Firearms and Offensive Weapons (Amendment) Bill 2019: First Stage

1:10 pm
Jim O'Callaghan (Dublin Bay South, Fianna Fail)

I move:

That leave be granted to introduce a Bill entitled an Act to amend the Firearms and Offensive Weapons Act 1990 by increasing the maximum sentence that can be imposed for the possession of a knife to cause injury to, incapacitate or intimidate any person.
I seek leave to introduce legislation entitled the Firearms and Offensive Weapons (Amendment) Bill 2019. The purpose of the legislation is to amend section 9 of the Firearms and Offensive Weapons Act 1990, which deals with the crime of possession of knives. The Acting Chairman will be aware that there have recently been a number of significant criminal events involving the use of knives. Last month a young man was killed with a knife in Dundrum. Earlier this month a man was killed with a knife on O'Connell Street. Two days ago, a woman was killed with a knife in the region of the Liberties in Dublin. Unfortunately the crime statistics that are compiled do not give us specific detail on the number of homicides or assaults committed with a knife, but we do have some statistics that indicate that the use and carrying of knives is increasing. An Garda Sh has been able to provide information to the Minister, which he shared with me in the answer to a parliamentary question. The number of knives seized by An Garda Sh has increased by approximately 66% since 2016. In 2017, 1,600 knives were seized. In 2018, 2,000 were seized. From the recent terrible events and the statistics with which we have been provided, it seems that knives are being carried more frequently. Unfortunately, it also appears to be the case that people are using knives, sometimes with fatal and tragic consequences.

As I have said, the purpose of this legislation is to amend section 9 of the 1990 Act. This section deals with the possession of knives. Section 9(7) deals with the penalties that can be imposed by a court on somebody who is convicted of possession of a knife. The simple purpose of this legislation is to increase the maximum penal sentence that can be imposed upon a person who is found guilty on indictment of possession of a knife from five years to ten years. At present the maximum penalty is five years. Fianna F believes this should be increased to ten years.

We are also fully aware that legislation cannot be the only response to this issue. The legislation will seek to provide a greater deterrent to those who are contemplating carrying a knife but we need a much broader response, based in society, to the issue. Unfortunately, it appears to be the case that many young men think it is appropriate, acceptable and, sometimes, necessary to carry a knife when going out. The message needs to get across that this is not correct. It is dangerous for them and for others and it can destroy lives, whether the life of a person stabbed with a knife or the life of a person who perpetrates such an act. Many perpetrators do not go out with a knife on the day of the offence with the intention of causing harm. They do so because they unwisely believe that it is necessary for their own defence.

In the neighbouring jurisdiction, and in London in particular, there is a chronic problem with the use of knives and the damage such use causes to younger people in particular. We are fortunate to be nowhere near that level of difficulty in this jurisdiction but we have to be conscious that seizures of knives are increasing and that fatal attacks have been carried out with knives. For that reason, this Oireachtas should try to send out a message by increasing the potential maximum sentence for those convicted. It is for that reason that I seek to introduce this Bill.

Alan Farrell (Dublin Fingal, Fine Gael)
Is the Bill opposed?

SeKyne (Galway West, Fine Gael)
No.

Question put and agreed to.

Alan Farrell (Dublin Fingal, Fine Gael)
Since this is a Private Members' Bill, Second Stage must, under Standing Orders, be taken in Private Members' time.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
I move: "That the Bill be taken in Private Members' time."

Question put and agreed to.

Michael Healy-Rae (Kerry, Independent)
609. To ask the Tiste and Minister for Justice and Equality if he will address a matter regarding the deactivation of old guns (details supplied); and if he will make a statement on the matter. [35723/19]

Charles Flanagan (Laois, Fine Gael)
Under section 6 of the Firearms and Offensive Weapons Act 1990, as amended, deactivated or defective firearms, not capable of being fired, may be kept on the written authorisation of the local Garda Superintendent.

As the Deputy may be aware, on 8 April 2016, a regulation came into effect and introduced new EU-wide standards for deactivated firearms - the European Commission Implementing Regulation 2015/2403 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable. It has subsequently been amended by Commission Implementing Regulation 2018/337, which came into effect in 2018.

Accordingly and since April 2016, a two-step process is involved, whereby the firearm is firstly deactivated in accordance with the technical requirements of the revised Regulation, followed by an independent verification of this deactivation by a competent public authority appointed by Member States within each jurisdiction.

The first step may be carried out by any Registered Firearms Dealer in Ireland. Arrangements for appointment of a competent public authority in Ireland are currently being progressed by my Department. Pending appointment of such a competent public authority in Ireland, the deactivation of firearms may be verified by the Competent Authority in any other Member State.

Brendan Griffin (Kerry, Fine Gael)
674. To ask the Tiste and Minister for Justice and Equality his plans to introduce regulations for the storage of ammunition; and if he will make a statement on the matter. [36492/19]

Charles Flanagan (Laois, Fine Gael)
I am pleased to confirm for the Deputy that a number of regulations are already in place in relation to storage of firearms and ammunition in Ireland.

The Firearms (Secure Accommodation) Regulations 2009 (SI No. 307 of 2009) introduced regulations governing the secure storage of firearms in the home. These regulations set out the minimum security standards in relation to the provision of secure accommodation for relevant firearms.

The Firearms (Storage of Firearms and Ammunition by Firearms Dealers) Regulations 2017 (SI No. 646 of 2017) set out minimum standards for the safe and secure storage of firearms and ammunition in the premises of firearms dealers. The different categories of firearms dealers are recognised and the regulations scale the requirements depending on the quantities of ammunition and firearms being stored.

Most recently, the European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 2019 (SI No. 420 of 2019) came into effect on 1 September 2019. These regulations give effect in national law to EU Directive 2017/953. Among other provisions, requirements are set out in relation to the storage of ammunition for relevant firearms. The regulations provide that when the relevant firearm is not in use, the ammunition for it must be stored in a locked receptacle that is separate from any firearm in which that ammunition is capable of being used. The regulation also provides that when a relevant firearm or ammunition is being transported, the firearm must be concealed from view and stored separately from the ammunition, and that the ammunition must be stored in a locked receptacle.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
37. To ask the Minister for Culture, Heritage and the Gaeltacht if her attention has been drawn to the concerns of an organisation (details supplied) on a proposed EU-wide ban on lead shot; and if she will make a statement on the matter. [37895/19]

Josepha Madigan (Dublin Rathdown, Fine Gael)
The Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA) was developed under the UN Convention on Migratory Species. Ireland signed up to the Agreement in 2003. The agreement includes a commitment that “Parties shall endeavour to phase out the use of lead shot for hunting in wetlands as soon as possible in accordance with self-imposed and published timetables." This is because there is slow accumulation of lead from shot in wetlands where hunting occurs. The lead is generally harmful in the environment and can also be consumed by wildfowl which often swallow small pieces of hard materials such as gravel and the like, to assist the maceration of vegetable matter in their gizzard. My Department’s position is to support the AEWA commitment to phase out the use of lead shot over wetlands.

The European Commission have published an initial draft Regulation for consideration by Member States on the use of lead shot in wetlands following a report on the matter by the European Chemicals Agency (ECHA). It is my understanding that the proposal, should it ultimately progress into law, would make provision for a lead-in time to facilitate the making of arrangements to source alternatives to lead shot. It is Ireland's understanding the majority of Member States currently have some restrictions on the use of lead shot over wetlands.

The Department is aware that the ban on using lead in gunshot would provide a range of difficulties to transition to new guns/gunshot for many gun owners in Ireland, including farmers and hunters. In those Member States which do have some restrictions, many gun owners would already have guns with non-lead shot ammunition. This would not be the case in Ireland where a considerable number of gun owners would have to make alternative arrangements, in many cases to purchase new guns.

Discussions with the REACH Committee (which is within the remit of the ECHA), are ongoing. Ireland is represented on the Committee by the Health and Safety Authority (HSA), and will be requesting a lead-in time of sufficient length for the implementation of the Regulation.

John Lahart (Dublin South West, Fianna Fail)

I join my colleagues in commending Deputy O'Callaghan for bringing this legislation forward. I wish to share with the House some correspondence that I entered into with the Garda Commissioner's office on foot of the Christchurch, New Zealand massacre regarding the use of semi-automatic weapons.

I put down a few questions and got comprehensive replies. I asked initially when legislation was last introduced concerning firearms and, given it has been ten years, it is timely we are looking at these offensive weapons. I again commend my colleague on allowing us the opportunity to do this.

One of the questions I asked was how many semi-automatic centre-fire rifles - that is, larger calibre, military-style rifles - are currently licensed in this jurisdiction and how many semi-automatic rifles in smaller calibres such as .22 are currently licensed. I was told that a new category of firearms certificate, namely, a restricted firearms certificate, was introduced in the legislation in 2009. Of the approximately 53,408 rifles currently licensed in the State as of May this year, only 263 fall into the restricted category. The majority of these 263 restricted rifles are predominantly licensed for the purpose of recreational target practice at authorised shooting ranges, which are very strictly regulated. The point is that these are the types of weapons that were used in the Christchurch attacks in New Zealand. As I said, the majority of these 263 restricted rifles are licensed for the purposes of recreational target practice. However, I am told these firearms are not kept or stored in clubs and the individual owner brings these rifles to the clubs. For the remainder of the time, they are kept in the private possession of the individual owner. This is exactly what happened in Christchurch. They are free to access them at any time, as was the case with the perpetrator of the New Zealand assault. They are military-style, high-capacity, semi-automatic weapons and have no real application in a sporting sense. While it may seem a small figure, there are more than 260 of them in the hands of individuals in Ireland. I believe they should not be just regulated or restricted; they should be banned.

The final question I asked was in regard to whether gun licence holders have to undergo any form of mental health vetting or Garda vetting prior to being licensed and, if so, what is the nature of such vetting. The Minister of State might clarify that point. The general answer I get is that each application for a firearms certificate is considered on its individual merits by an issuing person, so there does not seem to be any great series of loops a person who has one of these has to go through. That ought to be looked at, possibly in the context of this Bill and, if necessary, there should be further restrictions or tightening. It seems to be at the discretion of the issuing person involved. The Minister might take on board some of those suggestions.