There is a lack of consistency in the application of the gun licensing code, partly because there are no published guidelines, writes Des Crofton
One of the less reported aspects of the Barr tribunal report - but one of huge importance - concerns module 6 which addressed what changes might be appropriate to the firearms licensing code in light of the fact that John Carthy, despite his mental condition, continued to hold his shotgun licence with the approval of his local Garda superintendent. Was the superintendent entitled to withhold the licence despite the representations from John Carthy's medical consultant? I believe he was so entitled, as the superintendent is the persona designata under the Firearms Act and the legislation would have supported him in such a decision. He is not obliged to accept any representation whatsoever, medical or otherwise.
One of the fundamental issues affecting the Irish licensing code, which emerged during evidence given by me on behalf of the National Association of Regional Game Councils (NARGC), and the evidence of Supt Lyons for the Garda, and which was accepted by the tribunal, is the lack of consistency in the application of the licensing code. Linked to this is the absence of published guidelines to assist superintendents in the exercise of their statutory discretion under the Acts. This is in stark contrast to the licensing codes in comparable jurisdictions examined by the tribunal.
Justice Barr found that the absence of guidelines militates against consistency and uniformity in the processing of gun licences. This weakness in the Irish system had long before been identified by the association and was included as part of its submission to the tribunal.
A critical number of Garda superintendents simply do not know the provisions of the firearms legislation which they are statutorily obliged to administer. This absence of knowledge can easily be gauged by the fact that over 60 High Court challenges have been mounted by the National Association of Regional Game Councils in the past few years against licensing decisions of a number of superintendents.
Of those which have been dealt with by the courts, all have gone against the Garda, with the taxpayer picking up the tab. On current form, if all existing cases go the full distance, the final estimated cost to the taxpayer will be €5.5 million.
While the tribunal did not hear about the court cases, it did hear much about the weaknesses in the licensing system. The fact that these weaknesses were being identified by the country's largest representative body for shooting was not lost on the tribunal. It is not surprising therefore, that the Barr tribunal has made a number of critical recommendations on the future structure of firearms licensing which very much support the NARGC viewpoint.
The principal future licensing recommendations are:
1. That the application form for a firearms licence should be redesigned to incorporate a question which inquires of the applicant whether he/she has ever been treated for mental illness or depression.
2. Justice Barr does not recommend that there be a statutory obligation on family members, medical practitioners or legal representatives to inform the authorities of any matter relating to the mental health of a firearms licence-holder.
3. The report recommends that there should be a statutory right of appeal against refusals by superintendents for firearms licences and that the appeal system should be to the District Court.
4. In the interests of avoiding inconsistency in rulings on licensing applications, Justice Barr strongly recommends that appropriate guidelines should be devised for the benefit of both shooters and superintendents.
5. He recommended that an officer of chief superintendent rank or higher should have overall Garda responsibility for the scheme relating to the issuing and renewal of gun licences and for that officer to liaise with superintendents and with the NARGC.
6. It was recommended that each issuing superintendent should meet, not less than twice each year, representatives of all local gun clubs in their respective areas for the purpose of considering any problems which might exist regarding gun licensing in the district.
7. At a higher level, Justice Barr recommended that the chief superintendent or superior officer, who has overall Garda responsibility for gun licences, should meet a delegation from NARGC at least once a year. (The recommendation to meet clubs and the NARGC is largely about developing an early warning system on potential problems.)
8. Before a full firearms licence is issued, an applicant should demonstrate competence in the use of the type of firearm for which the licence is sought. The tribunal accepted that NARGC could provide the appropriate professional instruction and certification.
9. It is imperative that the Garda Síochána and NARGC should collaborate on establishing an appropriate firearms safety course of instruction.
10. It should be a condition that the firearms applicant should have accommodation for the safe storage of firearms.
Justice Barr was in no doubt that the responsible shooting community, represented by NARGC, should be an indispensable partner for the Garda in ensuring public safety in the future structure of the firearms licensing code. In fact, he concluded that his recommendations are matters which require urgent consideration by the Minister and Garda Síochána in collaboration with the various interested parties in Ireland, "in particular the NARGC".
The challenge now for the Minister for Justice and the Garda Commissioner is to recognise reality and accept the help that has been on offer to them for many years. All political parties should be at one on this issue. None of the Module 6 recommendations are controversial and neither are they disputed. Therefore, they should be welcomed by all.
Some of Justice Barr's recommendations have already been addressed in the firearms amendments contained in the recently enacted Criminal Justice Act. But the jury is still out on the crucial ones concerning consultation.
The importance of consultation with the shooting associations was also recognised in Britain by Lord Cullen in his tribunal of inquiry into the Dunblane disaster and also by Justice Thorp's findings in New Zealand into the shooting of two people by police.
NARGC is ready and willing to play its part. It has already sought a meeting with the Department of Justice. Will the Minister and Commissioner pick up the ball and run with it? Who knows? The Garda reaction to the tribunal report has not been encouraging thus far.
Des Crofton is director of the National Association of Regional Game Councils (NARGC) which has 25,000 members in 1,000 gun clubs