I compliment the Minister on his efficiency in introducing this legislation following the High Court case last month. The granting of licences and firearms certificates ceased with effect from the date of the court judgment. In making his judgment the High Court judge made a number of important points, especially his finding that the statutory obligation under the Firearms Act, 1925, relevant to the granting of a firearms certificate to non-residents, imposed certain requirements on the Minister.
The Firearms Act, 1925, requires the Minister for Justice, Equality and Law Reform to be satisfied that non-residents seeking firearms certificates do not constitute a danger to public safety or the peace and that such persons are not persons to be declared disentitled. Those capable of being disentitled include people under the age of 16 years, a person of intemperate habits, a person of unsound mind, a person sentenced by the Irish courts in certain circumstances and a person subject to the supervision of the police or bound to the peace in certain circumstances. The court found that these obligations could be described as onerous and, in certain instances, difficult if not impossible to comply with.
The Bill provides that the Garda authorities undertake checks of non-residents convicted of crimes. It also provides that evidence of permission to shoot on land within the State be produced. Broad and significant implications arise from the judgment, not only for overseas visitors but also with regard to the issue of firearms certificates generally.
Key policy considerations need to be addressed in any proposal for change to ensure that firearms and their use remain under strict control. Given this, the Minister proposes the immediate establishment of a review group comprising representatives of key agencies in this area with a view to a comprehensive analysis of what is required and how it is to be achieved. The group is to be asked, as a matter of urgency, to produce proposals having taken account of the sectoral interests involved. The Minister is correct to allow for the inclusions of all such interests. As a member of the National Association of Regional Game Councils, I believe it is very important that it be part of the review. Detailed consideration of an area as complex and sensitive as firearms control will take much time before it bears fruit.
We are all aware of the tourism business. If this aspect of it were lost to the country in the immediate future, which would happen if the Minister had not moved so swiftly, it would be lost for a long time. Given that we have spent so long trying to get tourists to visit the country, every effort must be made to facilitate those who booked shooting holidays. Not all of them shoot wild birds. Senator Dan Kiely mentioned the significant numbers who travel here for clay pigeon shooting. The money they bring in must be recognised. They constitute a very important part of the tourism industry.
I noted the comments made by Deputies in the other House. It is clear they do not live in areas that need tourists who shoot. By contrast, my area suffers greatly from flooding by the River Shannon. There are significant numbers of game birds in the winter and the farmers and clubs welcome those tourists who shoot the game and wild birds. It is a very important activity for areas such as mine which may be described as disadvantaged.
The Minister said this is an interim measure to allow hunting licences and firearm certificates to be issued to non-residents pending the consideration of a more comprehensive proposal from the review group. The Bill provides that the legislation shall expire after 12 months, although it could be reviewed again. However, it is important that an expiry date is provided because, even if it is extended, it will concentrate minds on the development of more comprehensive legislation.
It has been suggested that the legislation will effectively allow non-residents to bring firearms into the country with virtually no checks. That is not the case because check and balances are in place to prevent it. However, we may have to ensure that those who bring people on shoots have a training in wildlife, including a knowledge of the different species. For example, it could be provided that they must be approved locally or vetted by the local gardaí. It is important to ensure that those accompanying shooters are trained, are aware of the legislation and of the areas in which shooting can take place. I welcome the fact that this legislation will only last for 12 months. I hope every effort will be made to ensure the new legislation will be in place by then.
The views of the National Regional Game Council must be taken into consideration here. It is does excellent work. When I started shooting in the 1960s there was a grant for the releasing of pheasant polls, partridge and grouse. We should make funding available to gun clubs to ensure they can increase the numbers of pheasant, partridge and mallard.
I thoroughly disagree with the statement that there are people who wait for birds to stand or alight before they shoot them. I have shot all my life and I have never seen anyone fire at a bird when it pitched on the water. Some people will come with two or three guns — that is the difference. Much has been made of the Minister saying that he granted firearms licences and another Minister granted hunting licences. I can see the discrepancy when some people bring more than one gun when coming on a clay pigeon shoot.
I welcome this legislation. If we can work together and get funding for gun clubs we can increase the number of tourists going to areas where their money is needed.