Paul Kehoe (Wexford, Fine Gael)
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Question 264: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the changes made to the Explosive Act 1875, relating to possession of fireworks without a licence, in the last year; the amount of illegal fireworks seized to date in 2006; the numbers of fines and penalties imposed for same; the number of seizures of fireworks for the past three years; if he could give a breakdown of figures; and if he will make a statement on the matter. [34162/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Explosives Act, 1875 provides for control of the importation, manufacture, storage and sale of fireworks. The 1875 Act was amended by the Criminal Justice Act, 2006 which came into effect on 1 August, 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.

Under the new provisions it is an offence

for any person to possess a firework with intent to sell or supply, without a licence,

to throw an ignited firework at any person or property, and

to light unlicensed fireworks in a public place.

The penalty for such offences is as follows:

a fine of up to €2,500 or 6 months imprisonment or both on summary conviction, and

a fine of up to €10,000 or 5 years imprisonment or both on conviction on indictment.

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.

As the Deputy will appreciate the new provisions only came into effect on 1 August last and there have been no fines or convictions recorded for fireworks offences in the information available to date in 2006. Operation Tombola, the annual Garda operation to combat the illegal sale of fireworks, was launched in September this year. To date this year there have been thirty seizures of fireworks, with a total value of €86,966. The following table details the number of seizures of illegal fireworks and approximate value in recent years.