Ms Marion Walsh:

I thank the committee. The report we are discussing today was prepared in light of public safety concerns highlighted by An Garda Síochána and difficulties in the interpretation of the legislation expressed by members of the Judiciary. The report was published on 13 November and submissions on the report have been sought from stakeholders and the public. The deadline for receipt of submissions is 31 January 2015, having been extended from the initial deadline of 15 December 2014.

The consultation process gives individuals and groups an opportunity to contribute to the development of firearms policy and legislation and will enable consideration to be given to the future direction of such legislation. The Minister has already given a commitment that she will not make any final decisions until she has had the opportunity to consider all the submissions which are made and has met the key stakeholders, including the organisations that represent those who use firearms for sporting purposes. We are asking all concerned to engage with this process so that their views can be considered before final decisions are made on this matter.

Firearms ownership is an issue that affects individuals, communities and society. There are differing and genuinely held views on the approach that legislation should take to firearms ownership. It is only right, therefore, that stakeholders and other groups who have an interest in this area are given the opportunity to express their views and opinions on this important issue. A central theme of what the report proposes is that the State should take a view as to whether specific categories of firearms pose risks to the extent that their ownership by individuals should not be considered. This has to be seen against the background that An Garda Síochána is largely an unarmed police force.

In this context, and on the recommendation of the Garda Commissioner, the report proposes to prohibit the licensing of the following: centre-fire handguns; rim fire .22 calibre handguns not on a white list of handguns, which will be handguns designed for use in Olympic competitions; centre-fire semi-automatic rifles; and shotguns capable of holding more than three rounds. Firearms not affected by proposals are: shotguns holding not more than three rounds; rim fire rifles; centre-fire rifles that are not semi automatic, such as hunting-style rifles for example; air rifles and air pistols; and Olympic-style handguns to be listed on a white list of licensable .22 calibre handguns.

The report recommends other amendments to the Firearms Acts. These include: expanded grounds for disentitlement to hold a firearm certificate; a new ground to revoke a firearm certificate issued in error; additional grounds for District Court appeals to avoid judicial reviews on minor matters; and provisions to allow Ireland to ratify the United Nations firearms protocol. An amendment to the Explosives Act which allows for the reloading of ammunition in specific circumstances is recommended, as are repeals to the 2009 Criminal Justice (Miscellaneous Provisions) Act which have been overtaken by other legislation.

Regarding the main prohibition proposals, the report provides details on firearms which have been stolen from licence holders. Those guns, by definition, are immediately in criminal hands. However, it is not only the possibility of licensed firearms falling into the hands of criminals which concerns An Garda Síochána. There are other issues involved and, in particular, the concerns of An Garda Síochána are also based in part on a forward-looking assessment of the dangers of an atrocity being carried out with weapons primarily designed to kill human beings, as has unfortunately happened with increasing frequency in other jurisdictions.

Furthermore, members of the Judiciary have stated during appeal hearings that whether these types of firearms should be licensable is a matter for the Legislature. As the report notes, one judge commented that it was open to the Legislature to ban these weapons, but in the absence of that he was allowing all the appeals. It is in order to address this situation, as well as to address the concerns about public safety and security, that the proposals in the report were brought forward.