Joe Costello (Dublin Central, Labour)
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Question 333: To ask the Minister for Justice, Equality and Law Reform the measures he has put in place to deal with illegal fireworks and bonfires during Halloween 2008; and if he will make a statement on the matter. [35416/08]

Dermot Ahern (Louth, Fianna Fail)
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I have spoken to the Garda Commissioner in relation to intensifying Garda activity against fireworks and other anti-social behaviour during the Hallowe'en period. The Commissioner has assured me that that activity is being undertaken.

As the Deputy may be aware, the Explosives Act, 1875 provides for the 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 2008, to provide for new offences governing the possession of illegally imported fireworks with intent to supply. It 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. An information campaign has started, in the national and regional newspapers, to highlight to the public the dangers of fireworks and the significant penalties that exist for illegal use. The campaign will run for the next two weeks up to Hallowe'en.

I am informed by the Garda Commissioner that Operation 'Tombola' — an annual Garda operation — is in place for policing during the Hallowe'en period. A few weeks ago I spoke with him about intensifying the campaign this year. 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 Hallowe'en period. Persons suspected of engaging in the importation, supply or sale of fireworks will be identified and targeted. 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 Hallowe'en 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 31st October 2008. Gardaí have also advised Managers of Off-Licences to ensure that staff are apprised 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 the night of the 31st October 2008. 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. The provisions of the Criminal Justice (Public Order) Act 1994 will be rigidly enforced.

The Intoxicating Liquor Act 2008, which came into effect on 30th July, 2008, made 'Theatre Licences' subject to the prohibited hours' provisions for the sale and consumption of alcohol. The new Act also introduced new prohibited hours for off-licences and new conditions for the issuing of off-licences and theatre licences. Provision is also made to seize alcohol and to issue Fixed Charge Penalty Notices for certain offences contrary to the Criminal Justice (Public Order) Act, 1994.

Local policing plans are predicated on the prevention of anti-social and public order offences; the prevention of crime including crimes of violence against persons and property; and the maintenance of an environment conducive to the improvement of quality of life of the residents. Patrols are directed to pay particular attention to these areas where local youths tend to congregate and where the likelihood of both anti-social behaviour and drinking on the streets may occur in order to reduce incidences of public disorder and anti-social behaviour type activities, particularly at this time of year.