Dáil debates

Wednesday, 29 March 2023

Criminal Justice (Miscellaneous Provisions) Bill 2022: Report and Final Stages

 

4:17 pm

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael) | Oireachtas source

Amendment No. 1 provides that the proposed new section 3DA of the Firearms Act 1925, as inserted by section 10 of the Bill, shall not begin until the completion of all stages of the proposed new section 26B proposed in Deputy Kenny’s amendment No. 2. Colleagues will be aware the proposed new section 3DA of the Firearms Act 1925 provides that, “On the day that is 3 months after the relevant date, any firearm certificate for a semi-automatic centre-fire rifle that was first granted after 18 September 2015 and that was in force immediately before the relevant date shall stand revoked.” The relevant date is the date that the above section comes into operation. This measure is a cap as opposed to an outright ban. It is because persons who held a firearms certificate for these types of rifles before the date of the then Minster’s announcement on 18 September 2015 and whose certificate was in force immediately before the relevant date will be able to continue to renew their certificates. Persons who obtained firearm certificates in respect of semi-automatic centre-fire rifles after 18 September 2015 will have their certificate revoked. The proposed new section 26B in amendment No. 2 requires that I publish the considerations and recommendations of the firearms expert committee within three months of the completion of its work. This refers to the advisory group Deputy Kenny spoke about which was established last year by my colleague, the Minister of State, Deputy Browne. Its terms of reference include carrying out an assessment of all types of firearms to determine their current use under the existing licensing system and their suitability for future licensing. This proposed section also requires that I engage in a public consultation process within six months of the completion of the committee’s work.

I would note that the cap on semi-automatic centre-fire rifles provided for in this Bill has been the very long-standing policy of successive governments. It was announced by the then Minister on 18 September 2015. Nothing about this is in any way rushed. Its enactment will be the culmination of a process which long pre-dates the establishment of the firearms expert committee, which is another important factor. This was envisaged before the establishment of the firearms expert committee. I am advised that we that the report of the firearms expert committee will be submitted to the Minister of State this week. The committee was free to examine any issue falling within its terms of reference, including the licensing of different types of firearms. All of its recommendations will be carefully considered. As has been made clear throughout the process, any subsequent changes to firearms policy or legislation arising from any of the recommendations will be subject to prior consultation with firearms stakeholders. However, as much as I am looking forward to seeing what improvements can be made to firearms licensing on foot of the committee’s report, it does not make sense from my perspective to delay the introduction of a cap on semi-automatic centre-fire rifles as already provided for in the Bill because this was originally motivated by public safety concerns.

As for the proposal that the committee’s report be published and consulted on within three to six months, that has always been my intention and the intention of the Department and it remains our intention. The commitment to consult on the report has been reiterated numerous times by my colleague, the Minister of State, Deputy Browne.

Indeed, he intends to do so in a considerably shorter timeframe than envisaged in this amendment, which, I think, would provide him six months. There is no requirement to provide for such consultation in statutory form in the Bill. The commitment to do so is already a matter of public record, and I reiterate that on the record of the Dáil now.

We should go ahead and pass the Bill as it stands. We do not need to accept the amendments. There has been a very long lead-in time and a long debate. It was right and proper for the Minister of State, Deputy Browne, to establish the firearms safety committee. It is right and proper that the committee concludes and reports to him, which it will do imminently. The Minister of State will then have an opportunity to fulfil his commitment to consult and engage on that. If changes are required, there is an opportunity for this House to consider them, however, I am not in a position to accept these amendments for the reasons outlined.

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