Dáil debates

Wednesday, 28 June 2006

Criminal Justice Bill 2004: Report Stage (Resumed).

 

4:00 pm

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

Deputy O'Keeffe has tabled four amendments to the section. With regard to increasing from 14 to 16 years the age at which a training certificate could be granted, I came under sustained pressure from the shooting sport lobby, particularly those involved in competitive shooting, to provide that it should be lawful for young shooting enthusiasts to be able to use but not own a firearm at the age of 14 years. Competitions are held internationally for people of that age and it would be strange if Irish competitors could not practise in this jurisdiction and would have to travel abroad to practise for such competitions.

I stress the certificate will not allow the person to own a firearm. Under the law, as it stands, a person of 16 years is legally entitled to hold a full firearms certificate and own a firearm. Providing that a person may only be issued with a firearms training certification having attained 16 years of age would defeat the purpose of the training certificate, which is to train persons in the use of a firearm before they are legally entitled to hold one.

In so far as the Deputy's proposal to raise the age limit at which a person can engage in the instruction of a firearm from 18 to 21 years is concerned, many shooting clubs are attached to colleges where the membership age can be 18 years or under. My proposal to allow persons of 18 years to act as instructors will facilitate such clubs. For example, the Trinity College rifle club has members of that age. As I have said, the purpose of the training certificate is to facilitate the training of persons in the safe use of firearms by members of established clubs and under controlled circumstances. It does not permit those people to own a gun. The age at which persons may be trained in the safe use of firearms that I am proposing strikes the correct balance and ensures that a young person may be properly and safely trained before he or she is legally entitled to own a firearm. I oppose the amendment on these grounds.

Deputy Jim O'Keeffe's amendment No. 86 provides that the period of validity of the firearm training certificate be reduced from three to two years. All the licences and authorisations that can be granted under the Firearms Act are required to be renewed annually. This creates a significant administrative burden on the Garda Síochána. To reduce the administrative burden I propose that the period of validity of licences and authorisations be generally increased to three years. I am satisfied that the firearms training certificate should be similarly valid for three years.

Deputy Ó Snodaigh proposes six amendments to the section. The effect of his amendments Nos. 77 and 78 would be to allow the issue of a firearms training licence only in respect of pistols and rifles used for target shooting. It would prohibit the issue of a training certificate for shotguns and hunting rifles. The purpose of the training certificate is to allow young persons to be trained under strict supervision in the safe use of firearms before they are legally entitled to own and use a firearm. To restrict such training to rifles and pistols used for target practice defeats the purpose of the training certificate and I oppose those amendments.

Deputy Ó Snodaigh's amendments Nos. 81 and 87 are related. Their effect is to empower the Garda Commissioner to grant a licence to the organisers of international shooting events held in Ireland and to issue a firearms certificate to non-residents over 18 years of age who wish to participate in such events and a firearms training certificate to non-residents over the age of 14 who wish to compete in such events. Under section 2 of the Firearms Act 1925 a Garda superintendent has the power to authorise shooting events of the type suggested by the Deputy. In addition, under the Firearms (Firearm Certificates for Non-Residents) Act 2000, as it stands, a person of 16 years who is not ordinarily resident in the State may apply for a non-resident firearm certificate to the superintendent in the district in which he or she proposes to shoot. The application must be made within six weeks before arriving in the State and must be accompanied by a relevant fee, a European firearms pass or another duly issued licence or permit for persons travelling from outside the European Union. Regarding the issue of a firearms training certificate to non-residents over the age of 14 to allow them to participate in international shooting competitions staged in this country, the purpose of the training certificate is solely for training persons in the safe use of firearms and not for enabling persons under the age of 16 to participate in shooting competitions.

The Deputy's proposal to permit the Commissioner to grant licences for shooting competitions and issue firearms certificates to non-residents over the age of 16 are unnecessary as Garda superintendents already have that power. His proposal to allow non-residents over the age of 14 to obtain a firearm certificate and to participate in competitions in this country runs contrary to the purpose for which the certificates were being introduced.

Deputy Ó Snodaigh's amendment No. 83 provides that where a person under the age of 16 applies for a firearms training certificate he or she should be accompanied by a parent or guardian to the local Garda station when making the application. Section 30 of the Bill governs the manner and form of applications for all certificates under the Firearms Act and section 32 governs the conditions under which they can be issued. Under these sections the gardaí can require, if deemed necessary, the person to be accompanied by a parent or guardian and require the parent or guardian to provide proof of identity and his or her relationship to the applicant, and other information which they consider necessary for processing the application. Amendment No. 83 is, therefore, unnecessary.

Deputy Ó Snodaigh's amendment No. 85 is similar to Deputy Jim O'Keeffe's amendment No. 86, except that it provides that the period of validity of a firearm training certificate be reduced from three years to one year. As I said, I am extending the validity of licences generally to three years and I am satisfied that the firearms training certificate should similarly be valid for three years. The Government amendment No. 84 is a drafting amendment.

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