Jim O'Keeffe (Cork South West, Fine Gael)
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Question 103: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the number of licences that have been issued under the Explosives Act 1875 as amended for the importation or use of fireworks during October 2006; the number of arrests made in respect of offences under the 1875 Act as amended; and if he will make a statement on the matter. [36322/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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A total of 45 licences were issued during the month of October, 2006 for the importation of fireworks under the Explosives Act, 1875.

The 1875 Act was amended by the Criminal Justice Act, 2006 and, on 1st August, 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. There have been 7 arrests under these new provisions since they were introduced a little over 2 months ago.