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Dáil Éireann debate -
Tuesday, 14 Oct 2003

Vol. 572 No. 3

Written Answers. - Explosives Legislation.

Gay Mitchell

Question:

470 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform the reason he did not address the issues raised in Parliamentary Question No. 481 of 7 October 2003; if he has made progress in reviewing the law on fireworks and explosives; and his plans to come to the aid of senior citizens in particular who are being terrified by fireworks. [23225/03]

As the Deputy is aware, under the Explosives Act 1875 my Department has responsibility for the importation, transportation and storage of explosives, including fireworks. Consequently to import fireworks an importation licence granted by my Department is required. It is a long-standing policy that these importation licences are granted only for organised displays conducted by professional and experienced operators. Prior to the granting of an importation licence, my Department consults with the relevant local authority and the Garda Síochána to establish if there are any objections to the granting of a licence. Indeed, the relevant local authority and the Garda Síochána are empowered by statute to prevent any organised display from proceeding, if, in the opinion of either authority, it is not safe to do so. Importation licences are not granted to import fireworks for sale.

In enforcing the regulations regarding fireworks, I am informed by the Garda authorities that they make full use of the Customs Consolidation Act 1876, the Casual Trading Acts 1980 and 1995 and the Criminal Justice (Public Order) Act 1994. Every effort is made by the Garda Síochána to identify persons involved in the illegal importation and sale of all types of fireworks.

Specific policing plans, such as Operation Tombola in the Dublin north central division, are put in place in areas where particular problems arise. These plans include intelligence gathering on dealers and suppliers and, once these are identified, putting plans in place to arrest them and seize their stocks of illegal fireworks. These plans also include the provision of advice to schoolchildren and community groups.
Community gardaí at this time are particularly active in identifying problem areas and, using their local knowledge, concentrate on areas where youths using fireworks tend to congregate.
In respect of those sections of the community which have expressed fear at the sight and sound of exploding fireworks, each report is investigated with a view to identifying those responsible, seizing any fireworks found and enforcing the Criminal Justice (Public Order) Act in respect of areas where groups of youths congregate.
A review on the law on explosives etc. is ongoing but I am not in a position to say when it will be concluded.
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