I move: "That the Bill be now read a Second Time."
The Bill has three objects. The first object is to amend the definition of "firearm" in the Firearms Act, 1825, by extending it to include component parts of a firearm. The second object is to amend the provision in the 1925 Act, which relates to the unauthorised possession of firearms, so as to reduce the penalties applicable to firearms that may be classed as sporting weapons and to increase those applicable to firearms that may be classed as military type weapons. The third object is to put beyond doubt that the section in the 1925 Act which makes it an offence carrying severe penalties to be in possession of firearms or ammunition with intent to endanger life or cause serious injury to property, extends to lives and property outside as well as inside the State.
The proposed amendment of the definition of "firearm" is provided for in section 2 of the Bill. The amendment is designed to close a loophole in the existing law whereby, for example, it is possible for stocks of component parts of firearms to be held by a number of people in such a way that, although the weapons can be assembled at short notice, no one person is legally in possession of a firearm. The amendment will also cure the anomalous situation in which a slight and easily remedied defect in an otherwise perfect weapon can sometimes result in a person charged with the offence of unauthorised possession of the weapon being acquitted by the court.
Provision is made in sections 3 and 5 of the Bill to ensure that separate firearm certificates will not have to be obtained for components. Paragraphs (c) and (d) of section 3 will empower a superintendent of the Garda Síochána to authorise the possession of component parts; and section 5 will enable component parts to be given or sold to, and possessed and carried by, a person for a firearm which he is authorised to possess, without his being required to have any separate authorisation in respect of the parts themselves. Excise duty is not payable on an authorisation.
These provisions taken together are intended to effect a tightening-up of the controls on possession of firearms. While one result of the provisions is that the penalty for the unauthorised possession of a component part will be the same as that for the firearm of which it is part, commonsense and the exercise of judicial discretion will, I have no doubt, ensure that minor breaches of the law arising from the possession of component parts will be dealt with as such.
I now pass on to the second object of the Bill. Under the law as it stands, unauthorised possession of any firearms attracts the general penalty provided in section 25 of the 1925 Act for offences for which no special penalty is provided, that is to say, on summary conviction, a fine not exceeding £50 or imprisonment for a term not exceeding six months or both and, on conviction on indictment, a fine not exceeding £100 or imprisonment for a term not exceeding two years or both. There is a separate, indictable offence in section 15 of the 1925 Act of being in possession of a firearm or ammunition with intent to endanger life or cause serious injury to property and some Deputies might be inclined to think that that section should be sufficient to deal with any special problems relating to military type weapons. But proving intent beyond reasonable doubt is always difficult, even where the Gardaí are fully satisfied that the intent exists, and it has been necessary to rely on the unauthorised possession provision in cases where military type weapons are seized.
Section 3 of the Bill proposes to reduce the penalties for the unauthorised possession of a sporting firearm, or a firearm that had been held under a firearm certificate which had expired but had not been revoked, to, on summary conviction, a fine not exceeding £50 for a first offence, and, for any subsequent offences, a fine not exceeding £50 for a first offence, and, for any subsequent offence, a fine not exceeding £50 or imprisonment for a period not exceeding three months or both. In the case of the unauthorised possession of any other firearms, however, the section proposes to increase the penalties to, on summary conviction a fine not exceeding £200 or imprisonment for a period not exceeding 12 months or both, or, on conviction on indictment, a fine not exceeding £500 or imprisonment for a period not exceeding five years or both. The penalty for the unauthorised possession of ammunition or a component part will be the same as that for the firearm to which the ammunition or part is appropriate.
The Government wish it to be clearly understood from these proposals in relation to penalties that they take a most serious view of the unauthorised possession of military type weapons and, while there is no intention of interfering in any way with the exercise by the courts of their discretion as to what, if any, penalty is appropriate in any particular case, the Government consider it desirable that the Oireachtas should, by enacting the proposals, express the determination of the elected representatives of the people not to tolerate the deliberate, clandestine possession of weapons of war.
This brings me to the third object of the Bill. Section 15 of the 1925 Act provides that any person in possession of a firearm or ammunition with intent to endanger life or cause serious injury to property shall be liable to suffer penal servitude for a term not exceeding 20 years or imprisonment for a term not exceeding two years. The Bill provides for clarification of the section so as to put beyond doubt that it relates to lives and property outside as well as inside the State. Even though the application of this section is restricted by the difficulty of proving the existence of intent, I believe that clarifying the law in the manner proposed will have a salutary deterrent effect on any persons or groups who may contemplate using the territory of the State as a base for unlawful armed activities outside the jurisdiction.
To complete the picture, I think I ought to make a passing reference to the provisions of section 51 of the Finance Bill, which is currently before the House. That section provides for increased fees for registration of firearms dealers and forms part of the Government's proposals in relation to the safe-keeping of stocks of firearms and ammunition in the hands of dealers. In addition, the Garda have been instructed that increased care should be taken to ensure that firearms dealers at all times maintain adequate security measures in relation to the stocks carried by them.
In summary, therefore, this is a Bill to tighten up the existing statutory controls on firearms, with a view particularly to enabling the Garda Síochána to deal more effectively with the unauthorised possession of military type weapons. I believe that the measure is one that will have the general support of the community and I have no hesitation in commending it to the House.