of proposed changes to legislation that would ban the practice of night-time shooting and hunting. [27875/17]

Charles Flanagan (Laois, Fine Gael)
I can inform the Deputy that there is no proposal to ban night time shooting. At a meeting of the Firearms Consultative Panel (chaired by my Department) held on April 5th 2016, shooting groups stated that illegal shooting at night is a serious safety issue which needed to be addressed. As a result a working group on night time shooting chaired by the National Parks and Wildlife Service (NPWS) with membership from An Garda Síochána and other shooting interest groups held a number of meetings resulting in a draft report prepared by the NPWS. The proposals in the draft report do not contain a legal ban on night time shooting but rather are intended to act as best practice guidance for shooters. I understand, during discussions by the working group, that many issues arose for consideration in what is a complex and challenging area.

That draft report was submitted to the Firearms Consultative Panel for consideration on April 20th 2017. While the draft report received considerable support, certain concerns were raised. As a result members of the Firearms Consultative Panel were invited to make submissions by June 1st which will be considered by the NPWS chair of the working group on night time shooting, in conjunction with members of the Working Group. A full meeting of the Firearms Consultative Panel, chaired by my Department, will subsequently consider the matter.

Michael Collins (Cork South West, Independent)
465. To ask the Tánaiste and Minister for Justice and Equality his plans to introduce a night-time shooting ban; and if he will make a statement on the matter. [35275/17]

Michael Collins (Cork South West, Independent)
539. To ask the Tánaiste and Minister for Justice and Equality his plans to introduce a night-time shooting and hunting ban for gun clubs and predator control; and if he will make a statement on the matter. [35911/17]

Charles Flanagan (Laois, Fine Gael)
I propose to take Questions Nos. 465 and 539 together.

I can inform the Deputy that there is no proposal to ban night time shooting. At a meeting of the Firearms Consultative Panel (chaired by my Department) held on April 5th 2016, shooting groups stated that illegal shooting at night is a serious safety issue which needed to be addressed. As a result a working group on night time shooting chaired by the National Parks and Wildlife Service (NPWS) with membership from An Garda Síochána and other shooting interest groups held a number of meetings resulting in a draft report prepared by the NPWS. The proposals in the draft report do not contain a legal ban on night time shooting but rather are intended to act as a voluntary code of best practice guidance for shooters. I understand, during discussions by the working group, that many issues arose for consideration in what is a complex and challenging area.

That draft report was submitted to the Firearms Consultative Panel for consideration on April 20th 2017. While the draft report received considerable support, certain concerns were raised. As a result members of the Firearms Consultative Panel were invited to make submissions by June 1st which will be considered by the NPWS chair of the working group on night time shooting, in conjunction with members of the Working Group. A full meeting of the Firearms Consultative Panel, chaired by my Department, will subsequently consider the matter.