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Garda Operations

Dáil Éireann Debate, Tuesday - 28 July 2020

Tuesday, 28 July 2020

Ceisteanna (804)

Patricia Ryan

Ceist:

804. Deputy Patricia Ryan asked the Minister for Justice and Equality if she will liaise with the Garda Commissioner on the guidelines on the Practical Application and Operation of the Firearms Acts 1925 to 2009; her views on issues raised by an organisation (details supplied) and if she will make a statement on the matter. [18742/20]

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Freagraí scríofa

Section 3A of the Firearms Act 1925, as amended, provides that the Garda Commissioner, with the consent of the Minister, may from time to time issue guidelines in relation to the practical application and operation of any provision of the Firearms Acts 1925 to 2009, or of any regulation made under any provision of those Acts.  The Commissioner may also issue Guidelines in relation to applications for firearm certificates and authorisations under this Act and to the conditions which may be attached to those certificates and authorisations.

I understand that the most recent version of the Commissioner's Guidelines, which represent a best practice document, was published in September 2018.  I further understand that the Commissioner has committed to further amending and updating these as appropriate, to take account of any legislative changes as well as in light of emerging case law in this area.

The Deputy refers to the question of authorisation to shoot on particular lands. The Deputy will appreciate that this is a matter for the Commissioner and not for me as Minister.

I understand that the statutory basis on which An Garda Síochána seek this written authority relates to the duty of Superintendents (as the granting authority for firearm certificates within his/her District), to be satisfied that an applicant complies with a number of conditions as set out in the Acts, including that the applicant has a 'good reason' for requiring the firearm and that he/she could be permitted to 'possess, use and carry the firearm and ammunition without danger to the public safety or security or the peace.'  I understand that the Garda authorities regard the lands on which a person has authority to shoot as relevant information required in relation to these and other considerations.

I understand that the relevant specialist unit of An Garda Síochána has previously indicated that it is prepared to liaise with stakeholders should they experience any difficulty in that regard.

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