Jack Wall (Kildare South, Labour)
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Question 268: To ask the Minister for Justice and Law Reform his views regarding illegal fireworks and bonfires and the effect they have on our communities, and especially our older population; and if he will make a statement on the matter. [39290/10]

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. The amendments 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.

A nationwide information campaign took place in the run up to Hallowe'en using national and regional newspapers to highlight to the public the dangers of fireworks and the significant penalties that exist for their illegal use.

I am informed by the Garda Commissioner that Operation Tombola, the annual Garda operation, was in place for policing during the Hallowe'en period. I understand that Operational Orders were put in place in every Garda Region, in particular in the Dublin Metropolitan Region and Border Divisions, to prevent and detect the organised importation of fireworks in the lead up to Hallowe'en and to police the Hallowe'en period.

Persons suspected of engaging in the importation, supply or sale of fireworks were identified and targeted, including by way of intelligence-led operations and searches which to date in 2010 (as of 2nd November, 2010) have resulted in 164 seizures of fireworks, worth an estimated €59,216. These statistics are operational and liable to change.

An Garda Síochána also engaged 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 have highlight the dangers associated with illegally imported fireworks. With regards to bonfires, Gardaí have a liaison mechanism in place with Local Authorities for the removal of identified stockpiles of combustible materials, in advance of Hallowe'en night.

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 were in place covering the period coming up to and including Hallowe'en night. Additional patrols were 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 offences and increased penalties that now exist, together with the measures outlined above, I expect that the Garda operations will continue to be successful in combating the illegal importation, sale and use of fireworks.