Joe Costello (Dublin Central, Labour)
Link to this: Individually | In context

I am attempting to find out the plans of the Minister for Justice, Equality and Law Reform to tackle the annual epidemic of fireworks in the run-up to Hallowe'en. The Hallowe'en season is upon us and the annual sale, distribution and indiscriminate use of illegal fireworks, which often end up in the hands of young people, is in full swing.

Each year the Minister for Justice, Equality and Law Reform promises to introduce legislation to curb this illegal activity, but so far he has produced nothing. Unbelievably, it is now reported in the media that he is seeking derogation from a forthcoming European Union directive which aims to establish a common policy to regulate and control the sale, distribution and use of fireworks throughout the member states.

It appears everyone is out of step except the Minister. Elderly people are terrified in their homes and on the street, with bangers going off night and day. Young people, ignorant of the potential dangers of handling fireworks which are literally miniature explosives are liable to serious injury at any time. Two weeks ago, at the National Ploughing Championships, €365,000 worth of fireworks were seized by the Garda. At the Ballinasloe horse fair last week the Garda reported numerous fireworks seizures and horses were stampeded by sudden explosions of fireworks.

While fireworks are currently banned by law in the Republic they are available everywhere. They are not banned in Northern Ireland and the United Kingdom, while they are subject to restrictions on their usage. Surely the first step for the Minister for Justice, Equality and Law Reform is to contact his counterparts in Northern Ireland to put together and discuss a common policy to control and regulate fireworks on an all-island basis. Instead of seeking a unilateral derogation for this country, having got a common approach in Ireland, he should be able to argue a common European Union policy that would allow for common control and common regulation among all the 25 member states.

He should then make regulations so that local authorities would be obliged to take responsibility for good order in the communities for which they have responsibility in the run-up to Hallowe'en. They should play a proactive role in the organisation of safe firework events and alternative Hallowe'en activities for young people. For example, household junk collections should not take place in October or September as is the case in Dublin at present. This allows all sorts of inflammable materials to be collected. They are readily available to all young people who wish to get them ahead of the corporation trucks.

What is needed is a Minister for Justice, Equality and Law Reform who is prepared to show leadership on this issue and ensure we have safety and security throughout the country at Hallowe'en each year. We do not need a Minister who promises each year that he will do the devil and all with the end result that there is nothing to show for it and there is the same fear and threat to elderly people, particularly in housing estates and complexes throughout the country and the same danger to young people who have no proper knowledge on how to handle these explosive materials.

Síle de Valera (Clare, Fianna Fail)
Link to this: Individually | In context

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'——

Joe Costello (Dublin Central, Labour)
Link to this: Individually | In context

That is a very exotic title. I wonder where the Minister got it.

Síle de Valera (Clare, Fianna Fail)
Link to this: Individually | In context

——which aims to prevent and detect the organised importation of fireworks for sale, has been put in place by the Garda Commissioner. In this context, chief superintendents throughout the country have been instructed to introduce measures appropriate to their respective areas of responsibility with particular emphasis on Garda divisions in the Dublin Metropolitan region and in Border regions. The operation, while being intelligence-driven, is coupled with sporadic high visibility policing activities.

Over the past five years, such operations have resulted in significant seizures of illegally imported fireworks with an estimated value of €2 million. Already this year, as Deputies will be aware from recent media reports, "Operation Tombola" has resulted in the seizure of very large consignments of illegally imported fireworks. All fireworks seized are forfeited by the person importing them and destroyed in accordance with the provisions of the Explosives Act 1875.

I now turn to the question of the draft EU directive on fireworks, which is currently being discussed by the EU Commission. The objective of this directive is to establish rules designed to achieve the free movement of pyrotechnic articles-fireworks throughout EU member states while ensuring a high degree of protection for the consumer. The main thrust of the draft directive is to achieve the free movement of fireworks throughout the EU. While the directive makes certain provisions relating to safety, Ireland is not satisfied that the measures being proposed are sufficient.