Seán Fleming (Laois, Fianna Fail)
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98. To ask the Minister for Justice and Equality if the fire arms Directive has been implemented here (details supplied); and if she will make a statement on the matter. [8305/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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On 18 November 2015, the European Commission proposed a revision of the Firearms Directive (Directive 91/477/EEC as amended by Directive 2008/51/EC). Political agreement was reached on the draft Directive in December 2016. The text was endorsed by the European Parliament’s Internal Market Committee on 26 January 2017 and is due to be voted by the full Parliament in March, and if passed, will then formally be approved by the Justice and Home Affairs Council.

The Firearms Directive allows the Commission to adopt standards and rules on the deactivation of firearms. The Commission Implementing Regulation (EU) 2015/2403 of 15 December 2015 (Deactivation Regulation) establishes common guidelines on deactivation within the EU with the objective of addressing problems due to the illegal re-activation of firearms by using pieces of other deactivated arms, home-made pieces or pieces acquired via the internet.

This Regulation sets out common and strict minimum criteria for the way EU countries must deactivate weapons so that they are rendered irreversibly inoperable. This Regulation came into effect on 8 April 2016 and has direct application within this jurisdiction. It is important to note that the Regulation permits both firearms owners and registered firearms dealers to carry out the work required to render the firearm irreversibly deactivated in accordance with the regulation. The firearm must then be submitted to any one of the current [46] national competent authorities within the EU for verification and certification.

Ireland has not appointed a Competent Authority to verify the deactivation of firearms in accordance with this Regulation because there is no significant firearms manufacturing industry in this country and no formal training for a gunsmith is recognised by the State. However, the Department of Justice and Equality has received statements of interest from twelve interested parties who wish to be assessed to be appointed as a Competent Authority for the verification of the deactivation of firearms under the regulation. As the Regulation is currently being revised by the European Commission, these interested parties have been advised that the Department does not propose to progress their applications until the amended text has been agreed and approved by the Commission. In the meantime, the Birmingham Proof House has been approved by UK authorities to verify the deactivation of firearms in accordance with the Regulation and they have indicated their willingness to undertake such verification work for Irish customers.

The possession of any firearm, even after deactivation, will continue to require authorisation by An Garda Síochána.