Síle de Valera (Clare, Fianna Fail)

The Minister for Justice, Equality and Law Reform regrets that he cannot attend the Adjournment debate here this evening.

The Minister is fully aware of the difficulties the illegal use of fireworks present each year around this time, the dangers they pose and the distress they cause to people, particularly the elderly. Conscious of this, last February, the Minister published a "Fireworks Policy Consultation Document" and initiated a process of consultation with a view to bringing forward proposals for amending and strengthening the provisions in the Explosives Act 1875 which govern fireworks.

The 1875 Act provides for control of the importation, manufacture, storage and sale of fireworks. While current Irish law on fireworks does not specifically ban the importation, manufacture, sale or use of fireworks, it is Government policy in the interests of safety and security to restrict to the greatest extent possible, the availability of any category of firework to the general public. Effect is given to this policy through the use of the licensing powers conferred on the Minister for Justice, Equality and Law Reform by the 1875 Act. The Act provides that fireworks may only be imported into Ireland on foot of an importation licence granted by the Minister. It is current policy to only issue licences for the importation of fireworks used in organised displays, conducted by professional or competent operators. In effect, this policy means that the only fireworks imported into the State and legally held here are those used in professional displays. All other fireworks imported, held, sold or used here are illegal and any person in possession of fireworks without a valid importation licence is liable to prosecution.

The Minister has received a wide range of submissions in response to the "Fireworks Policy Consultation Document". It is clear from these submissions that among the options for change outlined in the consultation document there is a general acknowledgement of the need to strengthen the enforcement provisions in the 1875 Act. Accordingly, the Minister proposes to take the opportunity presented by the Criminal Justice Bill 2004 which is currently before the House to bring forward on Committee Stage of that Bill, amendments which will provide for new offences governing the misuse of fireworks in public places and an offence of possession of illegally imported fireworks with intent to supply. He also proposes to significantly increase penalties governing the illegal importation, sale and use of fireworks.

In so far as the seizure of fireworks by the Garda authorities is concerned every effort is made by the Garda to identify persons involved in the illegal importation and sale of all types of fireworks. Where necessary, specific policing plans are put in place in areas where particular problems arise. These plans include intelligence-gathering on known dealers and suppliers and, once identified, putting plans in place to arrest them and seize their stocks of illegal fireworks. Each year, leading up to Halloween, special efforts are made to combat the illegal importation of fireworks. This year, an intelligence-led operation called 'Operation Tombola'——

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