Brendan Howlin (Wexford, Labour)

The Minister started by half-agreeing with this proposal, but he then argued himself into opposing it. Nobody has suggested there should be a default mechanism whereby firearms licences are issued. I am saying there should be a standard. We should ensure that under the regime we establish — we are putting in place a set of law here — the citizens of Ireland can apply for such licences, regardless of whether it is a right. As long as citizens meet the criteria which are set by the Oireachtas, they have an entitlement. The problem is that everyone should be treated equally. I do not accept the notion, which the Minister seems to think is hunky-dory, that when our system breaks down, citizens should have to carry the burden. I do not think it is right, fair or in tune with modern thinking. It is in tune with the old-fashioned thinking, which I notice again and again in justice legislation, that citizens should have to go the extra mile and push the rock a bit further up, whereas the agencies of the State should not be required to deal with the citizenry properly, fairly, efficiently, effectively and in a 21st century way. That is the issue I am raising.

If the system we put in place fails, for whatever reason, citizens should not be penalised. They should have the right to go to somebody else, or there should be an automatic transfer or some other mechanism. It should not end in refusal. There should be a delay mechanism, or some other authorised officer should be required to make a decision within four weeks. There should be some other mechanism. It should not end in refusal — that carries a stigma because people think they have been refused for a reason. If one has to appeal, one is challenging a process in which one was not given a hearing in the first instance. Any decision to refuse is taken without one's side of the case having been heard or one's evidence having been weighed up. It is just a wrong supposition — that is my case in this regard.

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