Cecilia Keaveney (Donegal North East, Fianna Fail)
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Question 156: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his plans to legalise fireworks; his views on whether this would ensure a safer use of the products currently being used illegally in this jurisdiction; and if he will make a statement on the matter. [34720/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Explosives Act, 1875, as amended by the Criminal Justice Act, 2006, governs the importation, manufacture, storage and sale of fireworks and under the Act fireworks may only be imported into the country on foot of an importation licence granted by me. It is current policy, in the interests of public safety and security, to restrict, to the greatest extent possible, the availability of fireworks to the general public. Consequently, licences are only issued for the importation of fireworks for use in organised displays, conducted by "professional/competent operators". Licences are not issued for the importation of fireworks for sale to the general public. Last year I commissioned research into the public's attitude to current policy on the control of fireworks and the general conclusion of the research was that the public are generally in favour of the thrust of current policy. I believe that our current policy strikes the right balance.

Conscious of the difficulties which the illegal use of fireworks present each year around this time and the distress they cause to people, particularly the elderly, I introduced, in the Criminal Justice Act, 2006, a number of amendments to the 1875 Act which provide for new offences, governing the illegal possession and use of fireworks, and increased penalties. Under these new provisions it is an offence:

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

A Directive on control of fireworks is currently being debated in the EU. 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. When the Directive is finalised, all fireworks imported into or manufactured or sold within EU Member States, will be required to comply with certain essential minimum safety standards. While the Directive will allow the free movement, within the EU Member States, of low hazard fireworks, (such as sparklers and party poppers), it will not preclude Member States from taking measures, which are justified on the grounds of public safety, security or public order, to prohibit or restrict the possession, use or sale to the general public of more hazardous and powerful fireworks.