Dáil debates

Wednesday, 28 June 2006

Criminal Justice Bill 2004: Report Stage (Resumed).

 

5:00 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)

I thank the Minister for addressing the amendments. It is very helpful to hear his thought processes before I speak. The first amendment in my name is amendment No. 98 which proposes that the words "or a clay-pigeon shooting club" be inserted after "club". The Minister said it was not necessary because clay pigeons were shot only by shotguns. My advice is that is not the case. I am advised that clay pigeon shooting is a form of target shooting. There is a specialised weapon, it is an Olympic event and Ireland's Olympic clay pigeon shooting team holds, among many sporting awards, the world championship title of 2002. It holds several world cup bronze and gold medals, both individual and team, and an eighth place finish at the Olympics in Athens. I am also informed that the Irish Sports Council has this year awarded €150,000 to the Irish Clay Pigeon Shooting Association to further its efforts in the specialised sport of target shooting. In those circumstances they should be allowed to practise their craft.

I am pleased the Minister has decided that mental competence, as he delicately put it, should be decided by a doctor or psychiatrist, as opposed to a dentist or even a nurse. The section rewrites section 4 of the principal Act in its entirety but a couple of issues have been brought to my attention. Section 4(1) states that an issuing person shall not grant a firearms certificate unless he or she is satisfied that the applicant complies with the conditions referred to in subsection (2) and will continue to comply during the currency of the certificate. A person can prove he or she is sane but can they prove they will be sane for three years? That is an issue.

The Minister talked about competence in the context of my amendment No. 100 to insert "or a bona fide intention to acquire competence". How is competence determined? There is no hint in the Bill as it stands how anyone is to prove competence in the use of a firearm. How can it be guaranteed into the future? Competence, like mental capacity, must obtain for the duration of the licence.

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