Dáil Éireann Debate, Friday - 16 September 2016
79. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality her views on a matter (details supplied) regarding a new EU deactivation regulation on firearms; and if she will make a statement on the matter. [24997/16]
View answerOn 18 November 2015, the European Commission proposed a revision of the Firearms Directive (Directive 91/477/EEC as amended by Directive 2008/51/EC). This proposal was based on the conclusions of studies the European Commission conducted evaluating all provisions of the Firearms Directive and their implementation in EU countries. The reports highlight a number of weaknesses and loopholes in the current legislation which the Commission's proposal aims to address.
The Firearms Directive allows the Commission to adopt standards and rules on the deactivation of firearms. The Commission Implementing Regulation (EU) 2015/2403 of 15 December 2015 (Deactivation Regulation) establishes common guidelines on deactivation within the EU with the objective to address problems due to the illegal reactivation of firearms by using pieces of other deactivated arms, home-made pieces or pieces acquired via the Internet.
The Commission Implementing Regulation has been developed in discussion with EU country experts and is based on technical specifications for deactivation developed by the Permanent International Commission for the Proof of Small Arms (the CIP). This Regulation sets out common and strict minimum criteria for the way EU countries must deactivate weapons so that they are rendered irreversibly inoperable. This Regulation came into effect on 8 April 2016 and has direct application within this jurisdiction. It permits both firearms owners and registered firearms dealers to carry out the work required to render the firearm irreversibly deactivated in accordance with the regulation. The firearm must then be submitted to any one of the current 46 national competent authorities within the EU for verification and certification.
Ireland has not appointed a Competent Authority to verify the deactivation of firearms in accordance with this Regulation because there is no significant firearms manufacturing industry in this country and no formal training for a gunsmith is recognised by the State. However, the Department of Justice and Equality has received statements of interest from five interested parties who wish to be assessed to be appointed as a Competent Authority for the verification of the deactivation of firearms under the regulation. The applicants are preparing formal applications at present and these shall be assessed upon receipt. In the meantime, the Birmingham Proof House has been approved by UK authorities to verify the deactivation of firearms in accordance with the Regulation and they have indicated their willingness to undertake such verification work for Irish customers.
The possession of any firearm, even after deactivation, will continue to require authorisation by An Garda Síochána.
