John Dennehy (Cork South Central, Fianna Fail)
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Question 210: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he is satisfied that sufficient measures are being taken to protect members of the public from illegal use of fireworks; and if he will make a statement on the matter. [35398/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Explosives Act, 1875 provides for the control of the importation, manufacture, storage and sale of fireworks. That Act was amended by the Criminal Justice Act, 2006 and, on 1 August, 2006 I signed an order bringing all sections of the Act relating to fireworks into immediate effect. These amendments provide for new offences governing the possession of illegal fireworks with intent to supply and misuse of fireworks in public places. 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.

Every effort is made by the Gardaí to identify persons involved in the illegal importation and sale of fireworks and where necessary specific policing plans are put in place in areas where particular problems arise. Each year, leading up to Halloween, special efforts are made by the Gardaí to combat the illegal importation, sale and use of fireworks and this year an intelligence led operation called "Operation Tombola" was launched on 25 September. To date this operation has resulted in 42 seizures of fireworks with an estimated value of €104,876. Over the last five years such operations have resulted in seizures valued at over €2 million. All fireworks seized are forfeited by the person importing them and destroyed in accordance with the provisions of the Explosives Act 1875.

I am confident that, following the introduction of the new offences and penalties, Garda operations will be even more effective in combating the illegal importation, sale and use of fireworks.