Countryside Alliance Ireland - love the countryside

A submission by Countryside Alliance Ireland to the Department of Justice Regarding Section 30 (Firearms Amendment)of the Criminal Justice Bill

1.Introduction

Countryside Alliance Ireland is an expert and informed rural campaigning organisation, representing 15,000 people, the majority of whom participate in at least one form of shooting sports. Countryside Alliance Ireland and our members therefore have a deep interest in this consultation and in the implications of section 30 of the Criminal Justice Bill.

Countryside Alliance Ireland is a responsible organisation and we believe that the development of fair and reasonable firearms laws and their transparent and consistent application is important in terms of enabling Ireland's many responsible firearms users to participate in an important form of recreation and enjoy its associated benefits. Shooting sports have well established benefits for people as well being a significant component in the sustainable management of our countryside and an important economic resource.

From the outset, we would stress that our approach in relation to our firearms laws and the licensing process, is to strike an appropriate balance between the legitimate aspirations of responsible firearms users and the safety of the wider public. This will be our approach in responding to this consultation also.

Countryside Alliance Ireland welcomes any attempt to target the criminal misuse of firearms. However, we would emphasize that there is no relationship between the ownership of legally held, sporting firearms and armed crime. Therefore any attempt to regulate any aspect of legitimate shooting sports, under the terms of legislation aimed at addressing serious criminal activity is not only flawed but also highly offensive to Ireland's responsible sporting shooters.

Experience in a number of other countries and in Britain, in particular demonstrates that the only way to reduce armed crime is to restrict the availability of illegal firearms which sadly, appear to be readily available in many large urban areas. For example, in 1997 following the Dunblane tragedy, the British government passed legislation prohibiting the possession of all handguns for sporting purposes; the net result has been a surge in the availability of illegal firearms, resulting in record levels of armed crime.

2.Firearms Safes

Countryside Alliance Ireland also supports any reasonable measures aimed at ensuring the safe storage of legally held sporting firearms so as to prevent their accidental use. In this context we would support a requirement for a firearms safe to be installed in an applicant's home prior to the issue of a firearms license provided this is addressed within the terms of a Firearms Amendment Bill. Such a step is likely to be widely supported by the shooting community and their representative bodies whereas Section 30 of the Criminal Justice Bill will be bitterly opposed in many quarters.

Additionally, firearms safes should be regarded as a useful means to enhance safety in the home; their value in reducing armed crime is questionable, as they can be stolen in tact, or the owner forced to open them under duress.

3.Amendments at Committee Stage

Countryside Alliance Ireland is concerned to learn that the Minister for Justice may bring forward further amendments to the Firearms Act 1925 at the committee stage of this Bill. Such amendments will not have been properly consulted upon and therefore responsible shooting organizations and their members will have denied an opportunity to make an important contribution. Indeed we are disappointed with the extent of consultation on the entire Bill, and would emphasize that the way to make good, effective legislation is to consult fully with the relevant stakeholders. Collectively, responsible shooting organizations possess considerable expertise on the safe use of sporting firearms and they must be given an opportunity to contribute in a meaningful way.

4.Secure Accommodation

The intention of Section 30 of the Criminal Justice Bill is to permit the licensing authority to take into account the ‘secure accommodation' of a particular sporting firearm, within the context of an application for a firearms license. However, the absence of a clear definition for the term ‘secure accommodation' is a serious weakness in the Bill, which may lead to inconsistent application and unfair and unnecessary delays in the licensing process. Moreover this omission makes Section 30 pointless.

Additionally Countryside Alliance Ireland would like to see detailed guidance to an Garda Siochana on how the inspection of ‘secure accommodation' should be carried out. We believe that there should be strict rules attached to the right to enter a law-abiding citizen's home. This will have the dual benefit of reassuring applicants for a firearms license that their rights as an individual, under the constitution are respected and at the same time assisting an Garda Siochana in ensuring that a consistent and informative approach to home inspections is taken.

5.Additional Submission

It is our view that Ireland's firearms laws are outdated and in need of fundamental reform. We would strongly suggest that the Department of Justice immediately commences a comprehensive review of the Firearms Act 1925, inviting submissions from all interested parties. In recent years shooters and their representative bodies have had to address their grievances with the interpretation of our firearms laws, and their implementation through the courts. A proper, open and wide-ranging review would remove much of this confrontation, replacing it with instructive and informed dialogue.

The need for review and reform of our firearms legislation is overwhelming. For example, Countryside Alliance Ireland maintains that the Firearms Act 1925 be amended to provide for a lower age limit for the supervised use of certain sporting firearms. This would allow for the training and education of future applicants in the safe handling of firearms, their obligations under the applicable acts and the proper maintenance of firearms, which is itself, a safety issue. The situation at present does not allow for any instruction of young future applicants in best practice. This is in contrast to what applies in most other European jurisdictions.

It is submitted that such a provision could be conditional on the supervision of the young person being carried out by a suitably experienced or qualified person on a one to one basis. This would pose no danger to any person or property. We submit the appropriate age limit should be 12 years for supervised instruction while the qualifying age for obtaining a licence remain at 16 years.

6.Summary

Countryside Alliance Ireland is pleased to assist the Department of Justice in this consultation and hope that our comments are of assistance. We would also be pleased to further discuss any points we have raised in more detail or to provide any additional information that the Department may consider helpful.

We strongly recommend that the proposed amendments being brought forward in Section 30 be instead pursued through a firearms amendment bill, and within the context of a wider review of the firearms acts. This would enjoy the popular support from within the shooting community and make for better more effective legislation.