Joe Costello (Dublin Central, Labour)
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The Minister of State, Deputy Noel Ahern, is probably aware of the young student of the Dominican College Cabra, who is from Finglas in his constituency, who had a terrifying experience during the week when a banger was thrown at her, damaging her hand and neck to the extent that it is thought she will require plastic surgery.

Similar incidents of this nature occur every year. Fireworks, as he will be aware, are illegally imported into this jurisdiction and they are in the control and possession of young, irresponsible people for a period of up to two months in the run-up to Hallowe'en.

Explosions occur at all times of the day and night. The elderly are frightened of the loud bangs as well as the possibility of having an incendiary device put through their letter boxes. Pallets and tyres are collected for vast bonfires, again with no adult control.

In response, the Minister for Justice, Equality and Law Reform, Deputy McDowell, has spent the past four and a half years trumpeting various proposals he intended to introduce in his new Bill, the Criminal Justice Act 2006 — which at last has seen the light of day — and said that he would deal with the illegal importation, possession, sale and use of fireworks in it. His proposals involve nothing more than inserting a provision in the Criminal Justice Act which increases penalties for existing offences — possession, igniting, propelling and intent to sell or supply illegal fireworks without a licence.

There are no proposals whatsoever to synchronise the legislation in this jurisdiction with that in Northern Ireland and Great Britain, from whence almost all the illegal fireworks emanate. Neither has the Minister any plans to deal with the issue on the ground. He has no proposals for protecting the young and the elderly from injury like that experienced by the young schoolgirl to whom I referred. It is left to the local authority to organise meetings with the Fire Brigade, the Civil Defence and the Garda, who are under the Minister's control, to endeavour to put some co-ordinated approach together to address the issues of illegal activities and anti-social behaviour at this time.

It is high time the Minister for Justice, Equality and Law Reform began to realise that there are serious problems in the community and that they require more than the passage of legislation and a few ministerial soundbites. They require strong leadership from the Minister, which is not forthcoming, and a multi-agency co-ordinated plan of action on the ground that should be led by the Garda Síochána.

Noel Ahern (Dublin North West, Fianna Fail)
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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.

Joe Costello (Dublin Central, Labour)
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Halloween will be over before he starts.

Noel Ahern (Dublin North West, Fianna Fail)
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This advertising campaign will commence next week and will run up to Halloween.

Every effort is made by the Garda to identify persons involved in the illegal importation and sale of fireworks. Where necessary, specific policing plans are put in place in areas where 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 by the Garda to combat the illegal importation, sale and use of fireworks. This year an intelligence-led operation entitled Operation Tombola, which aims to prevent and detect the organised importation, for sale, of fireworks, has been put in place by the Garda Commissioner.

Joe Costello (Dublin Central, Labour)
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Where did he get that name?

Noel Ahern (Dublin North West, Fianna Fail)
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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 the Border region. The operation, while intelligence driven, is also coupled with sporadic high visibility policing activities. Operation Tombola commenced on 25 September 2006 and in the past week there have been 15 seizures of fireworks with an estimated value of €87,000. Over the past five years such operations have resulted in significant seizures of illegally imported fireworks with an estimated value of more than €2 million. All fireworks seized are forfeited by the person importing them and destroyed in accordance with the provisions of the Explosives Act 1875. The Minister is confident that this year, following the introduction of the new offences and penalties, the Garda operations will be even more successful in combating the illegal importation, sale and use of fireworks.

Joe Costello (Dublin Central, Labour)
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The Minister will dream on as usual.

Noel Ahern (Dublin North West, Fianna Fail)
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I refer to the question of the draft EU directive on fireworks, which is being discussed by the European Commission. The objective of the directive is to establish rules designed to achieve the free movement of pyrotechnic articles-fireworks throughout EU member states while, at the same time, ensuring a high degree of protection for the consumer.

Joe Costello (Dublin Central, Labour)
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The Minister is opposed to the directive.

Brendan Howlin (Wexford, Labour)
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He is a pyrotechnic article himself.