Eugene Regan (Fine Gael)

I support Senator Mullen's amendments Nos. 1, 2, 4 and 5 and commend my amendment No. 3 to the House. Subsection 4C(1), as inserted by section 33, states: "It is an offence for a person to facilitate or engage in the use of a firearm for the purposes of practical or dynamic shooting". My amendment proposes to insert "save and except any firearm used for legitimate and controlled sporting purposes as may be specified in Regulations" after the word "shooting" in the subsection. Either this amendment or those of Senator Mullen would deal with the issue we have raised. We are seeking to understand the rationale for criminalising a particular sport which has no obvious offensive objectives for those involved. It is essentially a question of proportionality. There is no evidence that those engaged in this sport see it as other than sport or that it is engaged in for any purpose other than enjoyment as a sport.

Why is it necessary to interfere with the right to engage in that activity? Is there a less interventionist way to deal with concerns the Minister may have? As Senator Mullen suggested, greater regulation of the sport is key, including inspection by the Garda Síochána. A range of measures could be introduced which would interfere to a much lesser extent with the activities of persons involved in the sport of practical shooting. As I understand it, this sport is recognised as a legitimate shooting sport in other European states, including Austria, Belgium, Denmark, Finland, France, Germany, Norway, Switzerland and the United Kingdom. If I am mistaken in this regard and if authorities in other jurisdictions have considered it necessary to criminalise this sport in the interests of public safety, the rule of law and order or whatever, I ask the Minister of State to clarify that. The Minister and his Minister of State have not set out the rationale or justification for the measure either in this House or the Lower House. The documentation on the Bill produced by the Oireachtas Library and Research Service states:

Practical Shooting is a term covering a shooting sport with no centrally defined elements. While different organisations and participants may structure their activities differently, practical shooting is broadly defined as shooting with movement, either by the shooter or by the target.

Although I do not engage in this sport, the first activity I look at when we go to a carnival or fair is the shooting range. I enjoy trying my hand at shooting, an activity made more interesting when there are moving targets. I fail to understand the reason this sporting activity is regarded as so nefarious as to require us to make the leap of banning it. An exception is made for clay pigeon shooting because it is obviously a safe sport. Less onerous measures are available than banning what many people consider a sport.

The report by the Oireachtas Library and Research Service continues:

The activity typically takes place on ranges and uses full powered handguns in competitions designed to test reflexes, speed, power and accuracy. Shooters generally use military or police based training simulations to move through a course of targets, and shooters will be required to make instant shoot/don't shoot decisions. The practice has grown away from its military roots and has for example, grown extremely popular in the United Kingdom.

Clearly, this is a sport which is becoming more popular in other jurisdictions, including our nearest neighbour. What is the justification for the draconian measure proposed in the Bill? What elements led to the proposed ban?

The Minister for Justice, Equality and Law Reform stated in the Dáil that the Garda authorities have recommended that practical shooting be prohibited and the activity is not endorsed by the firearms consultative panel. He added that it was not in the public interest to tolerate the development of a sub-culture predicated on a shooting activity which, by the liberal standards of the United States, is regarded as an extreme shooting activity. Will the Minister of State elaborate on the Minister's statement?

Practical shooting appears to be a variation on the shooting sport. It is recognised internationally and less draconian ways of regulating it than outright criminalisation are available. The grounds the Minister advanced for criminalising the sport are flimsy and his approach his simplistic. The measure has been proposed without consultation and the Minister has not shown a willingness to engage or consider that there are certain nuances in how the sport is practised which could lead one to be persuaded that it is not as offensive as he or the Garda Síochána make out. While the Minister has referred to the Garda Síochána, we have not seen a Garda report on this matter. In such circumstances, we do not know on what the recommendation to which the Minister refers is based or whether it represents an isolated view.

While the Fine Gael Party supports many of the elements of the Bill, I question the validity of this measure and recommend the amendment. I ask the Minister of State to clarify the rationale for criminalising this shooting activity in Ireland when it is a recognised sporting activity in other countries, specifically other member states of the European Union.