Tommy Broughan (Dublin Bay North, Independent)
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257. To ask the Tánaiste and Minister for Justice and Equality the amount of fireworks seized by An Garda Síochána in each of the years 2016 to 2018 and to date in 2019; and the number of persons prosecuted for possession of fireworks without a valid licence during the same period. [43403/19]

Charles Flanagan (Laois, Fine Gael)
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As the Deputy will appreciate, the Garda Commissioner has responsibility for managing An Garda Síochána and for the allocation of Garda resources, in light of identified operational demands.Further and following investigations by An Garda Síochána, prosecutions are a matter for the Director of Public Prosecutions, who is independent in the performance of her functions.

I am advised by the Garda authorities that An Garda Síochána take a proactive approach and have put measures in place in every Garda Division to assist in the prevention and detection of the sale and importation of fireworks in the run-up to Halloween. 'Operation Tombola' is currently in place to deal with bonfires, fireworks and any associated public disorder.

The law is clear on the use of fireworks in Ireland.Fireworks are regulated and can only be imported into Ireland under licence. Licences for the import of fireworks are issued by my Department only for the importation of fireworks which are to be used in organised displays conducted by professional and competent operators.

Under Part 6 of the Criminal Justice Act 2006:

- 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 2006 Act also gives An Garda Síochána 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 am informed by the Garda authorities that the following table sets out information on the number of seizures of fireworks in the years 2016 to date in 2019 as well as their estimated value.

The Deputy will appreciate that the decision about whether or not to prosecute a person, and for what crime, is entirely a matter for the Director of Public Prosecutions and I have no role in such matters.

Finally, I would remind they Deputy that each year, as Halloween approaches, my Department runs an advertising campaign highlighting both the public safety aspects as well as the illegality of using fireworks. I launched the most recent campaign on 21 October, in cooperation with An Garda Síochána and the Fire Service. The campaign is scheduled to run in print and online media in the coming weeks.