Cian O'Callaghan (Dublin Bay North, Social Democrats)
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635. To ask the Tánaiste and Minister for Justice and Equality the steps she is taking to address the issue of the unsafe and illegal use of fireworks in numerous areas of Dublin and the fear it is causing local communities; if more Garda resources will be made available; and if she will make a statement on the matter. [24768/20]

Helen McEntee (Meath East, Fine Gael)
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As the Deputy may be aware, the importation and use of fireworks are controlled under law in the interests of safety and security. Government policy restricts the availability of all hazardous fireworks to the general public. Licences under the Explosives Act 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.

Having said that, I am all too conscious of the numerous incidents, and sadly some serious accidents arising from the use of illegal fireworks. I understand this is particularly acute this year.

Every year, as we approach Halloween, my Department runs an awareness raising initiative aimed at ensuring the public is aware of the dangers of illegal fireworks and bonfires.

An example of the penalties faced include a fine of up to €10,000 and up to five years imprisonment if convicted of having fireworks in your possession with intent to sell or supply. Igniting fireworks or throwing an ignited firework at a person or property is also liable to the same severe penalty. These penalties demonstrate the seriousness attached to breeches of the legislation governing the importation and use of fireworks.

As well as Part 6 of the Criminal Justice Act 2006 which gives An Garda Síochána the power to make arrests in relation to the possession of unlicensed fireworks, a number of strong legislative provisions are available to Gardaí to combat anti-social behaviour more generally and include -

the Criminal Damage Act 1991;

- Criminal Justice (Public Order) Act 1994;

- the Criminal Justice (Public Order) Act 2003; and

- the Intoxicating Liquor Acts 2003 and 2008.

As well as the awareness raising work undertaken by my Department in the run up to Halloween, additional efforts are made by An Garda Síochána at this time of year to combat the illegal importation, sale and use of fireworks, which is known as Operation Tombola.

I have spoken to the Garda Commissioner and he has informed me that policing plans under the auspices of “Operation Tombola”, which are tailored to the demands and unique challenges of each Division in the DMR, have been implemented, and in fact commenced one month earlier than on previous years as of the 4 September, 2020. In addition, to assist local management in supplying additional personnel over the Halloween weekend, annual leave not already sanctioned for this period has been cancelled, effective as of the 4 September, 2020.

The plans under "Operation Tombola" include an overt uniform presence and a covert element where appropriate. I understand that local Garda management throughout the DMR are in the process of engaging with relevant stakeholders including the local authority’s to identify, co-ordinate and implement an appropriate multi-agency strategy for the Halloween period. As the Deputy may appreciate liaison with Local Authorities, plays an important part of “Operation Tombola”, in the removal of bonfire materials between now and Halloween.

The Garda authorities have advised me that throughout the DMR, Community Gardaí together with the Divisional Crime Prevention Officer will promote the awareness of the dangers associated with fireworks. Liaison with known companies previously targeted for bonfire materials has also commenced and crime prevention advice has been provided to manage waste and limit opportunities. Community Policing Units in each District work proactively with the local County Council regarding the retrieval of bonfire material.

There is a dedicated operation in the DMR specifically focused on targeting anti-social behaviour, the sale/supply of illegal fireworks and to detect the illegal importation of fireworks in the lead up to Halloween.

Since the 16 August, 2020 to the 6 September, 2020, AGS have seized a significant number of fireworks, in some instances resulting in a prosecution under the Explosives Act, 1875 (as substituted by Section 68 of the Criminal Justice Act, 2006). An Garda Síochána will continue to pay appropriate attention and take effective action in relation to instances involving fireworks. Community Policing Gardaí will also liaise with various Community groups regarding alternative events around Halloween, particularly this year on account of the implications of the Health Act, 1947 (Section 31A-Temporary restrictions)(Covid19) Regulations, 2020, particularly in relation to gatherings.

As the Deputy is aware the Garda Commissioner is statutorily responsible for the management of An Garda Síochána, including personnel matters and deployment of resources. As Minister, I have no responsibility for these matters. I am assured however that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities, to their optimum use.