Written answers

Tuesday, 18 October 2005

Department of Justice, Equality and Law Reform

Proposed Legislation

9:00 pm

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 668: To ask the Minister for Justice, Equality and Law Reform his plans for legislation to deal with banning the use of fireworks, legal and illegal in specific areas such as senior citizens estates, hospitals and places in which persons are in fear due to the noise, flare and so on of such items; and if he will make a statement on the matter. [29233/05]

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 669: To ask the Minister for Justice, Equality and Law Reform his plans to introduce legislation to deal with fireworks on barges; and if he will make a statement on the matter. [29234/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 668 and 669 together.

The Explosives Act 1875 provides for the control of the importation, manufacture, storage and sale of fireworks and, under the Act, any person wishing to import fireworks into the State must first obtain an importation licence from me. It is long standing policy to only grant importation licences for organised fireworks displays conducted by professional and experienced operators and not to allow the importation of fireworks for sale to the general public. In effect this policy means that the only fireworks imported into the State and legally held here are those used in professional displays. Typically, these displays range from major events such as the St. Patrick's Day Skyfest festival, pop concerts or international sports events to relatively minor displays such as those held at private events such as weddings. Importation licences were granted for almost 400 organised firework displays in 2004. Each application for a licence is subject to the approval of the Garda authorities and the fire officer of the relevant local authority.

I am very much aware of the dangers posed by their use and of the distress they cause to people, particularly at this time of year. Last February, I 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 1875 Act. My Department has received a wide range of submissions in response to the consultation document and it is clear, from the submissions received, 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, I propose 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. I also propose to increase significantly penalties governing the illegal importation, sale and use of fireworks.

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