Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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12. To ask the Minister for Justice and Equality her plans for updating and strengthening the sentences that can be imposed on persons convicted of possession of firearms with intent to injure and-or kill; and if she will make a statement on the matter. [27625/16]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The reason I put down this question about firearms is that, a number of months ago, Deputy Declan Breathnach introduced me to a postmistress from a post office in County Louth who had been through an extremely harrowing experience when she was subjected to a raid on the post office, not once, but twice. I am sure the Minister will agree that offences which are committed with the use of firearms are astonishingly serious. They are distinguished from other criminal offences where individuals on the spur of the moment may not involve themselves in a premeditated act, although they involve themselves in criminality nonetheless. We need to have greater codification and increased sentences in respect of the possession of firearms.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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There are very severe penalties in place for firearm offences under the Firearms Acts 1925 to 2009. A person possessing a firearm with intent to endanger life is liable to a minimum of ten years imprisonment and up to a maximum of life imprisonment and a fine at the discretion of the court. The court has some discretion in applying these minimum sentences in the case of a first offence, depending on the circumstances concerned, but not in the case of a second or subsequent offence. This and other mandatory minimum sentences for firearms offences were introduced on foot of concerns regarding the impact this type of offence had on society, on individuals and on communities.

I want to put on record that much progress has made in tackling gun crime in Ireland and the statistics are as follows. The number of offences relating to the possession and discharge of a firearm fell by 52%, from 745 in 2005 to 356 in 2015, while incidents of assault, burglary, robbery and murder involving a firearm are down 28%, from 455 to 329. Of course, if one is the person being assaulted in this way, one case is one too many, which I accept. However, the sentencing regime is quite tough and I am not sure there is scope for any further strengthening, although I am happy to consider any specific suggestions the Deputy may have.

Gun crime must be tackled aggressively by An Garda Síochána and this is being done through a range of targeted and intelligence-based operations, which often disrupt incidents and ensure we detect and prosecute those involved.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Minister is correct to state there are certain offences associated with firearms which carry very serious sentences, such as the ones she has identified. However, there are other offences which do not carry the same sentence, such as reckless discharge of a firearm or possession of a firearm or ammunition in suspicious circumstances. We need to have a codified and consistent approach to offences with the use of firearms.

As I mentioned at the outset, when somebody gets involved with possession of a firearm for the purpose of illegal activity, there is no doubt but that the person is going to be involved in predetermined criminal activity. We need to send out a message that the use of firearms in criminal activity is an offence which carries very special and serious penalties. It is for that reason we should look again at this issue. It is not just the Minister's responsibility to introduce new laws, which is something any member of the House can do. However, I believe the other offences in association with the use of a firearm need to be strengthened so, for example, persons who are holding onto a firearm or minding a firearm, or using a firearm for activities which they may not think are going to result in the death of an individual, are aware there are very serious criminal sanctions. It is simply unacceptable for people in this society to have firearms for illegal activity. We do not want to find ourselves in a situation where it becomes acceptable over time. We need to stamp down on it promptly.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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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.