Dáil Éireann Debate, Tuesday - 24 April 2007
172 Mr. Quinn asked the Tánaiste and Minister for Justice, Equality and Law Reform the reason the firearms licence fee has gone up by 50% even though the three-year licence means that less Garda man-hours are needed to administer it compared with the previous system. [14778/07]
View answer173 Mr. Quinn asked the Tánaiste and Minister for Justice, Equality and Law Reform if, in view of the fact that the proposed list of restricted firearms contains Olympic pistols, an association (details supplied) and other relevant sporting bodies will be given an opportunity to have input into the second draft of the Statutory Instrument; and if he will make a statement on the matter. [14779/07]
View answer174 Mr. Quinn asked the Tánaiste and Minister for Justice, Equality and Law Reform when he will be commencing the remainder of the Firearms Act 2006, in view of the fact that the Criminal Justice Bill 2007 is already amending it before it has been fully commenced. [14780/07]
View answer175 Mr. Quinn asked the Tánaiste and Minister for Justice, Equality and Law Reform when the Garda Commissioner’s guidelines for superintendents with relation to the Firearms Act 2006 will be published. [14781/07]
View answer176 Mr. Quinn asked the Tánaiste and Minister for Justice, Equality and Law Reform when the firearms range inspector will be appointed by the Minister. [14782/07]
View answer177 Mr. Quinn asked the Tánaiste and Minister for Justice, Equality and Law Reform the reason several firearms ranges have already had to spend tens of thousands of euro on upgrades to comply with Garda demands for range certification in view of the fact that the relevant legislation has not been commenced and that the range inspector not been appointed. [14783/07]
View answer178 Mr. Quinn asked the Tánaiste and Minister for Justice, Equality and Law Reform when the official regulations to which firing ranges must conform will be published. [14784/07]
View answer179 Mr. Quinn asked the Tánaiste and Minister for Justice, Equality and Law Reform if he will give assurances that target shooters wishing to compete in international competitions who find their sporting equipment listed on the restricted list will not find themselves required to comply with draconian and onerous demands to obtain firearms certificates. [14785/07]
View answer180 Mr. Quinn asked the Tánaiste and Minister for Justice, Equality and Law Reform the reason shotgun licences cost €115 for a three-year period with each subsequent shotgun on the licence costing €30 but an air rifle licence costs €170 and can only have one air rifle on it. [14786/07]
View answer181 Mr. Quinn asked the Tánaiste and Minister for Justice, Equality and Law Reform the reason in view of the obvious benefit to tourism that the 2012 Olympics represent, the firearms licence costs for foreign visitors have been increased to €57; and the reason no free visitors’ permit mechanism has been created to encourage the tourism that competitive target shooting represents. [14787/07]
View answer182 Mr. Quinn asked the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to strong concerns expressed by an association (details supplied) regarding recent changes to firearms legislation and licensing systems; if he will meet the association; and if he will make a statement on the matter. [14788/07]
View answer188 Mr. Durkan asked the Tánaiste and Minister for Justice, Equality and Law Reform if he has received correspondence in relation to licence fees; his plans to address this issue in early course; and if he will make a statement on the matter. [14823/07]
View answer194 Mr. Ferris asked the Tánaiste and Minister for Justice, Equality and Law Reform the reason it was necessary to increase the fees for firearms licences and training licenses by so much; and his views on whether this constitutes an exorbitant and unfair expense on tens of thousands of people who participate in gun sports here. [14866/07]
View answer203 Mr. Quinn asked the Tánaiste and Minister for Justice, Equality and Law Reform the number of firearms licences currently in place for each category of shotguns, rifles, pistols and other firearms; the number of firearms licences currently in place in each county; and if he will make a statement on the matter. [14943/07]
View answerI propose to take Questions Nos. 172 to 182, inclusive, 188, 194 and 203 together.
The Criminal Justice Act 2006 was signed into law by the President on the 16th July 2006. All sections of that Act relating to firearms have been commenced other than the following sections: 28 (Firearms training certificate); 30 (Application for, and form and effect of firearm certificates); 32 (Conditions of grant of firearms certificate); 33 (Authorisation of rifle or pistol clubs or shooting ranges); 38 (Registered Firearms Dealers); and 40 (Reloading of ammunition).
A Project Board, Chaired by an Assistant Commissioner of An Garda Síochána comprising members of my Department and An Garda Síochána is actively addressing the issues which need to be put in place before these sections can be commenced, including significant changes to the Garda PULSE computer system.
Officials of my Department met recently with two of the Shooting Organisations to discuss a number of issues relating to the new licensing regime. I am anxious that the programme of change which is being undertaken proceeds smoothly and has legitimate regard to all the interests involved, not least the public interest. It is in that context that I am considering the establishment of a consultative panel to bring the relevant stakeholders together on a structured basis.
The licensing of firearms and registration of Firearms Dealers is governed by the Firearms Acts 1925-2006. The Criminal Justice Act 2006 substantially amended the existing legislation to provide for a new firearms licensing regime. The present frequency of licensing of firearms and the registration of Firearms Dealers on an annual basis is changing to a three yearly basis — primarily to free up Garda time and resources. The new scheme, however, will not take effect until 2008, so the licensing process will go ahead on the usual annual basis this summer under the old fee structure.
In relation to the increase in charges, the Department of Finance and Revenue Commissioners advised me that, since the last time the fees were changed in 1992 there had been a 51% increase in the Consumer Price Index. The new fee structure reflects this increase as well as a tripling of the annual rate to reflect the new three year term.
It was not intended that the increase should cause undue hardship or difficulties for those who have to obtain licences. I am in receipt of correspondence regarding the fees from various members of the shooting community and as it will be some time before the new fees arise there will be time to consider the legitimate concerns that have been expressed.
Under Section 29 of the Criminal Justice Act, 2006 I may, by statutory instrument and in the interests of public safety and security, declare specific firearms and ammunition as "restricted", by reference to their category, calibre, working mechanism, muzzle energy and description. It should be noted that where a firearm is deemed "restricted" it does not mean that the possession or sale of such firearms is prohibited.
Where a person wishes to possess such a firearm they will be required to make an application to the Garda Commissioner for the grant of a firearms certificate and satisfy the Commissioner that they comply with the conditions set out in Section 4 of the Firearms Act, 1925, as amended by the 2006 Act. In addition firearms dealers will be required to seek an authorisation from me for the importation for sale of such firearms.
My Department has consulted with An Garda Síochána, organisations representing different shooting interest groups and firearms dealers representatives regarding the drafting of this statutory instrument. I am satisfied that the final version which will be published, within the near future, will represent a reasonable balance between allowing people go about their business or interests lawfully while at the same time having due regard to public safety and security.
The Commissioner in consultation with my Department has prepared draft guidelines on firearms licensing. The draft is currently being finalised and it is my intention that it will be circulated when ready.
The Firearms Act 1925, as amended, provides that gun clubs and ranges may be authorised by a Garda Superintendent. However, a Superintendent shall not grant such an authorisation unless he is satisfied that the possession, use or carriage of firearms in pursuance of such authorisation will not endanger public safety or the peace. In so far as the grant of an authorisation for a gun club or range is concerned the courts have ruled that the Superintendent is persona designata in relation to such decisions and cannot be fettered in any way.
In addition, under Section 4 of the Firearms Act 1925, a Superintendent before granting a firearms certificate shall be satisfied that such person can be permitted to have in his possession, use and carry a firearm or ammunition without danger to the public safety or to the peace.
We are in transition phase, however, and Section 33 of the Criminal Justice Act 2006, when commenced will provide that the owner or operator of a rifle/pistol club or range shall be required to apply to the Commissioner of An Garda Síochána for an authorisation. Such ranges and clubs shall be required to meet minimum standards as set down by me, by way of Statutory Instrument. In the case of a range authorisation, the application must be accompanied by a range certificate as issued by the Firearms Range Inspector.
Proposals are being finalised at present in my Department in relation to the Range Inspection function.
On statistics, I am informed by the Commissioner of An Garda Síochána that the there are currently 220,715 firearms licences in the State, including 49,218 rifle, 170,156 shotgun, 1,228 handgun and 113 other various firearms licences. I am informed by the Commissioner that providing a breakdown of firearms licences by county could not be achieved without a disproportionate use of time and resources. The following table sets out firearms licences by Garda divisions.
|
Garda Division |
Total No. of firearms licensed |
|
Mayo |
10,613 |
|
Clare |
7,895 |
|
Kerry |
8,948 |
|
Donegal |
11,288 |
|
Limerick |
8,759 |
|
Cork City |
3,739 |
|
Cork West |
10,260 |
|
Cork Nth |
8,579 |
|
Tipperary |
14,347 |
|
Galway West |
8,911 |
|
Louth/Meath |
17,362 |
|
Laois/Offaly |
13,030 |
|
Sligo/Leitrim |
6,802 |
|
Carlow/Kilkenny |
15,865 |
|
Cavan/Monaghan |
14,379 |
|
DMR Eastern |
4,157 |
|
DMR West |
3,821 |
|
DMR Nth |
3,617 |
|
DMR Nth Central |
223 |
|
DMR South |
2,675 |
|
DMR Sth Central |
511 |
|
Wexford/Wicklow |
17,815 |
|
Longford/Westmeath |
11,478 |
|
Roscommon/Galway |
11,052 |
|
Waterford/Kilkenny |
11,644 |
