Dáil debates

Wednesday, 16 September 2020

Saincheisteanna Tráthúla - Topical Issue Debate

Anti-Social Behaviour

2:20 pm

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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The daily and nightly misuse of fireworks is a menace in our communities. Throughout the country and particularly in Dublin, there has been an unprecedented level of use. With Hallowe'en more than a month away and no sign of their use abating, I shudder to think what we are in for. There have been many cases of fireworks having been thrown at people, animals, cars, buses and shops, resulting in injuries and damage. I have been told by vets that they have seen increasing numbers of dogs, cats and other animals having been injured and suffering high levels of stress and anxiety.

Some recent incidents include one in Ballymun, where a rocket was fired into the back garden of a house, which resulted in a pet dog receiving serious injuries, or another in Ringsend, where a number of days ago a young person was hit in the face with a rocket, resulting in her needing hospital treatment. There was still another incident in Finglas, where a firework was directed at the face of a child, who also received serious injuries. These are just a few examples of what has become a daily practice in our communities. It seems to many people that the strength and power of these fireworks is far greater than we experienced in the past. As the Minister of State will be aware, while this is a problem that can be found throughout Dublin, it is most prevalent in mainly working class districts, although it is not exclusive to them.

The sale, possession or use of fireworks is illegal, and the Garda has the powers to confiscate fireworks from anyone who does not have the necessary authorisation or permit to possess them. Their seemingly endless supply, however, suggests this is just not happening. Older residents who are cocooning feel trapped. They cannot escape the endless grating racket of exploding bangers and rockets. Those who have highly trained service or assistance dogs fear for their dogs' well-being. Autism companion dogs, for example, act as a constant companion to children with autism in their home environment. They give the child a sense of responsibility, reassurance and support, and help to control and improve his or her behaviour. They help to promote calmness and act as a safety aid to the parents. Children with autism are particularly susceptible to noise and any disruption to their already difficult lives, and this causes no end of anxiety and stress.

The number of community gardaí in the Dublin metropolitan region dropped from 508 in 2010 to 278 in July 2020, a 55% drop in numbers. On top of this, since Covid-19 began, community gardaí have been instructed not to work past 7 p.m., which is ridiculous. Operation Tombola has, supposedly, been ongoing since 4 September, despite the clear indicators that this problem has been ongoing since July. At its monthly meeting, Dublin City Council passed an emergency motion urging the Garda to use its full powers to combat this problem, which include laws on the possession of illegal fireworks and their use to commit assault. The council is calling for the Garda Commissioner and the assistant commissioner for the Dublin metropolitan region to release adequate resources, including the removal of the overtime ban, to ensure gardaí respond swiftly and adequately, that a task force involving gardaí, council officials, emergency services and councillors be set up and that transport services also be included, given that bus and rail services have been targeted by this recklessness, for which young people, in the main, are responsible. A public awareness campaign, involving schools, community groups and youth organisations, should be launched to press home the dangers and the possible consequences, particularly as Hallowe'en approaches.

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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On behalf of the Minister for Justice and Equality, I thank the Deputy for raising this very important matter. As he will be aware, fireworks, as explosives, are regulated under national and EU legislation. They can only be imported into the country under licence and must be stored and sold in accordance with the explosives laws. Government policy restricts the availability of all hazardous fireworks to the general public. Licences under the Explosives Act are issued by the Department only for the importation of fireworks to be used in organised displays conducted by professional and competent operators. Nevertheless, the Minister is all too conscious of the numerous incidents, and sadly some serious accidents, arising from the use of illegal fireworks.

Every year in the run-up to Hallowe'en, both the Department and An Garda Síochána engage in additional work to try to keep everyone safe and to raise awareness of the dangers associated with the improper use of fireworks. As Hallowe'en approaches, the Department runs a safety campaign, working with various stakeholders and partners, to ensure a message of safety and compliance reaches as wide an audience as possible. Aside from the very important safety aspects of the campaign, it also highlights the serious penalties that people can face, given that breaches of the legislation governing the importation and use of fireworks are, quite rightly, treated as very serious offences.

In addition to this work undertaken by the Department, An Garda Síochána engages in Operation Tombola at this time of the year, which aims to combat the illegal importation, sale and use of fireworks. The Garda Commissioner has informed the Minister that each district puts in place an operational plan to tackle the sale of fireworks, including through combating the importation, sale and distribution of illegal fireworks through intelligence-led operations, visits to local car boot sales, searches and seizures of fireworks; liaising with local authorities and fire services regarding the provision of official supervised bonfire sites, the policing of these, and the identification and removal of stockpiled bonfire material and abandoned vehicles from other locations; promoting awareness of the dangers associated with the improper use of fireworks and unsupervised bonfires through the media, social media, school visits and information leaflet distribution by Garda members and the crime prevention officer; high-visibility policing of the Hallowe'en night celebrations; and utilising the divisional public order unit on Hallowe'en night. The Deputy will be aware that Operation Tombola also focuses on preventing associated public disorder and antisocial behaviour through the incremental deployment of resources, including Garda public order units to augment local plans, as appropriate.

As for legislation, as well as Part 6 of the Criminal Justice Act 2006, which gives An Garda Síochána the powers to make arrests in respect of the possession of unlicensed fireworks, a number of strong legislative provisions are available to the Garda to combat antisocial behaviour more generally, including the Criminal Damage Act 1991, the Criminal Justice (Public Order) Act 1994, the Criminal Justice (Public Order) Act 2003 and the Intoxicating Liquor Acts 2003 and 2008.

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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I am well aware of Operation Tombola and the way it has worked, particularly in Finglas and Ballymun over the years. It has worked well and we have had very few incidents in recent years, but this is different. It has been going on for months, and the number and the strength of the bangers are unprecedented, as is what is happening in our communities. It may be that it is a result of Covid and restlessness, especially among young people, because that certainly seems to have been a factor in the escalation. There may be enough legislation, but the problem is there are not enough resources on the ground. There have been cutbacks on Garda overtime and community gardaí do not work past 7 p.m. I do not get it. This has happened since Covid emerged, as has been confirmed to me. These are problems that we need more resources to deal with. We have to seize fireworks at their sources, whatever they are. There seem to be a massive number of them, day and night and into all hours of the morning. They are everywhere, not just in working class areas.

I have experienced it everywhere. Hallowe'en has been a particularly bad time in some areas down through the years. The work of the Garda in Finglas and Ballymun over the last number of years in regard to Hallowe'en has been brilliant. It has prevented many of the problems. Working with the council, we seized various paraphernalia that was being used for bonfires and so on. Great work has been done but we need to get the message out, particularly to the young people. Those involved are, in the main, young people and their behaviour is so reckless. They are throwing fireworks into cars, supermarkets and people's faces. I accept that in some instances no harm is meant but in some cases the fireworks are being directed in a reckless manner. We need action on this issue.

2:30 pm

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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I again thank Deputy Ellis for raising this matter. On behalf of the Minister, Deputy McEntee, I assure the Deputy that An Garda Síochána remains committed to tackling public disorder and anti-social behaviour through working with communities to reduce this type of behaviour and to enhance community safety. The Garda Commissioner has assured the Minister that appropriate policing plans and measures are being implemented, effective since 4 September 2020, and that Operation Tombola will remain in place in the lead-up to, and over, the Hallowe'en period.

I look forward to the Minister launching the public awareness campaign in the near future, which will feature in print media as well as online, including on social media platforms. The campaign will use a variety of platforms to ensure it reaches as wide an audience as possible with its message of safety and compliance with the law. I appreciate the Deputy's genuine concerns on this issue and I will bring them to the attention of the Minister. I stay in Dublin on Monday and Tuesday nights and I hear the fireworks. Year-on-year this is happening earlier. At one time it was early Hallowe'en fireworks but nowadays we are hearing fireworks more randomly throughout the year. As I said, I will bring the Deputy's genuine concerns to the attention of the Minister.