Tony Gregory (Dublin Central, Independent)
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Question 249: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the number of car or vehicles impounded to date arising from the possession of fireworks by the occupants; if a similar measure is available to Gardaí when drugs are seized in vehicles. [1039/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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Section 80 of the Explosives Act, 1875 (as amended by section 68 of the Criminal Justice Act, 2006) provides for the seizure and detention of vehicles and vessels without warrant when a member of An Garda Síochána with reasonable cause suspects that a person possesses a firework. This section also authorises a search under warrant to seize anything that a member reasonably believes to be evidence, including vehicles.

Section 23 of the Misuse of Drugs Act, 1977 provides for the search, seizure and detention without warrant of anything found which appears to a member of An Garda Síochána to be something which might be required as evidence in proceedings for an offence under the Act. Section 26 of the Misuse of Drugs Act, 1977 authorises a search warrant to seize and detain any substance, article or document which the member of An Garda Síochána believes may be required as evidence in proceedings for an offence under the Act.

Section 7 of the Criminal Justice Act, 2006 states that where a member of An Garda Síochána who is in a public place, or any other place under a power of entry, finds or comes into possession of anything he has reasonable grounds for believing is evidence relating to an arrestable offence, he/she may seize and retain the thing for use as evidence in any criminal proceedings for such a period from the date of seizure as is reasonable.

To date there have been no vehicles seized by An Garda Síochána because of being used for the transportation of fireworks.