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Ahern gun proposals miss target - Bill will not stem flow of guns to criminal gangs

Issued : Wednesday 20 May, 2009

'Urgent need for single, comprehensive, updated and consolidated code on Firearms'

As I have said earlier it is the Part of this Bill dealing with firearms that has been promoted by the Minister. My first reaction to the Minister's original statement was, I suspect, like that of most citizens: anything that restricts access by the criminal fraternity to firearms would be a good thing. It goes without saying that nobody committed to the rule of law would be against the control of guns. Every week, almost without exception, we wake up to the loss of life as a result of the use of guns by feuding gangland figures. The subliminal message from the Minister was that his new legislative proposals would tackle the availability of weapons to the criminal gangs.

In fact the Minister's proposals will have virtually no impact on the use of, or the access to, firearms by criminal gangs. Rather the Minister's Bill will have significant impact on those law abiding citizens, many in gun clubs, who hold licensed weapons in supervised conditions. However the evidence is that criminals do not get their hands on guns used by such clubs. We have the Minister's own word for it in answers to parliamentary questions. Sporting and gun clubs are not the source of guns for criminal gangs. The Minister's replies to parliamentary questions show that there is no credible evidence to link legally held handguns with crime of any kind.

A relatively small number - about 1 per cent - of the firearms in the country are legally held handguns in the possession of sporting clubs in rigorously prescribed conditions after the license holders are vetted by An Garda Siochána. These particular firearms are held for the purpose of participation in legitimate legal sporting disciplines and international competition. Some individuals have more than one handgun licensed, because different sporting disciplines require a different type and calibre of handgun. Taking all this into consideration, we are probably dealing with approximately 500 to 600 individual handgun license holders, and not the proliferation of handguns that is suggested.

The question is whether there is any evidence that some of these pistols find their way into the hands of the criminal fraternity? As recently as April 22nd, the Minister for Justice told the Dail that 31 handguns were recorded as stolen since 2004 but that "it is not possible to say precisely how many formerly legally held handguns have been used in criminal offences."

Subject to correction by the Minister, it appears to be the case that there is no evidence to show that legally held handguns, or stolen legally held handguns, have been used in the commission of any crime. The Labour Party fully supports the law being brought up to date in the matter of licensing of firearms, their security and their use. We do not support, however, measures purportedly introduced to tackle crime being used instead to put legitimate sports clubs out of business. Handgun target shooting sports in Ireland is not insignificant as a sport and is a dimension of indigenous rural business in some counties. If there was evidence that any of the handguns used in any of the 40-odd shooting ranges were finding their way into the hands of the criminals using firearms in our estates and on our streets, then Labour would support the banning of handguns. But we don't have that evidence.

On closer scrutiny of this part of the Bill it would appear that the manner of framing of critical sections is a knee jerk reaction by the Minister for Justice following recent shooting tragedies especially in Limerick. The spin being put out by agents of the Minister is to the effect that he is taking tough action on gun control which will help put the feuding gangs out of business. On closer scrutiny it is clear that the principal casualties of the Bill will be law abiding citizens who use licensed handguns for legitimate sporting purposes. This part of the Bill therefore requires a fundamental rethink and revision.

Laws are cheap and so is the publicity for Minister but what is also needed is investment in the service that enforces those laws. Garda numbers were set to reach almost 15,000 by the end of 2009. But because of early retirements and drastically reduced recruitment this figure will not now be reached. Reforms are desperately needed in the Minister's department to bring the numbers back up. We desperately need Gardaí walking the beat, visible on public transport, visiting schools. We need Gardaí visible in communities they know and serving people they know, can make a real impact on crime and anti-social behaviour.

It is also to be regretted that the Justice Minister has ignored the opportunity to respond to High Court criticism of the hotch potch nature of our law on firearms. The Court as recently as July 4th last criticised the piecemeal spreading over multiple pieces of legislation of the statutory rules for the control of firearms was undesirable and that codification in this are was almost as pressing as it is in the area of sexual violence. Instead this Bill proposes to make further extensive amendments to our firearms control laws and will exacerbate the piecemeal and fragmented nature of this important area of the law.

Fragmented laws and untracked amendments can result in errors on the part of both the prosecution authorities and defence lawyers and to the subsequent misapplication of the law by the Courts. This is apparent from a decision of the Court of Criminal Appeal given on March 24th where the Court declined to follow a previous decision that was based on the interpretation of a statutory provision that had in fact been effectively repealed and replaced at the time the decision was pronounced. What the Minister ought to be bringing before the House today is proposals for the necessary reform of the Firearms Acts into a single, comprehensive, updated and consolidated code.

ENDS

Contact Pat Rabbitte - 01-618-3980

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