Seanad debates

Thursday, 18 December 2008

12:00 pm

Photo of Eugene ReganEugene Regan (Fine Gael)

I welcome the Minister. I also welcome his exposé on Government policy on tackling gun crime involving both legally and illegally held weapons. The Minister's speech was a clap on the back — we are doing very well, the resources are in place, and if the legislation is not, it is being worked on very diligently. The Minister mentioned the issue of Garda numbers and I appreciate the Government is playing catch-up on promises made in the past about Garda numbers. In view of the alarming rate of serious crimes, however, especially gangland crime, I do not think we should be clapping ourselves on the back for getting the number of gardaí right for a growing population and an increasing incidence of the most serious forms of crime.

The Minister's emphasis is on legally held weapons. He pointed out in his speech that 1,800 handguns have been licensed, mainly since 2004. He said there was no public policy decision to bring this about. However, it did happen under the watch of a Fianna Fáil-led Government. To suggest it was not a conscious policy decision is not very helpful. The Department of Justice, Equality and Law Reform and the Minister are responsible for this policy area, and the increase in the licensing of guns and handguns was apparent to them. The Minister is now saying that Mr. Justice Peter Charleton pointed this out and we have to act. The reality is that all this information has long been available to the Minister and his predecessor and to the Department of Justice, Equality and Law Reform. It is a case of locking the stable door after the horse has bolted. The Minister indicated that he has introduced proposals to deal with the situation, which include the issuing of no new licences for handguns subject to certain exceptions. However, this can only be done through legislation, and there is legislation in place. Where is the legislation? If the Minister is intent on dealing with this, let us see the legislation and we will deal with the specifics of the proposals he has introduced.

There are a number of areas of legislation about which the Minister has spoken. He stated: "The Government has approved my proposals for a criminal justice (covert surveillance) Bill, and I have published the general scheme." Again, we would like to see the Bill. It has long been known that action was needed in this area and that the existing legislation was antiquated and ineffective. We are still at the stage of proposals and promises of legislation. The Minister also speaks about the general scheme of the criminal procedure Bill, giving effect to the legislative aspects of the justice for victims initiative. Again, we await this Bill.

The Minister also stated: "Work is ... ongoing on the criminal justice (forensic evidence and sampling) Bill which will provide for the establishment of a DNA database for criminal investigation purposes." This is the one area in which the Government has been particularly negligent. A DNA database is important for combating crime, especially the more serious forms of crime. DNA investigation has proven an essential source of material for detecting and prosecuting crime, yet we are still at the stage of drafting a Bill in this regard. While we are all agreed on the objectives, there is a lack of urgency from the Government and the Minister. To say that work is ongoing on such important Bills, when we have had announcements of this type of legislation on and off over recent years means we are not moving at the required pace. I would like to see a bit more urgency in this regard.

The figures clearly show there has been a significant increase in the number of legally held handguns and firearms in general. That is an issue that must be considered. We must have legislation which does not interfere with those who hold these firearms for sporting activities and other genuine reasons. That is why we need to ensure the precise wording of the Bill allows those pursuing a legitimate sport or interest to continue to do so.

The killing of Aidan O'Kane in East Wall last week was shocking. The notion that a teenager could gain access to a firearm and kill someone is most disturbing and highlights the question of the source of weapons for those who act illegally. We must obtain the exact number of legally held firearms that are stolen and elucidate the connection with gangland crime and other serious crime. It is important to get this legislation right. I understand where the Minister is coming from in this regard, but we need to see the details of the Bill. There are figures for stolen firearms, but it appears that since 2005 only 27 handguns have been stolen, some of which were recovered. The figures for stealing and illegal use of firearms do not jump out at one, as it were. However, I accept that, overall, it would be a surprise to many people to hear the total number of firearms in the State in 2008 was 232,000.

It was very helpful of Mr. Justice Charleton to highlight the problem, because he has highlighted other deficiencies and loopholes in criminal law. I am pleased that on this occasion the Minister is taking heed. It is unfortunate that Mr. Justice Charleton had to do this before the Government would examine the statistics and figures it had on hand for some years and decide to act. I hope the issue of the licensing of legally held firearms and the changes in legislation being considered by the Minister do not deflect from the real issue, which is the obtaining of illegal firearms and their use for the most dastardly crimes. This initiative of the Minister should not deflect from that priority. I also ask the Minister to take into account some of the ideas that have been put forward by Fine Gael in the draft criminal justice (violent crimes prevention) Bill when he is considering this legislation.

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