Tommy Broughan (Dublin Bay North, Independent)
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231. To ask the Tánaiste and Minister for Justice and Equality the preparations currently taking place to ensure a safe Halloween for communities around Ireland; if he will report on the implementation of the laws regarding the sale and use of fireworks and the retrieval of fireworks, bangers and bonfire materials; and if he will make a statement on the matter. [43899/17]

Charles Flanagan (Laois, Fine Gael)
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As the Deputy may be aware, fireworks, because they are explosives, are regulated under national and EU legislation and can only be imported into the country under licence and stored and sold in accordance with explosives law.  Fireworks are categorised into four categories, depending on their hazard and whether they require specialist knowledge to use them. The least hazardous is Category F1 (party poppers and sparklers) and the most hazardous is Category F4.

It is Government policy therefore, in the interests of safety and security, to restrict the availability of the more hazardous fireworks (i.e. categories F2, F3 and F4) to the general public. These can only be imported, by way of licence, for use in organised displays  and conducted by  professional/competent operators.

In this regard, the Criminal Justice Act 2006 introduced new offences and penalties relating to illegal possession, sale and misuse of fireworks:

- It is  an offence for any person to possess a firework with intent to sell or supply, without a licence,

- It is an offence to throw an ignited firework at any person or property, and

- It is an offence to light unlicensed fireworks in a public place.

Part 6 of the Criminal Justice Act 2006 amended the Explosives Act 1875 to give Gardaí the power to make arrests in relation to the possession of unlicensed fireworks.  The penalties for these offences are very severe.  Having unlicensed fireworks in your possession with intent to sell or supply can result in a fine of up to €10,000 and up to five years imprisonment. Igniting the fireworks or throwing an ignited firework at a person or property is also liable to the same severe penalties.

I believe that these offences and penalties are serving both as a deterrent and as an aid to An Garda Síochána. Leading up to Halloween every year, special efforts are made by An Garda Síochána to combat the illegal importation, sale and use of fireworks. I have asked the Garda Commissioner for a report on the measures being taken this year and I will write to the Deputy when it becomes available.  

My Department also puts in place an annual public information  campaign in the days leading up to Halloween in the national newspapers to remind the public of the dangers of fireworks and the significant  penalties for their illegal use.

Along with the placement of the notice in the national print media (this year from the 22 October to 31 October 2017 inclusive), general information and the notice itself will also be on the homepage of the Department’s website, and the notice is being communicated using the Department’s social media accounts. 

The Department also liaises with the Competition and Consumer Protection Commission (CCPC) who facilitate the Department by uploading a link to the notice to its website.  Scoilnet (a Department of Education and Skill’s portal for Irish education) is facilitating the Department by uploading the notice to its website and placing it in their newsletter. The Local Government Management Agency (LGMA) has arranged to circulate a Link from my Departments website to all Local Authorities in the State to help publicise the dangers and illegality of fireworks with the general public. My Department has also asked Dublin City Council and An Garda Síochána to use its social media outlets channels to highlight and promote our Department's message as it has done in previous years.