Niall Collins
Ceist:4. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide an update on the review of legislation for gun licensing; and if she will make a statement on the matter. [1489/15]
Amharc ar fhreagraThursday, 15 January 2015
Ceisteanna (4)
Freagraí ó Béal (14 píosaí cainte)
Those in every parish and community who engage in lawful leisure activities which involve the use of legally held and licensed firearms are concerned there will be further restrictions placed on them in obtaining licences and permits to hold such firearms. I also tabled the question because the representative associations involved are hotly disputing the basis of the recommendations.
Following public safety concerns raised by An Garda Síochána about specific categories of firearms, a joint Department and Garda Síochána working group was established to examine this issue in October 2013. Its report was published on 13 November.
The report outlined the views expressed by An Garda Síochána that centre-fire handguns are primarily designed to kill human beings. Accordingly, they pose an unacceptable risk to society and should no longer be licensed in this jurisdiction. There are similar concerns about non-Olympic type .22 calibre handguns, centre-fire semi-automatic rifles and shotguns capable of holding more than three rounds. Many of these types of firearms have been used either in murders, attempted murders or gangland shootings in this jurisdiction, as well as in mass shootings in other jurisdictions. On this basis, the working group recommended the prohibition of these firearms.
These make up a very small proportion of all licensed firearms, however. It is important to note a wide range of firearms, making up at least 94% of all currently licensed firearms, will not be affected by the proposed change. Again, I must emphasise this is a report and no decision has been taken on its recommendations yet. The firearms not affected include shotguns holding not more than three rounds, hunting style rifles, Olympic standard handguns etc. This point will be of particular reassurance to many of those in agriculture and rural communities, as well as hunting and sporting interests.
The report also referred to difficulties in the interpretation of the legislation expressed by members of the Judiciary.
With respect to the report's recommendations on proposed changes and restrictions, I have not reached any final conclusions. I repeat my commitment that I will not make any final decisions until I have had the opportunity to consider all the submissions made and met the key stakeholders, including the organisations that represent those who use firearms for sporting purposes.
The Committee on Justice, Defence and Equality sought submissions on the report and will hold hearings on this. The deadline for receipt of submissions by my Department is 31 January 2015. I extended this when I was contacted by the stakeholders who expressed concerns about the report's recommendations. No decision has yet been made and a consultation process is under way.
My party supports the review of the legislation and believes updated legislation will lead to safer communities. We also believe the stakeholders who legally use these firearms need to be consulted properly, however. I welcome that the Minister stated this would happen in her reply. The review must distinguish between those who hold firearms legally and those who engage in criminality. That is an issue which the representative associations have raised.
We heard from the Garda Inspectorate yesterday on the PULSE system. The representative associations dispute the statistical information, or the lack of it, underlying the basis on which the recommendations flow. In a reply to several parliamentary questions, the Minister stated to me that An Garda Síochána advises it is not possible to identify accurately from a central database such as PULSE the number of occasions an unlicensed or licensed firearm was used in the committing of a crime. The reply also stated-----
Sorry, Deputy, but we are over time.
Okay, I am finishing.
The reply also stated it was not possible to extrapolate from PULSE the number of refusals which were appealed to the courts or the number of applications which were successful in the courts.
Sorry, Deputy, but we are over time. I will let you back in again. If Members go over time, it prevents others from reaching their questions. We must stick to the time.
I made the point that there will be full consultation. I have no doubt the justice committee, of which Deputy Niall Collins is a member and Deputy David Stanton is the Chairman, will do excellent work in getting to the bottom of these statistics and examining them in detail.
While it is a different issue, I have set up a working group to look at technology and An Garda Síochána. The Government has committed to upgrading the PULSE technology and I accept what the Garda Inspectorate said about it yesterday. The working group has already had several meetings to deal with the technological needs of An Garda Síochána which were clearly identified in the Garda Inspectorate report.
Up to 1,363 firearms applications were refused by An Garda Síochána between 2009 and 2014. The court hears the evidence upon which it makes a decision. The Deputy will have heard the figures for the number of cases where a refusal has been overturned by the courts. There will be full consultation on this.
Thank you, Minister. We are over time.
This is an issue of concern to the wider population as well.
I recognise that concern. However, it is also a concern for those who legally hold and use the firearms in question for recreational and sporting purposes.
It is a fact that there is no record of any member of the Judiciary expressing difficulty in interpreting the legislation in question. That needs to be cleared up as it has been left hanging out there. I do not know who came up with that notion.
Is the Minister satisfied the information underpinning the report is accurate and correct, given the reply I received from the Minister this morning on foot of a written parliamentary question? Will she consider allowing the Garda Inspectorate to engage in a review and to make recommendations on the process and system of firearm licensing?
It would be premature to suggest that. A process has been set up and we have a report which will be examined by the justice committee. The Deputy will have the opportunity to make those points at the committee.
I welcome the Deputy’s support for the review. One of my predecessors in office, Dermot Ahern, stated in 2009 during the debate when the licensing system was last amended that he was determined to ensure a gun culture would not be allowed to form in this State. He also said he would, in consultation with the Garda Commissioner, keep the situation on firearms licensing under review in the interests of public safety. Obviously, I want the best outcome possible in the interests of public safety but also very much in the interests of those representative groups for shooting clubs and shooting sportsmen.
As I stated, 94% of licensed firearms are not included in the report’s recommendations. We are looking at the other 6% about which there are different views. An Garda Síochána has made presentations to the committee on this. The statistics the Garda used can be questioned, if the Deputy has concerns about the quality of research in the report. No decision has been taken yet. I want to ensure this gets a thorough airing.
We are over time.
However, I do not want representative groups to assume decisions have been made before they have been made.
I appeal again to Deputies and Ministers to watch the clocks, which are here for a reason. Otherwise, they will be unfair to other backbench Deputies whose questions will not be reached.