Michael Healy-Rae (Kerry, Independent)
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76. To ask the Minister for Justice and Equality the reason for the refusal of potassium nitrate to a person (details supplied); and if she will make a statement on the matter. [17156/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I wish to advise the Deputy that under Section 104 of the Explosive Act 1875 the Minister may declare that any substance which appears to be “specially dangerous to life or property by reason either of its explosive properties, or of any process in the manufacture thereof being liable to explosion, shall be deemed to be an explosive within the meaning of the Act...".

The Explosives (Potassium Nitrate and Sodium Nitrate) Order 1986 (S.I. 273 of 1986) was made under Section 104 of the Explosives Act 1875. This Order declares potassium nitrate and sodium nitrate and any mixture containing greater than 5% of these substances, provided it is not a pest fumigant, to be explosives within the meaning of the Explosives Act.

Once a substance is declared to be an explosive the requirements of the Explosives Act applies to that substance regarding manufacture, import and storage. Additionally the requirements of the Sale of Explosives Order 1997 (S.I. 364 of 1997) apply to substances declared to be explosives. This Order states that potassium nitrate can only be supplied to a person who is in possession of a police certificate for the keeping of explosives for private use. Alternatively if the Superintendent of the Garda Síochána of the District where the potassium nitrate is required is satisfied that the potassium nitrate is required for immediate use for industrial or agricultural purposes he or she may issue a certificate to authorise the sale for such use, and not for resale, to the person named in the certificate.

The grant or refusal of the supply of the potassium nitrate in this instance is a matter for the pharmacy within the terms of the legislative provisions set out above.