Joe Costello (Dublin Central, Labour)
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Question 465: To ask the Minister for Justice, Equality and Law Reform his proposals for dealing with the annual mayhem at Halloween; the way he will police the proliferation of illegal fireworks; and if he will make a statement on the matter. [25960/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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As the Deputy may be aware, the Explosives Act, 1875 provides for control of the importation, manufacture, storage and sale of fireworks. The 1875 Act was amended by the Criminal Justice Act, 2006 which came into effect in August, 2006, to provide for new offences governing the possession of illegally imported fireworks with intent to supply. They also provided for significantly increased penalties governing the illegal importation, sale and use of fireworks.

Under the 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 now a fine of up to €10,000 or 5 years imprisonment or both. 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. A nationwide advertising campaign was run over the past two weeks in the national and regional newspapers to highlight to the public the dangers of fireworks and the significant penalties that exist for their illegal use. This campaign will run up to Halloween.

I am informed by the Garda Commissioner that Operation Tombola, the annual Garda operation, is in place for policing during the Hallowe'en period. Operational Orders have been put in place in every Garda Region, in particular in the Dublin Metropolitan Region and Border Divisions, to prevent and detect the organised importation for sale of fireworks in the lead up to Halloween and to police the Halloween period. Persons suspected of engaging in the importation, supply or sale of fireworks will be identified and targeted, including intelligence-led operations and searches will be conducted.

An Garda Síochána is also engaging with local communities, Local Authorities and other stakeholders, such as Dublin Bus, in putting plans in place to address the issues that arise around the Halloween period. Through the Schools Programme and other local programmes members of An Garda Síochána also emphasise that fireworks are illegal and highlight the dangers associated with illegally imported fireworks. Gardaí have a liaison mechanism in place with Local Authorities for the removal of identified stockpiles of combustible materials, in advance of 31 October 2007. Gardaí have also advised Managers of Off-Licences to ensure that staff are appraised of their obligations and responsibilities under Licensing legislation relating to the sale of alcohol, in particular to underage persons.

I am also informed that proactive policing arrangements are in place covering the period coming up to and on the night of the 31 October 2007 and the provisions of the Criminal Justice (Public Order) Act 1994 will be rigidly enforced. Additional patrols will be carried out by uniform personnel as part of high-visibility policing initiatives supported by plain-clothes personnel, including District Detective and Drug Units, Divisional Crime Task Force, Traffic Corps personnel and Community Policing and Mountain Bike Units.

Given the new offences and increased penalties that now exist, the enforcement capability of An Garda Síochána is greatly strengthened and I expect that the Garda operations will be even more successful this year, in combatting the illegal importation, sale and use of fireworks.