Willie Penrose (Longford-Westmeath, Labour)
340. To ask the Minister for Justice and Equality the number of firearms licences that have been revoked or withdrawn in the Garda Síochána district of Longford and Roscommon and the number that have been subsequently returned on appeal or direct application in the same district; and if she will make a statement on the matter. [7077/16]

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

I am informed by An Garda Síochána that since January 2015, three firearms licences have been revoked in the Garda Síochána District of Roscommon. These revocations were not the subject of appeals to the District Court. No firearms licences have been revoked in the Garda Síochána District of Longford.

Michael Healy-Rae (Kerry, Independent)
170. To ask the Minister for Arts, Heritage and the Gaeltacht the status of an application by a person (details supplied) for an out-of-season licence for shooting deer; and if she will make a statement on the matter. [12390/16]


Heather Humphreys (Cavan-Monaghan, Fine Gael)

An application was received in my Department last month from the individual in question for a permit under Section 42 of the Wildlife Acts to hunt deer out of season. The permit has issued to the individual.

Thomas Byrne (Meath East, Fianna Fail)
59. To ask the Minister for Justice and Equality the number of holders, annually, of licensed firearms who had their firearms removed from them by the Garda as a result of producing a firearm during a trespass on their dwelling or in the course of a crime being committed at their dwelling. [23888/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)

Section 5 of the Firearms Act 1925, as amended, provides for the revocation of firearm certificates by an issuing member of An Garda Síochána. I am advised by An Garda Síochána that they are not in a position to provide the information in the manner requested by the Deputy as it would require a disproportionate amount of Garda time and resources to collate the data requested.

Thomas Byrne (Meath East, Fianna Fail)
60. To ask the Minister for Justice and Equality the circumstances in which a superintendent of An Garda Síochána is entitled to remove a firearm from a holder of a firearms licence. [23889/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)

I can inform the Deputy that Section 5 of the Firearms Act 1925, as amended, provides that an issuing person may at any time revoke a firearm certificate granted by the person if satisfied that the holder of the certificate—
(a) has not a good reason for requiring the firearm to which the certificate relates,
(b) is a person who cannot, without danger to the public safety or security or the peace, be permitted to possess a firearm,
(c) is a person who is declared by this Act to be disentitled to hold a firearm certificate,
(d) where the firearm certificate limits the purposes for which the firearm to which it relates may be used, is using the firearm for purposes not authorised by the certificate,
(e) has not complied with a condition attached to the grant of the certificate, or
(f) where the firearm is authorised to be carried or used by a holder of a firearms training certificate, has, without reasonable excuse, permitted the holder of that certificate to carry or use the firearm while not under his or her supervision.

Thomas Byrne (Meath East, Fianna Fail)
58. To ask the Minister for Justice and Equality if a householder is entitled under law to use reasonable force to repel a trespasser or an assailant at a dwelling; the circumstances a firearm is allowed to be produced by the same householder in self-defence. [23887/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)

The first course of action for any householder faced with a trespasser or burglar should be, where circumstances permit, to call the Garda Síochána who are best placed to deal with violent offenders and to investigate offences.

The Criminal Law (Defence and the Dwelling) Act 2011 clarifies the law concerning the defence of the home. The premise of the Act is the use of reasonable force by a householder against an intruder entering the dwelling with criminal intent. Section 2 of the Act sets out the criteria for use of reasonable force by a householder against an intruder entering the dwelling with criminal intent. The householder must believe that the intruder has entered the dwelling to commit a criminal act. The force used against the intruder must only be such as is reasonable in the circumstances as the householder believes them to be, to protect people in the dwelling from assault, to protect property, to prevent the commission of a crime or to make a lawful arrest. Section 2(4) provides that it is a matter for a court or jury to decide whether the householder's belief with regard to the amount of force used was honestly held and provides as follows: It is immaterial whether a belief is justified or not if it is honestly held but in considering whether the person using the force honestly held the belief, the court or the jury, as the case may be, shall have regard to the presence or absence of reasonable grounds for the person so believing and all other relevant circumstances.

Bad_alibi wrote: »

Or it could be because every farmer in the country wants to know can they shoot someone if they break into their house.

6:40 pm
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
12. To ask the Minister for Justice and Equality her plans for updating and strengthening the sentences that can be imposed on persons convicted of possession of firearms with intent to injure and-or kill; and if she will make a statement on the matter. [27625/16]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
The reason I put down this question about firearms is that, a number of months ago, Deputy Declan Breathnach introduced me to a postmistress from a post office in County Louth who had been through an extremely harrowing experience when she was subjected to a raid on the post office, not once, but twice. I am sure the Minister will agree that offences which are committed with the use of firearms are astonishingly serious. They are distinguished from other criminal offences where individuals on the spur of the moment may not involve themselves in a premeditated act, although they involve themselves in criminality nonetheless. We need to have greater codification and increased sentences in respect of the possession of firearms.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
There are very severe penalties in place for firearm offences under the Firearms Acts 1925 to 2009. A person possessing a firearm with intent to endanger life is liable to a minimum of ten years imprisonment and up to a maximum of life imprisonment and a fine at the discretion of the court. The court has some discretion in applying these minimum sentences in the case of a first offence, depending on the circumstances concerned, but not in the case of a second or subsequent offence. This and other mandatory minimum sentences for firearms offences were introduced on foot of concerns regarding the impact this type of offence had on society, on individuals and on communities.

I want to put on record that much progress has made in tackling gun crime in Ireland and the statistics are as follows. The number of offences relating to the possession and discharge of a firearm fell by 52%, from 745 in 2005 to 356 in 2015, while incidents of assault, burglary, robbery and murder involving a firearm are down 28%, from 455 to 329. Of course, if one is the person being assaulted in this way, one case is one too many, which I accept. However, the sentencing regime is quite tough and I am not sure there is scope for any further strengthening, although I am happy to consider any specific suggestions the Deputy may have.

Gun crime must be tackled aggressively by An Garda Síochána and this is being done through a range of targeted and intelligence-based operations, which often disrupt incidents and ensure we detect and prosecute those involved.


Jim O'Callaghan (Dublin Bay South, Fianna Fail)
The Minister is correct to state there are certain offences associated with firearms which carry very serious sentences, such as the ones she has identified. However, there are other offences which do not carry the same sentence, such as reckless discharge of a firearm or possession of a firearm or ammunition in suspicious circumstances. We need to have a codified and consistent approach to offences with the use of firearms.

As I mentioned at the outset, when somebody gets involved with possession of a firearm for the purpose of illegal activity, there is no doubt but that the person is going to be involved in predetermined criminal activity. We need to send out a message that the use of firearms in criminal activity is an offence which carries very special and serious penalties. It is for that reason we should look again at this issue. It is not just the Minister's responsibility to introduce new laws, which is something any member of the House can do. However, I believe the other offences in association with the use of a firearm need to be strengthened so, for example, persons who are holding onto a firearm or minding a firearm, or using a firearm for activities which they may not think are going to result in the death of an individual, are aware there are very serious criminal sanctions. It is simply unacceptable for people in this society to have firearms for illegal activity. We do not want to find ourselves in a situation where it becomes acceptable over time. We need to stamp down on it promptly.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
The House might be interested to know that a High Court judgment of 9 May 2016, with which I am sure the Deputy is familiar, upheld the constitutionality of the mandatory minimum sentence provisions for repeat firearm offences. Mr. Justice Twomey adjudicated it is within the rights of the Oireachtas to make such provisions, having regard to public safety and the protection of citizens. He also made reference to the fact the Garda Síochána is a unarmed force and that strong legal provision for firearms offences acts as a deterrent. Indeed, in regard to some of the particular issues the Deputy has raised, section 27A of the Firearms Act 1964 provides for mandatory minimum sentences of at least five years, with the possibility of up to 14 years for those convicted of possession of a firearm in suspicious circumstances. Under section 27B of the 1964 Act, it is also an offence to carry a firearm with criminal intent, and that also attracts a minimum sentence of five years, with a possible maximum sentence of 14 years.
Therefore, if some codification is needed, or if there are any issues the Deputy would like to forward to me in this regard, I will certainly ask the Department to examine them. However, I am satisfied there are strong sentencing deterrents available for people who would carry firearms in this jurisdiction. The reduction in offences shows that people are getting that message but it is an ongoing issue.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
31. To ask the Minister for Justice and Equality if she will consider updating and strengthening the sentences that can be imposed on persons convicted of possession of firearms with intent to injure and or kill; and if she will make a statement on the matter. [27377/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
As previously stated, there are severe penalties in place for firearm offences under the Firearms Acts 1925 to 2009. A person possessing a firearm with intent to endanger life is liable to a minimum of 10 years imprisonment and up to a maximum of life imprisonment and a fine at the discretion of the Court. The Court has some discretion in applying these minimum sentences in the case of a first offence, depending on the circumstances concerned, but not in the case of a second or subsequent offence. This, and other mandatory minimum sentences for firearms offences, were introduced on foot of concerns regarding the impact these type of offences had on society and individual communities.

On foot of the introduction of these penalties in the Criminal Justice Act 2006 much progress has made in tackling gun crime in Ireland. The number of offences relating to the possession and discharge of a firearm fell by 52% from 745 in 2005 to 356 in 2015; while incidents of assault, burglary, robbery and murder involving a firearm are down 28% from 455 to 329. Given the severe sentences in place with the potential for a maximum of life imprisonment, I am not sure there is scope for any further strengthening of sentences. However, I will be more than happy to consider any specific suggestions which the Deputy may have.

Gun crime is and must be tackled aggressively by An Garda Síochána by means of a range of targeted and intelligence based operations, disrupting and preventing incidents before harm is caused, as well as detecting and prosecuting those involved. Against this background and in the context of recent organised crime activity, a number of targeted additional measures have been put in place in support of the work of An Garda Síochána. These include the recent changes to the Proceeds of Crime Acts, the allocation of an additional €55 million to An Garda Síochána this year, and the establishment of a Special Crime Task Force. A dedicated Armed Support Unit for the Dublin Metropolitan Region is also being established.

Michael Healy-Rae (Kerry, Independent)
...
My brother raised other issues to do with safety but he left out one item, which is the number of accidents caused on a daily basis by deer roaming onto the roads late at night and early in the morning. I know of a number of people who have been seriously injured and of a number of accidents because where I am from the deer population has soared in recent years. If people hit a deer and their vehicle is damaged or the driver or passengers are injured and they go to the National Parks and Wildlife Service because the deer came from land under its control, it will tell them it has nothing to do with it. At the same time, this is the body which, if an honest to God person goes out at night with a gun and goes shooting a deer, will tell the person he or she cannot do it. Will it make up its mind? If it is responsible for the deer it is responsible for them and if it is not it is not, in which case it is our business what we do with them.

In the past I have called for a 70% cull of the deer population in Ireland. One might think this is a lot but it is very factual and correct. If we are to go back to the figure we should have in Ireland, we should lose 70% of our present deer population because it is outrageous. Farmers are being affected. Their fences are being broken and their grass is being eaten and it is all because of this problem spiralling out of control. The number of people who get seriously injured because of deer roaming onto the roads is enormous. I am aware of one case where two people lost their lives and it was put down to the fact there were deer on the road and they swerved to avoid them and unfortunately lost their lives. Something must be done to address this very serious situation.

...

Thomas Pringle (Donegal, Independent)
602. To ask the Minister for Transport, Tourism and Sport the reason there is no competition licence here for younger shooters that wish to compete at international skeet events on behalf of Ireland unlike in other jurisdictions in which younger shooters can acquire a special licence while under special guidance of a team manager; and if he will make a statement on the matter. [39434/16]

Patrick O'Donovan (Limerick County, Fine Gael)

Neither I nor Sport Ireland have any responsibility in relation to the matter raised by the Deputy. The Deputy may wish to enquire with the Irish Clay Pigeon Shooting Association (ICPSA), which is the National Governing Body for clay shooting. All National Governing Bodies, including the ICPSA, are independent, autonomous bodies and are responsible for the competition rules for their sports.

Martin Ferris (Kerry, Sinn Fein)
393. To ask the Minister for Arts, Heritage and the Gaeltacht the circumstances under which red deer stags were shot and killed by trophy hunters in Killarney National Park; and if she will make a statement on the matter. [39600/16]

Heather Humphreys (Cavan-Monaghan, Fine Gael)

There is an annual Open Season during which deer can be legally shot under licence. The Open Season generally operates from 1 September to 28 February, depending on the species and gender of deer. Hunters need to have permission from the landowner and/or the sporting rights holder where they hunt.

The hunting of both male and female red deer in county Kerry is prohibited under the Open Seasons Order. However, there is a facility under the Wildlife Acts whereby landowners may apply to my Department for a special permission to cull deer where this is necessary outside the annual open seasons. These permissions offer a facility whereby a person can obtain a permit, on a case-by-case basis, to prevent serious damage caused by individual deer on specific lands. Permissions are only issued where there is evidence of such damage. Such permits are granted to a particular landowner and specify the person (deer stalker) who is permitted to carry out the cull.

As such, the permits are non- transferable and may not be sold.

Officials of my Department have investigated the allegation that an overseas hunter reputedly “bought” a permit to shoot red deer in the Killarney area. It is my understanding that this allegation has also been reported to An Garda Síochána. To date, my Department has found no evidence or concrete information in relation to this allegation. If, however, the Deputy wishes to forward any specific information he may have, I will be glad to have the matter given further consideration.

John Brady (Wicklow, Sinn Fein)
394. To ask the Minister for Arts, Heritage and the Gaeltacht if her attention has been drawn to the fact that permits that have been granted to a person to shoot an animal have been sold on; and if she will make a statement on the matter. [39610/16]

Heather Humphreys (Cavan-Monaghan, Fine Gael)

Under the Wildlife Acts, there are various hunting activities which are licensing by my Department, including the hunting of deer. Deer hunting licences are issued by my Department on an annual basis to individuals to hunt deer during the Open Season. The annual Open Season during which deer can be legally shot under licence generally operates from 1 September to 28 February, depending on the species and gender of deer. Some 4,600 deer hunting licences have been issued by my Department in 2016 to date. Licences are granted to a particular individual and are non-transferable and may not be sold. Investigations by my Department have not, to date, uncovered evidence regarding the reselling of any license. If, however, the Deputy wishes to forward any specific information he may have, I will be glad to have the matter given further consideration.