Charles Flanagan (Laois-Offaly, Fine Gael)

I thank the Ceann Comhairle's office for allowing me raise this matter, namely, the unsatisfactory operation of the requirements for the issue of firearms certificates under the recently amended legislation which has resulted in widespread confusion, uncertainty, dissatisfaction and the need for a review.

A number of specific issues require attention. I refer in the first instance to section 3D of the Firearms Act 1925, as inserted by the Criminal Justice (Miscellaneous Provisions) Act 2009, which specifically refers to the short firearm for which applicants are making their application for review; this application can be accepted once the person has held the firearm on or before 19 November 2008. This is being interpreted by Garda superintendents in a way that is giving rise to an element of uncertainty. It is up to many applicants to proceed to court in a way that, to my mind, was not envisaged and which is unfair

I make the case that the new firearms legislation is flawed because it fails to include the statutory requirement for superintendents to provide a licence to hunt. There have been complaints from many firearms owners about the new application form which is nine pages long. Many applicants require assistance with this, which on occasion is not forthcoming.

The hunting endorsement on the firearms licence must be legally valid. The licence-holder must make a declaration under section 29 of the Wildlife Act 1976, as amended. Without this, new licences may be rendered invalid. There is no reference to this declaration or to this section on the revised form issued from the Garda Síochána, having been approved by the Department of Justice, Equality and Law Reform. The Garda Síochána is, by and large, co-operative but the process is giving rise to much uncertainty. There is a perception, supported by the Minister for Justice, Equality and Law Reform, that legally held firearms are inextricably linked to criminal activity and organised crime when Government representatives speak of a proliferation of guns and a gun culture. This is without foundation, in my view. I ask that evidence be provided by the Minister for Justice, Equality and Law Reform, as to abuse of firearms licences and to provide evidence where sportsmen, many of whom have engaged in what was regarded as a lawful sporting pursuit and activity, are involved in criminal activity and organised crime. We need to have this matter addressed. The new application is flawed on the basis that, unlike the old form, it does not comply with section 29(1) of the Wildlife Act. I ask the Minister to advise the House on the discussions that took place between the Departments of Justice, Equality and Law Reform and the Environment, Heritage and Local Government on the redrafting of the form. I ask that the guidelines issued to superintendents be published and made available to applicants. I would regard it as a breach of natural justice if they are not made available because it would result in a most unsatisfactory and opaque situation whereby people are asked to comply with guidelines which have not been published.

Long-standing firearms licence holders are being required to produce references in a way that is unduly harsh and unfair. The system is a shambles. Many applicants are being forced to the courts and the District Court is being flooded by appeals against refusals by chief superintendents to grant firearms licences.

I urge the Government to accept the seriousness of the problem, undertake a review in order to ensure those applicants who have held firearms certificates for many years can continue to pursue their sporting activity within the law and deal with the gross mistake of refusing to make reference to the appropriate declaration under the Wildlife Acts, which in my view puts every hunter in the country in breach of the law.

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