John O'Mahony (Mayo, Fine Gael)
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Question 316: To ask the Minister for Justice, Equality and Law Reform the number of fireworks seized by the State in the past three years; the number of convictions as result of these; and if he will make a statement on the matter. [38278/08]

Dermot Ahern (Louth, Fianna Fail)
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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 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.

Given the new offences and increased penalties that now exist, the enforcement capability of An Garda Síochána is greatly strengthened in combatting the illegal importation, sale and use of fireworks. In this regard, I am informed by the Garda Commissioner that the number of seizures are as follows:

Figures for 2008 are up to 21st October. I will write to the Deputy as soon as final figures for the Hallowe'en period come to hand.