Written answers

Tuesday, 2 December 2014

Department of Justice and Equality

Firearms Licences

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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344. To ask the Minister for Justice and Equality if crime statistics are quoted when referring to legally held firearms being put forward; and if she will make a statement on the matter. [46187/14]

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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346. To ask the Minister for Justice and Equality her views on comments made regarding the review of the firearms licensing proposals (details supplied); and if she will make a statement on the matter. [46192/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 344 and 346 together.

I take it the Deputy is referring to the following passages from my Department's recently published Review of Firearms Licensing report:

"An Garda Síochána recorded 2,198 incidents involving a firearm between 2009 and February 2014. An Garda Síochána have also advised that between 2009 and 2013 there were 96 murders and one case of manslaughter recorded in which firearms were used.

In many such cases it is impossible to say (due to the fact that the firearm is often not recovered) whether the firearms used were firearms that had been licensed and subsequently stolen from their owners or whether the firearms were never in fact licensed. A total of 1,134 firearms have been reported stolen from their owners in the period 2010 to 2013 inclusive, of which 355 were stolen in 2013. A further 159 firearms have been reported lost in the same four year period, 53 of which were reported lost in 2013. The concerns of An Garda Síochána are also based in part on a forward looking assessment of the dangers of an atrocity being carried out with weapons primarily designed to kill human beings, as has unfortunately happened in other jurisdictions."

I think it is fair to say that this text from the report - which is based on information from An Garda Síochána - does not impugn law-abiding owners of licensed firearms in any way.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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347. To ask the Minister for Justice and Equality her views on court cases taken against the Garda in respect of the administration of the Firearm Act (details supplied); and if she will make a statement on the matter. [46193/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy will appreciate that firearms legislation provides for an appeal to the District Court where a firearms licence has been refused by An Garda Síochána. In addition, there have been a number of judicial review cases in this area in the context of persons whose applications for firearms licences have been refused.

The licensing of firearms is a Garda operational matter and each application is judged on its own individual merits and the decision on whether, or not, to grant a firearm certificate rests solely with the issuing person. The decision of the issuing person cannot be fettered in any way and I have no role in the matter. My paramount concern in this area is public safety. As the Deputy is aware, in light of public safety concerns highlighted by An Garda Síochána and difficulties in the interpretation of the legislation expressed by members of the judiciary, a joint Department of Justice and Equality / An Garda Síochána Working Group was established to review firearms licensing. The Report of this Working Group was published on 13 November and submissions on the Report have been sought from stakeholders and the public. The deadline for receipt of submissions is the 31st of January 2015.

The consultation process gives individuals and groups an opportunity to contribute to the development of firearms policy and legislation and will enable consideration to be given to the future direction of such legislation. I have already given a commitment that I will not make any final decisions until I have had the opportunity to consider all the submissions which are made and I have met the key stakeholders, including the organisations who represent those who use firearms for sporting purposes. I would now urge all concerned to engage with this process so that the views of all concerned can be considered before final decisions are made in relation to this matter.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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348. To ask the Minister for Justice and Equality her views on alleged breaches in 2008 of firearms licensing regulations (details supplied); and if she will make a statement on the matter. [46196/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I have asked the Garda Commissioner for a report on this matter based on the details supplied and will write to the Deputy when it becomes available.

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