Mattie McGrath (Tipperary South, Fianna Fail)

I am delighted to speak on this issue. The Bill contains a range of different measures which are appropriate to address by way of legislation to further improve the overall criminal justice system and to update existing statutes in some areas where it is decided that there is a need to do so. We all know there is such a need at this point in time. It is also extremely important to ensure that a gun culture is not allowed to form in the State. Therefore, a substantial and important part of this Bill is devoted to the licensing of firearms and associated issues.

In total there are 17 firearms and offensive weapons-related sections which can be grouped into the following categories: public safety and control issues; technical matters; and efficiency and modernisation measures. In addition, section 28 addresses the licensing of handguns. I am aware that some people have a strongly-held view that once they are of good character and make the necessary secure arrangements for the storage of their firearms, they should be free to have firearms of any kind licensed to them. I do not agree with this view, which would represent an unacceptable situation where our gun laws could mirror those of countries such as the United States. If the present situation continued unchecked, this would happen and we cannot allow it. A situation where firearms were freely available, as in some jurisdictions where there is a notification system and one purchases the firearm and simply informs the authorities afterwards, is not acceptable.

Proposals for reform in this area include a ban on the issuing of new licenses for handguns, although there will be limited exceptions in regard to handguns designed for use in connection with competitions governed by International Olympic Committee regulations. Those who already have licenses can, when they are due for renewal, apply to have them renewed, albeit under the new licensing procedure where the safety of the community will be paramount.

Section 31 will bring tighter control in the importation of firearms and ammunition by specifying that such importation may be made only by a registered firearms dealer on foot of an importation licence having being granted by the Department. In Irish law, firearms are already divided into two categories: non-restricted and restricted. This Bill proposes a measure to increase the ability to categorise firearms. It introduces the concept of a prohibited firearm, and section 25 proposes that the Minister for Justice, Equality and Law Reform should have the residual powers to be able to declare certain firearms and ammunition to be prohibited. The Minister should, however, keep the situation in regard to firearms licensing under review in the interests of public safety. This residual power will, in particular, allow the Minister to address any particular issues which arise threatening the safety of the community. Addressing these concerns is our primary function but it is important to stress that the Minister's proposals will not impinge adversely on the activities of the majority of licensed firearms holders.

Section 35 regulates the sale and use of realistic imitation firearms, including devices known as airsoft. These items are practically indistinguishable from real firearms and have on occasion been used to intimidate and rob, and in anti-social behaviour. This Bill will also make the possession of realistic imitation firearms in a public place a serious offence. These measures will help those who play airsoft to protect their activity from irresponsible and casual purchasers.

There are two sections in regard to the control of weapons arising from fatal stabbings. I welcome the proposal to increase the maximum prison sentence for possessing a knife in a public place from one year to five and to extend the power of search without warrant in circumstances where the Garda Síochána has reasonable grounds to suspect a person is carrying an article for unlawful purposes, which is an important power to give the Garda. We must also examine the issue of community service. While I welcome the increase in sentences, given the situation pertaining with regard to people in prisons, community service should be considered where possible. It is also welcome that a new firearms and offensive weapons order, to deal with the issue of samurai swords, will be introduced.

Section 27 of the Bill will allow the Garda Commissioner or the Minister to issue guidelines on the practical application of the Firearms Acts. The Garda Commissioner, as head of the licensing authority, proposes to introduce guidelines which will be publicly available. These guidelines will attempt to address one of the main criticisms of the current licensing system, which is the lack of uniformity in the application of the Firearms Acts and the processing of applications. The Garda established a firearms policy unit in 2008, to help to ensure that the Commissioner's policies on firearms licensing are clearly understood and standardised throughout the force. The unit has been invaluable in resolving problems and complaints relating to applications. This country's firearms legislation, which stretches back more than 80 years and across five main Acts, has been criticised by commentators from the legal profession as being difficult to interpret. The Law Reform Commission has scheduled a restatement of the Firearms Act, which will help to alleviate this problem.

Part 1 of the Bill contains the standard preliminary features of all legislative proposals, including the Short Title, the interpretation section and the provision that the Exchequer will bear the costs of administering the Bill when enacted. Part 2 contains amendments to the European Arrest Warrant Act 2003, as amended by the Criminal Justice (Terrorist Offences) Act 2005. The 2003 Act, which gave effect to the EU framework decision on the European arrest warrant, replaced extradition arrangements between member states with a system of surrender based on arrest warrants issued by judicial authorities of member states. The amendments proposed in this part of the Bill are necessary to deal with issues that have arisen in the administration and implementation of the 2003 Act. As the House will be aware, the European Arrest Warrant Act 2003 has been in operation for more than five years. There is now a better understanding in Ireland and across all member states of the European arrest warrant system.

The Bill before the House will complete the process of reforming the firearms licensing regime, which was started by the Criminal Justice Act 2006. The Minister is taking this opportunity to introduce some further necessary changes to ban the widespread licensing of handguns and to hinder the development of undesirable shooting practices. I am aware of such problems in my community in County Tipperary, which is quite near other parts of Munster that have had huge problems with gun crime. Such activity must be nipped in the bud before it starts to spill over into other towns and villages. The proposed amendments to the Firearms Acts will prohibit the issuing of licences for new handguns, with some exceptions in the cases of starting pistols and Olympic target guns. This Bill also sets out a tightened procedure for the renewal of existing handgun licences. It gives the Minister for Justice, Equality and Law Reform the power to prohibit the possession, use, sale, manufacture, repair and importation of specified firearms and ammunition. The Bill before the House also restricts the importation and sale of realistic imitation firearms. It will give the Garda increased powers of search where there is reasonable cause to suspect that a person has in his or her possession an offensive weapon without just cause or lawful authority. The new licensing regime that is being introduced will streamline the current system and ensure that licence fees may be paid at locations other than a Garda station. The licensing period will be also extended.

This legislation makes technical amendments to a number of other statutes, including the Bail Act 1997, the Criminal Justice (Theft and Fraud Offences) Act 2001, the Summary Jurisdiction Act 1857 and the Criminal Justice Act 1984. The Bill also contains four provisions that will give further effect to the decision on the establishment and the operation of the Schengen information system. In practical terms, it will improve the operation of the European arrest warrant system. It will give the Garda and the staff of the Revenue Commissioners the power to exchange information with other states that are party to the Schengen information system. Some of the other changes envisaged in this Bill are technical in nature. Nevertheless, it is important for the criminal justice system that they are legislated for and that the proposed technical amendments are dealt with to the satisfaction of Deputies.

I commend the Bill to the House.

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