Noel Ahern (Dublin North West, Fianna Fail)

The Tánaiste and Minister for Justice, Equality and Law Reform, Deputy McDowell, is fully aware of the difficulties which 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. In recent days we have been reminded of the serious danger fireworks pose with the injury of a young girl in Finglas. The Tánaiste and I take this opportunity to extend our sympathy to the young girl and her family and wish her a speedy and full recovery.

Conscious of the dangers which fireworks present, the Tánaiste introduced a number of amendments to the Explosives Act 1875, which governs fireworks, in the Criminal Justice Act 2006. These amendments 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. They also provide for significantly increased penalties governing the illegal importation, sale and use of fireworks. It is an offence for a person to possess a firework with intent to sell or supply without a licence, to throw an ignited firework at a person or property and to light unlicensed fireworks in a public place. The penalty for such offences is a fine of up to €10,000 or five years imprisonment, or both. The simple possession of fireworks without a licence is also an offence for which a person may be liable to a fine of up to €10,000.

The 1875 Act provides for the control of the importation, manufacture, storage and sale of fireworks. While current legislation 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 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 Act, which provides that fireworks may only be imported into Ireland on foot of an importation licence granted by the Minister. It is current policy only to issue licenses for the importation of fireworks used in organised displays conducted by "professional-competent operators". This policy means that the only fireworks imported into the State and "legally held" are those used in professional displays. All other fireworks imported, held, sold or used in this country are illegal and a person in possession of fireworks without a valid licence is liable to prosecution.

Last year the Minister commissioned research into the public's attitude to the control of fireworks and his proposals to strengthen significantly the penalties for their illegal use. The general conclusion of the research was that the public generally favours the current policy of prohibiting importation of fireworks for sale and strongly supports the proposals for increased fines and penalties. The Minister is about to embark on a nationwide advertising campaign aimed at highlighting the dangers of fireworks and the new increased penalties for their illegal use.

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