Joe Carey (Clare, Fine Gael)

I welcome the opportunity to speak on this Bill, the main provisions of which are that no new licences will be issued for handguns with limited exceptions for Olympic sports. Any existing handgun licences will be subject to the new rigorous licensing procedures where renewal is sought and there will be a new three year licensing system for firearms. Also there will be amendments to the European Arrest Warrant Act 2003 and to the Bail Act 1997 and the Bill will permit the exchange of information through the Schengen information system when it is operational.

There is a philosophy to the firearms element of this legislation whereby the Minister, as he stated himself, does not want to allow a gun culture develop in this country. I personally agree with him on this; I do not want an Irish group to play a similar role to that played by the National Rifle Association in the United States, which determines public policy to a significant degree. That is a road I hope we never go down in this country. We have all witnessed the horrific scenes in the aftermath of school shootings in the United States. These tragic events have shaken the political system and have led to calls for more stringent gun control laws. The National Rifle Association, however, continues to oppose the introduction of such laws.

Having said that, and understanding the Minister's motivation, we run the risk with this legislation of missing the point we are trying to address. The firearm elements of this legislation are by and large directed towards the recording and administration detail required of legally held guns. The Bill reforms our laws on the matter of the possession of firearms but how this legislation may restrict the availability of weapons available to criminal gangs and organised crime is not really apparent. How the State effectively deals with illegally held firearms should be the fundamental part of this legislation. We clearly need more legislation to deal with illegally imported firearms. There is now an obvious direct link between the deeply rooted gang culture, the importation of drugs to finance this gang culture and the importation of weaponry tacked onto these drugs shipments. This is where the real problem lies.

Ireland's growing drug problem must be addressed. Cocaine was the drug or choice during the boom and continues to be widespread. Now, however, the deadly drug heroin is taking grip throughout this country. It is our responsibility and the responsibility of the Minister to do everything we can to protect the citizens of this State from the evils of drugs. We must ensure that everything that can be done is done to fight drug traffickers and drug dealers. We must cut their life-line, the supply of drugs. I also strongly believe that there should be an emphasis on access to drug treatment and services for those that develop a drug problem. There is a huge concern that in a time of economic downturn people will have greater recourse to drugs and the State needs to response accordingly to this

Since Operation Anvil in 2005, 2,200 illegally held weapons have been seized. Gardaí have also intercepted several shipments of heavy weaponry, including sub-machine guns, rocket launchers, and grenades. This would tend to indicate that significant numbers of illegally held firearms have been imported into the country. The CSO figures for illegal firearm possession charges show an upward trend from 373 in 2003 to 462 in 2008, an increase of almost 25%, again an indication that the illegal ownership of firearms is on the increase. There are no easy solutions to this deadly equation but I would be interested in the approach the Minister has to this specific issue.

Notwithstanding the Minister's desire to prevent a gun culture developing in this country, he must shift the balance in this legislation from those that legally hold firearms towards illegal aspects of firearm ownership. Mandatory reporting of loss or theft of any firearms or ammunition would be an essential element of legislation such as this. As has been stated already in this debate, there seems to be some confusion about stolen firearms and their subsequent use in crime. Any licensee who fails to report theft or loss could and should be subject on conviction by the courts to imprisonment or to a fine.

Another element which would redirect the balance of the legislation towards the illegal firearms would be a substantial increase on the penalty for possession of an unlawful firearm. My colleague, Deputy Charles Flanagan, has proposed a fine not exceeding €50,000 or imprisonment for a term not exceeding ten years or both for this offence. These are tough penalties but they are unequivocal and reflect the seriousness of the issue.

The parts of this Bill that deal with knife crime introduce complexities. I appreciate it is almost impossible to ban the sale of knives that are used in any Irish kitchen, restaurant or butcher's shop. Having said this, there should be no need for such knives to be carried in public. The excuse that they are merely for kitchen or some other benign use when found on a person in public should quite simply not be tolerated and the punishment should reflect this. I am pushed to think of any reason whereby knives such as these would need to be on a person in public.

Acknowledgement in the Bill of the proliferation of samurai swords is also welcome. These weapons have become prevalent and are regularly used by today's criminals. Again, Deputy Flanagan has repeatedly raised this issue in this chamber. I therefore welcome the Minister's acknowledgement of the threats posed by samurai swords and support the provisions in the Bill that will address their use. I accept the Minister is trying to deal with and legislate for the growth of knife crime but I do not agree that enough is being done to enforce the law. According to the figures and statistics on knife crime, the number of murders committed where a knife was involved declined last year whereas the number of offences for possession of a knife increased dramatically. In five years offences relating to possession of offensive weapons, mainly knives, has increased by 72%, yet only 32% of cases have led to conviction. The question has to be asked, why the conviction rate is so low.

Some 30% of all knife crime offenders in this State are under 20 years of age. It is clear from this statistic that the State must respond by going to second-level schools with an educational programme aimed at stamping out this growing activity. The €200,000 allocated to the Minister, Deputy Dermot Ahern to raise awareness of knife crime has so far failed miserably. The Minister promised to raise awareness and thereby tackle the serious issue of knife crime by having a presence on social networking websites such as Twitter, Facebook and Bebo. I propose that the Minister involve community gardaí in this process. The Minister should send the message that carrying a knife will not be tolerated by this State. That message needs to get to our schools. It is vital that a strong coherent campaign would start as soon as possible to stamp out knife crime.

I welcome the fact that gardaí are no longer to spend so much time in the administrative duties associated with firearm licensing. The idea of rolling renewal for firearms licensing is also welcome. It has been my experience that gardaí in rural Ireland spend an inordinate amount of time checking legally held shotguns in the lead up to the duck hunting season at the start of September every year. There has to be a better use of Garda time than activity such as this. However, who does the Minister envisage will carry out this work?

In reading the excellent briefing paper supplied by the Oireachtas Library and Research Service one thought struck me about our proposed adoption of the Schengen Agreement. It is obvious that European law is more advanced on criminal activity. Article 99 of the Schengen Information System speaks of the use of "discreet surveillance". It is not that long since this House began the debate on surveillance as a tool in fighting crime. Is the Minister happy that our criminal justice legislation is robust and modern enough to participate in this pan-European approach to criminal activity?

The Schengen Agreement and its associated information system establishes police and judicial co-operation in criminal matters across Europe. Its objective as stated is, "preventing and combating crime, organised or otherwise, in particular terrorism, trafficking in persons and offences against children, illicit drug trafficking and illicit arms trafficking, corruption and fraud." The six defined reasons for which information can be entered on the Schengen Information System and the possibility of we in Ireland making use of a system such as this will be of benefit especially in our fight against organised crime.

I assume there will be significant costs associated with these elements of the legislation. These will relate to information technology, the dedicated overseers of this system, the DPP and the Data Protection Commissioner. Has the Minister costed this and can he give us an indication as to the amount of money that will be required to implement and run this service?

The elements of this Bill that deal with the introduction of the Schengen Information System are welcome. We have, to a certain extent, along with the UK, fallen behind this pan-European approach to intelligence and administrative work sharing in the field of courts and police. As we fell behind, it is ironic that our Irish criminal fraternity strengthened and developed their European links. These include holiday homes in Spain, importation of drugs and guns from continental Europe and, lately, shooting and target practice in Eastern Europe.

The sections of this Bill on the Schengen Information System provide an important step in the integration of European information systems into tools available to our Garda and State officials. However, I wonder how compatible our information systems are with the rest of Europe. When I read of this system, the dreaded PPARS or electronic voting comes to mind. I am sure the Minister for Justice, Equality and Law Reform is also mindful of this. It provides our national authorities here with greater access to information. It also allows for more efficient dealing with criminal activity reflecting the new mobility of some of our criminal classes. I hope these elements will make it easier for us to deal with those Irish gangland members who leave the Irish jurisdiction. I welcome this part of the Bill.

I largely welcome this legislation but feel it needs more work on Committee Stage. There must be a clearer distinction, in that while the Minister wants to avoid the rooting of gun culture in Ireland, he cannot unduly impinge upon those who want to pursue a legitimate sport or pastime. We must not fall into the legislative trap of using a sledge-hammer to crack a nut. The elements of this Bill dealing with pan-European approaches to crime are long overdue and very welcome.

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