Dáil Éireann Debate, Thursday - 8 September 2022
1384. Deputy Michael Healy-Rae asked the Minister for Justice if an issue in relation to proofing houses in Ireland for deactivated firearms (details supplied) will be examined; and if she will make a statement on the matter. [42396/22]
Amharc ar fhreagraFirearms proofing is a safety matter in relation to the production and use of a firearm, and is normally carried out at the point of manufacture.
Establishing a proof house in Ireland is a matter ultimately for the Minister for Enterprise, Trade and Employment under the Firearms (Proofing) Act 1968.
Many European Union countries, including Ireland, do not have any domestic firearms production and, in the absence of sector specific EU legislation on the product safety of firearms, the product and consumer safety issues relating to firearms fall under the General Product Safety Directive (GPSD) 2001/95/EC of the European Commission.
Responsibility for the implementation of this Directive (including related market surveillance and enforcement issues) rests with the Department of Enterprise, Trade and Employment.
In relation to deactivation of firearms, as referenced in the details supplied, a new EU Deactivation Regulation came into force in 2016. It introduced new EU-wide standards for deactivated firearms to ensure that such firearms cannot be reactivated. This Regulation also introduced an EU Deactivation Certificate and a new EU deactivation mark. A new set of requirements applies to firearms deactivated from 8 April 2016 onwards. The Regulation was subsequently amended by Commission Implementing Regulation (EU) 2018/337 which came into effect on 20 June 2018 and which provides for revised technical specifications.
An EU Deactivation Certificate can only be issued by an entity that has been approved as a deactivation verifier by an EU Member State; these verifying entities may be a State body or a specified proof house. As provided by S.I. No. 283/2020 – European Union (Designation of Verifying Entities for Deactivation of Firearms) Regulations 2020 – the Garda Commissioner has been designated as the verifying entity for firearms, other than those possessed by the Defence Forces, in Ireland. However, it is understood that some implementing arrangements still require to be finalised by An Garda Síochána in this regard. Persons wishing to obtain an EU Deactivation Certificate can therefore continue to make use of approved verifiers in other Member States. A list of verifying entities is available on the Department of Justice website at the following address: www.justice.ie/en/JELR/Pages/FAQ#:~:text=The%20only%20acceptable%20proof%20that,yet%20approved%20such%20an%20entity. It should be noted that certificates from the United Kingdom are only acceptable if they were issued before the end of the transition period on 31 December 2020.
