Dan Neville (Limerick, Fine Gael)

I thank the Ceann Comhairle for the opportunity to raise this issue and the Minister of State, Deputy Perry, for taking it, which is very well known to the Minister for Justice and Equality, Deputy Shatter. A problem has arisen with firearms licensing system. There have been a number of challenges by individuals in the District Court and the High Court. In 95% of the challenges, the decision went against the State. We are looking towards a solution. Mr. Justice Hedigan stated that we cannot continue with the system and that it clearly needs review.

The National Association of Regional Game Councils supported these cases in court despite being the strongest advocate of the new firearms legislation when it was introduced in 2009. The National Association of Regional Game Councils played a pivotal role in the consultation process, including chairing the most important user group of the Minister's firearms consultative panel. The National Association of Regional Game Councils recognises and supports the idea that dangerous weaponry should be licensed on a restricted basis. There is an onus on the State to apply its responsibility to those who are given such restricted arms licences. The National Association of Regional Game Councils recognises the State's grave responsibility in this area because of the consequences of making a mistake as regards the allocation of licences.

The firearms consultative panel warned of deficiencies in the administration of the system but its warnings were ignored. Its concerns included the absence of a statutory declaration under the Wildlife Act on the licence application form to give effect to the hunting licence endorsement of the firearms licence. Ignoring this resulted in an unnecessary High Court challenge, which had the effect of forcing the State to amend the Wildlife Act on a temporary basis. Licences will be renewed in the coming months and the State will face this problem because a permanent solution has not been found.

The Garda Commissioner issued an amended licence application form, which does not address the absence of the statutory declaration. As a result of these issues, the National Association of Regional Game Councils feels unable to continue to support the licensing system and the recent court cases are a consequence of this. It states that we must examine the benefit of a centralised licensing system. As chief superintendents administer the system, there are 150 different interpretations of the regulations. The interpretations are genuine but subjective, which causes grievances. Applicants see inconsistency as unfair and the test of fairness is consistency across the board.

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