A High Court judge yesterday issued orders setting out the conditions under which gun licences may be issued to visiting sports people.
Mr Justice Quirke issued the order to give effect to his judgment delivered last month in favour of the National Association of Regional Games Councils and against the Ministers for Justice and the Arts, Heritage, Gaeltacht and the Islands.
On June 12th the judge found that the procedures adopted in deciding whether to hand out gun licences to non-resident sports people coming into Ireland were insufficient for the Minister for Justice to discharge the obligations imposed on him by the 1925 Firearms Act.
The judge also found that the Minister for Arts, Heritage, Gaeltacht and the Islands carried out no investigation in relation to an application for a hunting licence, and had made no inquiries in the country of the applicant or elsewhere.
Since the judgment, emergency legislation to deal with the situation has been rushed through both Houses of the Oireachtas and is currently before the President for signing.
In the High Court yesterday, Ms Mary Finlay SC, for the National Association of Regional Game Councils, secured an order declaring that prior to the issue of a gun certificate to non-resident tourist shooters, the Minister for Justice is obliged to satisfy himself that the applicant is the holder of a current firearms licence.
The Minister must also be satisfied the applicant has good reason for acquiring the firearm for which the certificate is being applied; can be allowed have a gun without a danger to public safety or to the peace, and is not disentitled to hold a firearms certificate under Section 8 of the Firearms Act.
The order states the procedures adopted by the Minister for Justice were ineffective to enable him to discharge his obligations under the 1925 Firearms Act as amended.
The order also declares that the procedures adopted by the Minister for Arts, Heritage, Gaeltacht and the Islands are insufficient to enable adequate discharge of the obligation imposed upon her by Section 29 (3) of the 1976 Wildlife Act to have regard to the suitability of the applicant in view of the conservation requirements of the same Act.
Ms Finlay said that since the judgment the Oireachtas has passed amending legislation. But the court should not have regard to that in making the present order which referred to procedures still in being.
Mr Gerard Hogan SC, for both Ministers, confirmed the passing of new legislation and said the measure was before the President.