Terence Flanagan (Dublin North East, Independent)
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391. To ask the Minister for Justice and Equality her views on correspondence (details supplied) regarding firearms legislation; and if she will make a statement on the matter. [30167/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy has raised a number of questions in relation to the accuracy of statistics on stolen firearms provided from the PULSE system and the impact of this in relation to decision making. The Deputy will be aware that following a detailed analysis of PULSE data in relation to the recording, classification and reclassification of crime, the CSO has recently resumed publication of the quarterly crime figures, along with an analysis of how the issues identified in the Garda Inspectorate Report on Crime Investigations impact on the production of these statistics. The analysis carried out by both the CSO and the Garda Inspectorate has identified common issues of concern in relation to Garda crime recording processes and systems. A significant number of these relate to ICT issues and some of them are specifically in relation to PULSE.

The Garda Commissioner has taken a number of steps to respond to the concerns identified in the Inspectorate report, including the establishment of a new Data Quality Team in the Garda Information Services Centre (GISC), as well as measures to strengthen PULSE governance arrangements. These measures form part of broader steps to take forward the Inspectorate’s recommendations, including plans to upgrade and improve the technology for recording of crime and policing activity.

The compilation and publication of crime statistics is a matter in the first instance for the Central Statistics Office, as the national statistical agency. The CSO is currently carrying out a detailed analysis of certain issues raised by the Inspectorate in relation to the recording, classification and reclassification of crime, to see whether and to what extent they may have implications for the crime statistics which that Office produces. I understand that substantial work has been carried out on this project since the report's publication, and that this work is ongoing. In addition, the CSO has also agreed to chair an expert panel to examine the Inspectorate's recommendations on crime statistics. The expert panel will review the crime counting and detection rules, as recommended by the Inspectorate, with a view to introducing new national standards

On the question of compensation and the possession of a firearm being a privilege, I wish to refer the Deputy to Section 13 of the Working Group report on the Review of Firearms Licensing which was published in November 2014.

To quote from section 13:

"In Magee V Murray (2008, Judge Birmingham) it is stated in summary: “The possession of every firearm is illegal unless authorised by law. The possession of a firearm is not a right, but it is a privilege...”.

A similar view was expressed in McCarron V Kearney by Charleton J. (High Court, 4 July 2008)."

Section 13 also notes that the Courts have taken the view that what is in the State’s gift cannot be required to be compensated if it is withdrawn. For example, in Gorman v Minister for the Environment (2001, Judge Carney) it was held that the absence of compensation for permitting the issuance of taxi licences to anyone qualified was constitutional.

Finally, insofar as consultation with the Attorney General in relation to legislative changes is concerned, I can confirm to the Deputy that any legislative changes are subject to consultation with the Attorney General.