John Gormley (Dublin South East, Green Party)
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Question 236: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the number of prosecutions in relation to fireworks for the past six years from 2000 to 2006 inclusive; the number of these that were successful prosecutions; the outcome of these successful prosecutions; and if he will make a statement on the matter. [11701/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I understand from the Garda Authorities that there have been 31 proceedings commenced and five convictions recorded for offences under the Explosives Act 1875 and the Criminal Justice Act 2006 relating to fireworks for the period 2000 to 2006 inclusive. Of those persons convicted, two were sentenced to imprisonment, one received a community service order and two were fined.

Conscious of the difficulties which the illegal use of fireworks presents each year and the distress they cause to people, I introduced in the Criminal Justice Act 2006, a number of amendments to the Explosives Act 1875. These amendments 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 six months imprisonment or both on summary conviction and a fine of up to €10,000 or five years imprisonment or both on conviction on indictment. Furthermore, 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.