Dáil debates

Wednesday, 28 June 2006

Criminal Justice Bill 2004: Report Stage (Resumed).

 

8:00 pm

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

I sympathise with the view that matters should be dealt with expeditiously but the courts have other things to do. It is not usual to put into a provision in respect of a court's exercise of its jurisdiction that it will act at the earliest opportunity available, or words to that effect.

Amendments Nos. 122 and 123 are in my name. Section 30 as it stands provides that any person issuing a firearms certificate shall do so within three months. The section, however, does not provide for circumstances where the issuing person is unable or failed to issue the certificate within the prescribed period.

Amendment No. 122 provides that where a certificate does not issue within the prescribed period it will be deemed to have been refused so that the applicant can go to the District Court. If, for example, the superintendent had flu for the last week, the person who applied for the firearms certificate will not find himself or herself in the situation of having nothing against which to appeal. The licence will be deemed to have been refused and he or she will be able to go to the District Court to apply for the licence there.

Amendment No. 123 is a technical amendment.

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