Michael McDowell (Dublin South East, Progressive Democrats)

I move amendment No. 97:

In page 41, line 14, after "is" to insert "a rifle or pistol".

Amendments Nos. 97 to 103 to section 32 insert a new section 4 in the Firearms Act 1925. The new section specifies the conditions for the granting of a firearms certificate. There are seven amendments proposed to this section. Amendments Nos. 97 and 102 are in my name. The former is a drafting amendment that makes it clear that where the application for a firearm is for either a rifle or a pistol, the applicant is required to be the member of an authorised rifle or pistol club. Amendment No. 102 is also a drafting amendment to amend the definition of "health professional" to include a doctor or psychologist.

Deputy Howlin is proposing three amendments. Amendment No. 98 would require that every person wishing to engage in clay pigeon shooting would be a member of a clay pigeon club before being granted a firearms certificate. The difficulty is that clay pigeon shooting is done with a shotgun. Consequently, if the amendment as framed were to be accepted, it would be necessary in all cases when deciding whether to grant a licence for a shotgun to require each applicant to be a member of a clay pigeon club. I know such is not the Deputy's intention. My amendment on the requirement to be a member of an authorised club applies strictly to pistols and rifles and probably renders the clarity the Deputy is trying to achieve. It is not necessary to require that shotgun owners be members of clubs.

The Deputy's amendment No. 100 proposes to amend the requirement that a person should provide proof of competence by adding the phrase "or a bone fide intention to acquire competence" and his amendment No. 101 proposes that the competency requirement should not be restricted to the firearm in respect of which the applicant is seeking a certificate.

I am providing at section 28 of the Bill that any person over the age of 14 years can be given a firearms training certificate for the purpose of being trained in the use of firearms. If a person has no competence in the use of firearms, he or she should apply for a firearms training certificate and be trained in the safe use of firearms before seeking a firearms certificate. In this way, he or she can acquire the necessary expertise to enable him or her to meet the competency requirements for a firearms certificate in respect of the specific firearm for which he or she wishes to obtain a certificate. As such, I am not disposed to accept the Deputy's amendments.

In amendment No. 99, Deputy Jim O'Keeffe proposes the insertion of two new conditions with which a Garda Commissioner or superintendent must be satisfied before deciding to grant a firearms certificate, namely, that the applicant is of sound mental and psychiatric health and has sufficient capacity to possess and operate a firearm responsibly and safely. The effect of the amendment as drafted would be to require the Minister or the superintendent to make a judgment as to the mental and psychiatric capacity of an applicant. Strictly speaking, neither person is qualified to make such an assessment, but in my proposed new section at subsection (3), the applicant, on the request of the Commissioner or superintendent, must provide written consent for any inquiry into his or her medical history, which may be made by a doctor or a psychiatrist. On the basis of this expert assessment, a commissioner or superintendent may decide whether to grant a firearms certificate. This is obviously a sensitive matter. If someone is a bit dodgy in terms of mental stability——

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