Martin Mansergh (Tipperary South, Fianna Fail)

I gladly support legislation that seeks to limit gun and knife crime, which can lead to appalling tragedies, sometimes with attacks on targeted victims, other times on randomly chosen ones. While most guns used in crimes are illegally obtained, a gun should only be legally obtainable in restricted circumstances for a clear and justified purpose instead of being permitted to any citizen in good standing who would like one. As the Minister implied, we do not want to see the "right to bear arms" culture that obtains in the United States of America, the needless opportunities created for high school shoot-outs, which have occurred in several countries but which we have so far been mercifully spared, and domestic tragedies, of which we have recently seen a few.

I appreciate that there are legitimate sporting uses in connection with country activities. I welcome the Minister's statement on consultation with the relevant bodies in this regard. A ban on handguns with limited exceptions will be reintroduced, that is, the possession of a handgun in all normal circumstances will be illegal. I note that this measure has the endorsement of the chief inspector, Ms Kathleen O'Toole.

Imitation firearms pose dangers. Their circumstances and verisimilitudes must be circumscribed, not least in the interests of anyone who might be tempted to use one. In certain circumstances, someone holding an imitation gun that others believe to be real might be in danger.

I welcome the reduction in knife deaths from 37 in 2007 to 15 in 2008. Three years ago, my daughter attended a going away party mainly involving employees of a well known US multinational in Dublin. While walking home, one party-goer intervened to stop a young man beating up a young woman. The intervention appeared to have succeeded, but the man ran into a house, fetched a knife and stabbed the mediator, who died of his wounds later that night. I witnessed a small part of the devastating and traumatic effect this had on family and friends. It not just destroys lives, but ruins the lives of those with whom they were close.

As the Minister pointed out, it is impossible to ban knives, but they should not be found or carried in public places. People high on drugs and alcohol, often aggressive, are not always fully responsible for their actions. However, it is a basic requirement in any civilised society that people be secure and free from attack regardless of age, gender, colour or creed. There should be no doubt about the serious consequences of causing or threatening serious bodily harm. Carrying weapons in a public place relates to this matter.

It is important that intimidation and harassment, sometimes accompanied by weapons, be tackled. Not too long ago, Tipperary town saw serious incidents, but I am glad to say that, after a certain interval, the law was applied with emphasis and will take its course. People must never get the impression that they are immune from the law.

Persons convicted under this legislation could end up in Thornton Hall. I applaud the Department's decision to break off negotiations where it seems that the other party was looking for too much. When I was a Senator and Mr. Michael McDowell was the Minister for Justice, Equality and Law Reform, I was critical of the high price being paid for farmland, even if for prison use. I am highly critical of the excessive reverence that has grown up in society for the rights of private property where it is required for the common good. No one should be allowed to make large fortunes in order to provide facilities. I am half-tempted to say God be with the days of land bonds under our Constitution or at least limited existing use compensation with perhaps a small added margin. Like the former Taoiseach, I am with the spirit of the Kenny report. Part of the reason we have suffered from a property bubble has been too much willingness on all our parts to pay inflated compensation for the acquisition of property, creating, in some cases, large windfall profits.

We need to learn lessons for the future and adopt stricter and more rigorous norms to protect tax-paying citizens. Like the president of SIPTU, Jack O'Connor, I would like to see us move, to the extent we have adopted them, from neo-liberal values to those of a social market economy.

I am glad this State is implementing more of the Schengen agreement. I am always surprised to hear a representative of Sinn Féin utter the catch-cry of Mrs. Thatcher in her Bruges speech about the phantom federal super state. One would think Sinn Féin would be fairly unlikely disciples, but apparently not. I have always regretted that all-Ireland considerations and the free travel area have forced us to opt out of being full Schengen members, although arguably we have a mini-Schengen with the UK. I certainly favour maximum participation in Schengen to the extent compatible with that restraint.

In the era of cheap travel and modern communications, sunshine life and apartments on the Costa Del Sol and similar places, and equally, the use of Ireland as a quiet place to shelter some of those wanted in other jurisdictions, the streamlining of the European arrest warrant is needed. I was particularly interested in section 18 amending section 45 of the 2003 Act, with the addition of paragraphs (a), (b) and (c). On paragraph (c), the Minister's summary states that applications for surrender will not be refused due to minor or technical defects in the European arrest warrant, subject to the saver "when it could lead to an injustice". It would be wonderful if such a clause could be applied pari passu to much of our domestic legislation.

How often have we seen certain District Court judges reject with unseemly glee charges, particularly those regarding motoring offences, because of some minor technical defect? We had an extremely long-winded impeachment procedure in these Houses because a warrant was marginally out of date. The older I get, the more impatient I become with captious judges and lawyers who string out and frustrate the course of justice and enormously increase its cost by such devices or technical objections. If we can override technical defects in the application of the European arrest warrant, why can we not apply the same spirit here in other domestic legislation?

I support the Bill and congratulate the Minister on his focus on remedying defects in the law which may contribute to the scale of the senseless loss of life we suffer from.

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