Written answers

Wednesday, 17 December 2008

Department of Justice, Equality and Law Reform

Crime Levels

8:00 pm

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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Question 316: To ask the Minister for Justice, Equality and Law Reform the number of legally held guns and pistols that have been licensed by the Garda authorities since the ban on such guns was lifted in 2004; the number of legally licensed hand guns or pistols that have been reported as stolen since the ban on such guns was lifted; the reason behind his recently announced proposal to again ban the holding of such licensed guns; and if he will make a statement on the matter. [46729/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Garda Commissioner informs me that 31 legally held handguns have been stolen since the start of 2004. As the Deputy is aware, for over 30 years prior to 2004, it was policy not to license handguns in this jurisdiction. Following a series of judicial decisions, that is no longer the case and approx. 1,800 handguns have been licensed since then. This was not the result of a considered or deliberate public policy decision. While, thankfully, violence related to the troubles in the North has largely been brought to an end we are now faced with a gun culture operating in criminal gangs. It is a matter of great regret that the activities of criminal gangs should impinge on the interests of law abiding licensed firearms owners but I cannot overlook the fact that the overall level and kind of licensed firearms prevalent in the community is relevant to the prevention of crime, in the same way the prohibition on handguns was considered appropriate from the early seventies on.

I have been conscious too of the remarks of Mr. Justice Charleton in a recent judgement that a reasonable person is entitled to feel alarmed at the proliferation of handguns. I am aware too of calls made by members of the Oireachtas from a number of parties to address this situation. I am aware that some people have a strongly held view that once they are of good character and make the necessary secure arrangements for the storage of their firearms they should be free to have firearms of any kind licensed to them. I feel that that would represent an unacceptable situation where our gun laws could mirror those of countries such as the United States and that, if the present situation continued unchecked, this would happen.

It was against this background that I directed my Department and An Garda Síochána to carry out an urgent and intensive review of the firearms law. Proposals arising from that review will be reflected in a Criminal Justice (Miscellaneous) Provisions Bill which will be published shortly. My proposals for reform in this area include a ban on issuing new licenses for handguns, although there will be limited exceptions in relation to Olympic sports. Those who have licenses already can, when they are due for renewal, apply to have them renewed under a new licensing procedure where the safety of the community will be paramount. Together with the Garda Commissioner I will keep under annual review the outcome of the licensing procedure and, if the outcome leaves a situation which still poses an unacceptable risk to the community, will use new powers to ban particular types of firearm. There have been suggestions in some quarters that this move arose, in some way, as a response to recent gangland crime. It did not.

I have been on record for many months saying I was looking at this issue, especially in light of Judge Peter Charleton's remarks in July. I felt that it was incumbent on me and the Oireachtas to respond to his views. Otherwise in the light of tragic incidents the public would correctly ask the question: Why, when they were warned, did the politicians not do something about it? I am aware that the vast majority of licensed firearms holders pursue their interests legitimately and I am conscious too that many of them deeply resent any connection that is made to the issue of licensed handguns in the context of our crime problem. But as Justice Minister I cannot avoid the reality that the overall number of weapons in circulation and the type of those weapons can add to a gun culture which I do not believe is acceptable. My proposals for reform in this area represent a balanced approach and it is important to stress that these proposals will not impinge on the vast majority of licensed firearms holders. While any inconvenience caused to those who will be affected by the proposals is, of course, regretted I am satisfied that my proposals will be in the public interest.

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