Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

The House might be interested to know that a High Court judgment of 9 May 2016, with which I am sure the Deputy is familiar, upheld the constitutionality of the mandatory minimum sentence provisions for repeat firearm offences. Mr. Justice Twomey adjudicated it is within the rights of the Oireachtas to make such provisions, having regard to public safety and the protection of citizens. He also made reference to the fact the Garda Síochána is a unarmed force and that strong legal provision for firearms offences acts as a deterrent. Indeed, in regard to some of the particular issues the Deputy has raised, section 27A of the Firearms Act 1964 provides for mandatory minimum sentences of at least five years, with the possibility of up to 14 years for those convicted of possession of a firearm in suspicious circumstances. Under section 27B of the 1964 Act, it is also an offence to carry a firearm with criminal intent, and that also attracts a minimum sentence of five years, with a possible maximum sentence of 14 years.

Therefore, if some codification is needed, or if there are any issues the Deputy would like to forward to me in this regard, I will certainly ask the Department to examine them. However, I am satisfied there are strong sentencing deterrents available for people who would carry firearms in this jurisdiction. The reduction in offences shows that people are getting that message but it is an ongoing issue.

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