Gay Mitchell (Dublin South Central, Fine Gael)
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Question 96: To ask the Minister for Finance the amount of illegal fireworks that were seized by the Revenue Commissioners Customs Service in each of the years 1997 to date in 2006; and if he will make a statement on the matter.

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am advised by the Revenue Commissioners that the following are the recorded figures for Customs seizures of fireworks from 1997 to date:

In 1997 there were five seizures totalling approximately 2,260 fireworks

In 1998 there were four seizures totalling approximately 300 fireworks

In 1999 there were two seizures totalling approximately 660 fireworks

In 2000 there were four seizures totalling 9 fireworks

In 2001 there was one seizure totalling 6 fireworks

In 2002 there were four seizures totalling approximately 100 fireworks

In 2003 there were five seizures totalling 11 fireworks

In 2004 there were nine seizures totalling approximately 70 fireworks

In 2005 there were seven seizures totalling approximately 730 fireworks

There have been no Customs seizures of fireworks in 2006 to date. Some of the above figures are approximate because fireworks are not individually counted when part of a larger consignment.

Where seizures of fireworks are made by the Customs service, it is standard practice to transfer them into Garda custody for any subsequent action. In this regard I should point out that there have been a number of cases in recent years where bulk quantities of fireworks have been encountered by Customs officers while engaged on surveillance in relation to fiscal goods. In some of these cases the fireworks were handed over directly to the Garda Síochána and are not included in the above totals. These detections will be included in the Garda annual figures, which also comprise their significant street level detections.

It may be of assistance to the Deputy to outline the legal framework and the nature of the Customs role in relation to the importation of fireworks. The Explosives Act 1875 defines fireworks as explosives and prohibits their importation unless permitted by an import licence. As a legal consequence, fireworks are listed in the Table of Prohibitions in section 42 of the Customs Consolidation Act of 1876, contravention of which is an offence under section 186 of the same Act. The above laws have effect in the State by virtue of the Adaptation of Enactments Act 1922. I would also draw the Deputy's attention to the significant amendments in this year's Criminal Justice Act to the previous penalty provisions in the Explosive Act 1875, for possession of unlicensed fireworks. The Act provides for proceedings under this provision to be taken by An Garda Síochána.