Seanad debates

Thursday, 18 December 2008

1:00 pm

Photo of Dominic HanniganDominic Hannigan (Labour)

I welcome the opportunity to debate this issue. I commend the Minister for Justice, Equality and Law Reform and the Government generally on addressing this serious issue and the urgent need for revised firearms legislation. There are two facets to this debate which are not mutually exclusive. These involve the legal private ownership of firearms and the critical issue of how many firearms are in circulation in the criminal community. I will address private ownership first.

In July, Mr. Justice Peter Charleton called for urgent reform of what he termed our piecemeal controls on the ownership and use of handguns. He said that reasonable people were entitled to feel alarmed about a large increase in the number of pistols licensed for private use in Ireland in recent years. Four years ago, clause 4.1 of the Firearms Act, which had been in place since 1972, was found to be unconstitutional following a challenge from a private citizen. The clause stated that all private registered pistols and rifles above the .22 calibre should be handed in to the Garda Síochána. It is worth remembering why those handguns were removed from circulation in 1972 and 1973. I spoke to my father, who was a garda in a Border county at the time. The measure was taken because of the Troubles and the dangers of handguns entering an inflamed situation. At the time, all owners were asked to give their handguns to the Garda Síochána.

Since the removal of the clause four years ago, people have been able to carry handguns again. There has been a considerable increase in the number of private firearms owned by individuals. The Department of Justice, Equality and Law Reform estimates that there are almost 250,000 handguns, rifles and shotguns registered in the State. The majority doubtless are held by law-abiding upstanding citizens. I agree with Mr. Justice Charleton that it is troubling that there are so many firearms in the State.

Of graver concern is the number of handguns. As it stands, there are 1,800 legal handguns in the State. I have been contacted by many owners of private handguns. They have impressed upon me the seriousness with which they take the responsibility of ownership of a handgun. They told me that they all must undertake training and must be members of an approved and Garda authorised club. Security measures in their homes must be set up to prevent people robbing the handguns. We saw 27 handguns stolen from people's houses over recent years. A further 1,237 other types of firearms were stolen. We must bear in mind that the removal of these handguns will not solve the problem of legally held firearms entering the criminal world. That will still exist and must be addressed outside of legislation on handguns. This point was made by Senator de Búrca. I am glad the Minister is making exemptions for Olympic sports. I ask him to meet members of the private handgun owners clubs to see if some accommodation can be made to allow them to enjoy their pastime.

I refer to how we tackle gun crime and illegally held firearms. The erosion of public safety in the face of gun crime and gang law presents a considerable challenge to the security of our citizens. The idea that people can be shot in broad daylight demands immediate action. As we respond to the issue of gun crime in our society, we should not concern ourselves with labels of left, right, liberal or conservative. Ideology does not come into it. Our commitment should be directed to those policies that will work on the ground.

I propose a two-pronged strategy. We must punish to the full extent of the law those criminals who take or threaten to take the lives of others with guns. According to the Central Statistics Office, the number of shootings in Ireland jumped from 211 in 2003 to 325 last year, an increase of more than 50% in four years. Any individual in this State who engages in gun crime should be dispassionately subjected to the full extent of the law. Mandatory sentences for possessing an illegal firearm and lengthy sentences for the discharge of a firearm must be considered. If we are to be successful in rebalancing the burden of fear away from the innocent member of society and onto the criminal, we must provide the Garda Síochána with sufficient and adequate resources. Well-trained community gardaí would ease the pressure on local communities and free up personnel for deployment in areas where they are required. We must invest in those elite Garda units trained to deal with gun crime and bomb threats.

In an interview in a recent edition of the Garda Review magazine, Detective Sergeant Higgins, a specialist in ballistics, stated that the workload had increased but the resources available to deal with the workload had remained the same. Highly trained, specialist units examine murder scenes on a national basis and are recognised as the experts in the field of crime scene interpretation. These units must be expanded and supported so that their expertise can be used to maximum effect. There is also need to tackle the roots of gun crime, and this is something Senator Quinn referred to in his contribution. There is usually a reason for guns and typically it is drugs. Chief Superintendent Mahon confirmed that there was a substantial and worrying return last year to the importation and distribution of heroin. Of the €3 million worth of drugs seized in Limerick, some 42% was heroin. We are all aware of the danger of heroin but drug use and gun crime are closely linked. We must tackle these issues together.

At the top end of the gun crime problem we must punish offenders and send a message that actions directly endangering the lives of citizens will be met by relentless enforcement of the law. Criminality, especially gun crime, is an ongoing developmental problem and it is essential we tackle the issue at an embryonic stage. Last month the British Journal of Criminology published a landmark study that comprehensively outlines the link between the criminal behaviour of parents and that of their children. The study states a father who engages in delinquent acts teaches the skills, norms and values needed to display such anti-social behaviour. The more time a child spends with a criminal father the greater the probability that he or she will engage in delinquent acts also. This study was reviewed by peers and published in the British Journal of Criminology. It found that children of persistent offenders were considerably more likely to commit crimes than those of non-offenders. The authors also found that children of persistent criminals tended to engage in more delinquent acts in every phase of their lives. It is imperative that we deploy resources in high crime areas with lower socio-economic demographics. We need to tackle and punish the perpetrators of crime but it is also our duty to show a generation of potential criminals that there is an alternative way of life.

Yesterday the head of the Garda inspectorate, Kathleen O'Toole, stated the Irish could learn from what had happened in Boston where 1,000 people who were in danger of becoming involved in gun crime were identified by police and liaison officers. They and their families were targeted with a range of community educational resources to fend off any potential transition into crime. Ms O'Toole recommended that we consider something similar.

If we are serious about targeting gun crime, we need to intervene at all levels. We need to be tough on the perpetrators of crime. However, we also need to support and engage with young people who are in danger of turning to crime in the first instance. The generation of violent criminals on our streets deserve punishment first and rehabilitation later. A generation is waiting to take their place. It is prior to lives being ruined and lost that we need to intervene and effect real change.

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