asked the Minister for Justice if he will state whether a superintendent of the Garda Síochána revoked a firearm certificate in respect of a shotgun in 1950 and subsequently granted a certificate to the same man, who was later convicted at the Central Criminal Court of manslaughter by shooting; and if the Minister will state the reasons for the withdrawal and restoration of the certificate, and whether disciplinary proceedings were taken against the Garda officer responsible for the restoration of the gun which resulted in an unfortunate loss of life.
Ceisteanna—Questions. Oral Answers. - Firearm Certificate.
In the case referred to, the holder of the firearm certificate complained to the Garda in December, 1949, that his son had seized the gun and threatened to shoot him. On investigation of this complaint, the superintendent learned that both father and son were of intemperate habits and frequently quarrelled, and that they were both believed to be mentally unstable. On 4th February, 1950, he revoked the firearm certificate under Section 5 of the Firearms Act, 1925, on the ground that the holder could not, without danger to the public safety or to the peace, be permitted to have a firearm in his possession.
Subsequently, representations were made to the Minister that the domestic trouble between the holder of the firearm certificate and his son was of a temporary nature only and that friendly relations had been restored. It was further represented that the son was an N.C.O. in the F.C.A. who had been selected to do a course for commissioned rank and that F.C.A. rifles had on a number of occasions been stored in the house of the certificate holder.
On 4th October, 1950, the substance of these representations was communicated to the Commissioner of the Garda Síochána, who was informed that the Minister would be glad if the superintendent would reconsider his decision in revoking the certificate. Following receipt of this communication, the commissioner's office sent a direction to the superintendent that, in view of the views of the Minister on the matter, a firearm certificate should be issued. This was done on 18th October, 1950.
Do I understand from the Minister's reply that this certificate was restored, not by an officer of the Garda Síochána, but as a result of a direction from the Minister's predecessor?
Mr. Boland
The Minister's predecessor was not entitled by law to give that direction. All he could do was what was done in this matter, make representations to the commissioner and, as I have said in the reply, the commissioner said to the superintendent that he should restore the licence in view of the representations made by the Minister. The Minister had no power under the Act.
Question No. 51.
Still further arising——
Next question.
If I am permitted——
Question No. 51.
Deputies
Chair.
It is no wonder Deputies opposite are ashamed.
Can the Taoiseach not control his puppy dogs?
Get one of the mousetraps.
I want to put a further supplementary question.
I called Question No. 51.
If you are disallowing my supplementary question, I am forced, in order to get the information I require, to raise this matter on the Adjournment.
That will be considered with the other questions.