Seanad debates

Tuesday, 25 November 2014

Adjournment Matters

Firearms Licences

6:45 pm

Photo of Paschal MooneyPaschal Mooney (Fianna Fail) | Oireachtas source

I welcome the Minister of State, but I am disappointed that the Minister for Justice and Equality, Deputy Fitzgerald, is not present to take this particular motion on the Adjournment. Earlier today many Members of both Houses visited a lobby organised by the sports coalition in Buswell's Hotel, across the road from the House. In the course of the presentations made by various individuals, led by the very able CEO of the National Association of Regional Game Councils, Des Crofton, it became apparent that this is a serious issue.

The wording of the motion is slightly incorrect in that "Garda inspectors" should actually read "Garda superintendents" and the reference to section F of the Garda Commissioner's guidelines should actually refer to annex F of the Garda Commissioner's guidelines. These are my errors, not those of the Seanad office.

I also wish to declare an interest in that I am a nominee of the National Association of Regional Game Councils, so I have more than a passing interest in their activities.

I and other colleagues at this meeting listened to words like "offensive to sports enthusiasts across the country", to "lack of confidence in the Garda Síochána", and "using the argument of defending the country against criminal elements", which made that comment even more deeply offensive to sports enthusiasts. Anybody would have to respond to it and find out exactly what is going on.

At the core of this is a strong sentiment among the sports coalition that the Garda is out to get it. It has no confidence in the Garda because of ongoing and recurrent court cases and appeals against gun licence applications through the years, which are still before the High Court, and because the Garda itself has initiated this review of the firearms Acts, with the acquiescence of a pliant Department of Justice and Equality, to target sports enthusiasts by using the cover of criminal elements. It referred, for example, to the 1,000 plus guns that have been recovered by the Garda Síochána, implying that these had come from the sports community when in fact it was pointed out to us that most of these guns had been stolen from gun dealers and in other cases they were discarded guns, and also that every licensed gun owner in this country is legally obliged to report stolen guns anyway. The point was also made that the Criminal Justice Act 2006 covered many of the instances that are now being raised again by the Garda in terms of protection of the general public and laid out the criteria which must be complied with by licensed gun owners, which gun owners are doing and have been doing at considerable cost to themselves.

The most insidious part of this has been the allegation that Garda superintendents in some parts of the country are denying licence applications under annex F of the Garda Commissioner's guidelines. This means, in effect, that they have evidence - and they have named the individuals concerned in correspondence to the Minister for Justice and Equality - that applications for 0.22 small-bore gun licences have been turned down by Garda superintendents in certain parts of the country, using the excuse that a change in the law is imminent when there is no evidence to indicate that this is the case.

The review has not even got to that point. The line I emphasise strongly is that despite continuous engagement between Mr. Des Crofton, representing the sports coalition, and the Department of Justice and Equality, until very recently the latter was paying lip service to the concept of consultation. It has now agreed that there will be further consultation but this must be real and not just submissions. It must be face-to-face meetings across the table with the people who are most relevant in the argument and who will be impacted to a larger extent than the general public if the review recommendations are to be implemented.

The bottom line is that there is no need for the review to take place in the context of attempting to protect the general community from criminal elements. It is a spurious argument and the sports coalition, if given the opportunity to have face-to-face engagement with the Minister, would be more than happy to point out the reasons that is. It is being used by gardaí who the sports coalition believes are trying to get their own back on sports enthusiasts across the country for taking the Garda Síochána to court in various instances. The Garda continues to have to face court action over gardaí going into the witness box to give evidence that, within the context of Seanad privilege, I note is questionable.

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