Dáil Éireann Debate, Thursday - 29 March 2018
201. Deputy Brendan Smith asked the Minister for Justice and Equality the reason there was no consultation with a representative organisation (details supplied) prior to the signing of a statutory instrument; and if he will make a statement on the matter. [14760/18]
Amharc ar fhreagraI wish to advise the Deputy that Statutory Instrument 646 of 2017, entitled Firearms (Storage of Firearms and Ammunition by Firearms Dealers) Regulations 2017, was signed into law by me and circulated to firearms dealers.
These Regulations give effect to minimum standards for the safe and secure storage of firearms and ammunition in the premises of firearms dealers. They recognise that firearms dealers are entitled to be in possession of large quantities of firearms but require them to conduct business from a premises that has been constructed to a high standard. The Regulations also recognise the different categories of firearms dealers and scales the requirements depending on the quantities of ammunition and firearms being stored. For example, a time lock requirement does not apply to those dealers who deal only in small quantities of ammunition.
This Statutory Instrument derives from the powers conferred under Sections 9(10) and (11) of the Firearms Act 1925, which were inserted by Section 38 of the Criminal Justice Act 2006. Section 9(10) provides “The Minister, after consultation with the Commissioner, may by regulations specify minimum standards to be complied with in relation to premises in which a firearms dealer carries on a business or proposes to do so”.
Section 9(11) provides “The minimum standards shall be determined by reference to
(a) the security of the premises
(b) their safety, and
(c) their standard of construction,
and having regard to their use for, as the case may be, the manufacture, repair, testing, proving or sale of firearms or ammunition”.
These provisions were passed by the Oireachtas on 5 July 2006 and signed into law by the President on 16 July 2006 and commenced on 1 January 2008.
The Regulations were developed following consultation with a sub-group of the Firearms Consultative Panel (FCP) consisting of registered firearms dealers. It was agreed by the FCP when this sub group was being established that the firearms dealers on the Panel at the time should sit on the sub-group for the purpose of examining this particular issue. Firearms dealers’ premises were visited in fourteen counties prior to and during the drafting of this legislation. The dealers who sat on the sub-group are knowledgeable of the security that they and their colleagues utilise. Additionally, An Garda Siochána who were represented on the group have extensive experience with regard to security measures available in the industry and particularly in firearms dealers’ premises.
The FCP is a consultative group and it was never the intention that the legislation would be dependent on the FCP’s support. I should add that I am currently reviewing the future structure and membership of the FCP and submissions have been invited from the relevant interest groups.
The Commissioner of An Garda Síochána has endorsed the security measures contained in this Regulation and has advised that the inclusion of a requirement for a time-lock on the strong room door will deter criminal activity and require the use of greater resources by any person attempting to access firearms or ammunition illegally. Similar security measures have been applied successfully elsewhere, e.g. in banks, pharmacies and the jewellery sector.
In order to minimise the financial impact, a lead-in time of twelve months (to 1 February 2019) for compliance has been included in the Regulation in order to permit dealers sufficient time to comply with the legislation.
I wish to advise the Deputy that I have no plans to amend these regulations which have been introduced as a public safety measure.
