Seanad debates

Monday, 3 July 2006

Criminal Justice Bill 2004: Committee Stage.

 

5:00 pm

Photo of Jim WalshJim Walsh (Fianna Fail)

We need to ensure we do not become overly restrictive. Farmers who use rifles because they are actively involved in hunting often have rifles at home. They may want their sons to become proficient in hunting at an early age. There have been some unfortunate accidents when teenage boys who have not received the necessary training have been messing around with guns. Like Senator Brian Hayes, I do not have any difficulty with the provisions in respect of target shooting — I do not think anybody would. In rural Ireland, in particular, it is not uncommon for fathers to take their sons with them when they go shooting. That may well be happening without training. This legislation puts in place a procedure whereby "a specified person" must be in charge and sets out other conditions in that regard.

I ask the Minister to monitor closely the provisions of section 28(4), in co-operation with the Garda Commissioner, who will issue the firearms certificates. Section 28(4) provides that if an application is refused, the Commissioner must "give the reasons for the refusal". I would hate to think this section will put extra pressure on the Commissioner to grant certificates in borderline cases. The Commissioner might find it difficult to put in writing his reasons for refusing the applications in such instances. Various arguments are often made in cases of this nature. In general, I support the argument that reasons should be given when certificates are not granted. As this is a safety issue, I think the Minister should monitor the use of this provision to see whether it gives rise to difficulties for the Commissioner. If such difficulties develop, perhaps this section of the Bill can be changed at a future stage. I know the Minister is anxious that the applications process should be transparent, which is how it should be, but I can envisage circumstances in which the provisions of section 28(4) could pose difficulties for the Commissioner.

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