Joe Costello (Dublin Central, Labour)

This matter relates to the need for the Minister for Justice, Equality and Law Reform to take steps to prevent the placing of advertisements in the Border region of the Republic in respect of the sale of illegal fireworks in Northern Ireland. I raised the issue of the sale of illegal fireworks in this jurisdiction approximately two weeks and made some suggestions as to what the Minister should do. He subsequently made an announcement regarding the 2006 Act and the advertising campaign. I did not, however, realise the full extent of the problem and the ineffectiveness of the Minister's response until I was travelling between Donegal and Dundalk a week ago, when I had the opportunity to observe the disastrous situation that arises when the law in one jurisdiction is the opposite to the law in the neighbouring jurisdiction.

In the Republic, it is an offence to possess a firework with intent to sell or supply under the Minister's new Criminal Justice Act 2006. Moreover, it is an offence to light an unlicensed firework. The penalty for each of these offences is a fine of up to €10,000 or five years imprisonment, or both. The simple possession of a firework attracts a €10,000 penalty. These are severe penalties. Across the Border in Northern Ireland, however, unlimited quantities of fireworks are legally on sale in bona fide retail outlets and in wholesale warehouses. I saw no Garda presence of any sort along the Border to deter purchasers from the Republic crossing into the North or to confiscate their criminal cargo on their return.

To further underline the stupidity of the situation, there were hoardings and signposts erected in the Republic advertising the illegal goods available for sale legally in the neighbouring jurisdiction. The Minister's new penalties and offences in the legislation ring very hollow, particularly as he has not taken steps to ban the advertising of illegal goods along the Border or to increase patrols to deter purchasers or confiscate illegal goods from motorists returning to the Republic. Most important, he has not taken steps to discuss with his counterparts in Northern Ireland the illogicality of having diametrically opposed legal positions on the possession and use of fireworks in the two jurisdictions. The only solution to the annual explosion of fireworks in the run up to Hallowe'en is to bring forward proposals to synchronise the legislation on an all-Ireland basis. Either fireworks should become legal under strict controls in both jurisdictions or they should be banned in both jurisdictions.

Last year in Northern Ireland there was a whopping 56% increase in injuries involving fireworks and there is a campaign afoot in schools there to reduce accidents this year. There is a strong case for banning them in both jurisdictions. It is high time an effective approach was agreed so that elderly people will not be obliged to dread the imminent arrival of Hallowe'en and that parents will not be worried about injuries to their children from dangerous explosive devices in the hands of irresponsible people.

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