I welcome Mr. Tom Lynch, principal officer in the crime division of the Department of Justice, Equality and Law Reform and his colleague, Mr. Joe Coates, who is the chief Government inspector for explosives in the crime division of the Department. Members of the committee are referred to the documents which were circulated to the committee, all of which they have in front of them. Mr. Lynch and Mr. Coates will make a brief presentation. I remind them that while Members of the Oireachtas enjoy parliamentary privilege, they do not enjoy the same privilege.
Fireworks Policy: Presentation.
Thank you, Chairman. This documentation is not in the public domain at this stage. It is our intention to put it on our website and to circulate it widely, but we cannot do so until it has been translated into Irish, which is being done currently. We expect it to be available next week and the document will be made public then.
I would like to begin by going through the content of the document. The purpose of this consultation document on the policy on fireworks is to review the current law and policy governing the control of fireworks in this country and to propose options for change. The document covers briefly Irish, EU and UK law and policy on fireworks. We have provided a classification of fireworks so that people will understand clearly what we are talking about. We do an assessment of our current fireworks policy and then set out options for change.
I will now deal with Irish law and policy on fireworks. The law governing fireworks is ancient law. The Explosives Act 1875 defines fireworks as explosives. Under the Act, the importation and-or manufacture of fireworks must be licensed by the Minister for Justice, Equality and Law Reform. It has been policy for quite some time not to license the importation and-or manufacture of fireworks for sale to the general public. Fireworks are licensed for major fireworks displays which are being carried out by professionals in that business. Any fireworks available to the public are illegally held and illegally imported.
With regard to EU law and policy on fireworks, there is no over-arching EU law governing fireworks. Individual member states have their own policies. The approach taken in other EU member states is that fireworks are allowed to be sold to the public in respect of particular categories which I will explain when I deal with classification. They are categories 1, 2, 3 and 4, with varying regulatory controls. The Irish approach is totally different. We do not allow the importation of fireworks of categories 1, 2 and 3 for sale to the general public. We have a much more stringent approach to the control of fireworks than our fellow member states.
There has been concern in the EU about the standards which are applied to various fireworks available on the market. There is also a move in the EU to introduce free trade of fireworks. A new EU directive is currently being prepared which will harmonise the law and the marketing of fireworks throughout the EU. This could have the effect of requiring Ireland to liberalise its laws and its policy to enable the open marketing of fireworks.
The EU directive will define the types of fireworks which may be sold to the public; develop safety standards for fireworks which will be the EU standard; and prohibit the use of certain substances in fireworks. The effect of the directive will be to allow the free marketing throughout the EU of fireworks once they comply with EU standards. Because this is a directive dealing with marketing of goods, we will consider the matter from the point of view of public safety and security. In that regard we have sought a derogation on the grounds of public safety and security in respect of certain fireworks.
The approach in the UK outside Northern Ireland and in Northern Ireland is slightly different. The sale of fireworks to the public is permitted. We are all aware of this because they are freely available in Northern Ireland and that is where the vast bulk of fireworks imported into this country come from. However, the UK imposes certain controls. The possession of fireworks by persons under 18 years of age is prohibited. The possession of high powered fireworks is prohibited except for professional use. The use of fireworks is limited during particular times of the day, for example, late at night. The exception is during certain festivals such as new year festivals and so forth when that time restriction does not apply. They also prohibit the supply of excessively loud fireworks or bangers and any over 120 decibels. They provide for the licensing of all persons who are fireworks suppliers.
The regulations are slightly different In Northern Ireland. All fireworks retailers are required to register with the Northern Ireland Office. They also require any person wishing to purchase fireworks to have a licence to purchase those fireworks. In the North, a person must go to a retailer, state what type of fireworks he or she wishes to purchase and then make an application based on the type of fireworks to the Northern Ireland Office which will then issue a licence for the person to purchase the fireworks. They also prohibit the sale of category 4 fireworks because these are the higher hazard fireworks. They prohibit the sale of fireworks to persons under 16 years of age.
I have described the law as it stands in the EU, the UK and Northern Ireland. I referred to categories 1, 2, 3 and 4 and I will explain their meaning. Those are EU classifications and British standard classifications. Broadly speaking, category 1 fireworks are fireworks intended for indoor use in confined spaces. Generally speaking, the British standard notes that these are fireworks which are unlikely to cause damage beyond 1 m away from the use of the fireworks. Category 2 fireworks are of a higher hazard and are intended for outdoor use in confined spaces. The distance in which they are deemed safe is about 5 m. Category 3 are fireworks intended for use in large open areas. Generally speaking their explosive content is much higher. People using this category of fireworks would generally require some form of protective clothing. The area in which they are deemed safe is about 25 m. Category 4 fireworks are highly hazardous and highly explosive. They are intended for use only by professionals. No country in the EU will license these types of fireworks for general public use and this includes the UK and Northern Ireland. They are to be seen in use at major festivals such as the millennium festival.
An examination and assessment of our current policy raises a number of questions. We considered the potential hazard or public nuisance caused by the use of fireworks. On the issue of hazard, some people regard fireworks as very entertaining. Experts in the field have pointed out the dangers of some of these fireworks. For instance, fireworks stars burn at temperatures greater than 2,000 degrees centigrade. Large aerial shells can leave the retaining mortar travelling at a speed of 350 km/h. When those aerial shells explode, they can do so with a force greater than that produced by a grenade. They are very hazardous in some instances.
We examined the effectiveness of the current legislation governing the control of fireworks and the effectiveness of the penalties which can be imposed for breaches of the law. It must be considered whether our current policy is adequate, too stringent or too liberal.
A number of issues of concern arise. Accidental injuries occur as a result of the use of fireworks. There are very few statistics available in Ireland in respect of the level of accidents. International figures show that most accidents are caused by rockets, at 17%; bangers cause 16% of accidents; and sparklers cause 13% of accidents. The types of injuries which are caused are to the hands, eyes and head. Almost 30% of injuries are to the hands, 26% to the eyes and 23% to the head. Some of these injuries can be quite serious and cause extreme damage to people.
We also examined the issues of quality assurance and consumer safety which caused us some concern. It is important that while misuse of fireworks is the main way in which people are injured, injuries can also be caused because the fireworks may not be of high quality. The EU survey of fireworks controls in member states is contained in appendix 3 of the presentation. The EU also expressed concern which is the reason a general European standard is being considered.
The other issue of concern is the illegal smuggling and sale of fireworks. We have all seen fireworks available for sale on various streets throughout the country. It is very easy to get them in here. Without really realising some of the dangers associated with fireworks, parents will purchase these for birthday celebrations and so forth from the North of Ireland. That is an issue of concern in how we go about controlling the issue of fireworks.
The issue of public nuisance has caused huge concern for the elderly and also for animals. Coming up to Hallowe'en and so forth individuals throw fireworks at property and generally cause public annoyance and engage in anti-social behaviour. A final disturbing trend is emerging, which is the use of fireworks as direct weapons against the Garda and the emergency services. There is also evidence of explosive material and fireworks having been used in the manufacture of certain improvised explosive devices. They are the concerns, which we hope to address in the area of consumer fireworks used by the public.
Another aspect of fireworks, which I have mentioned before, relates to professional firework displays. We hope that two issues in this regard would be addressed. It is a common misperception that the Department of Justice, Equality and Law Reform licenses events where fireworks are used. This is not the case. The Department merely issues licences to import fireworks to people who may be carrying out such displays. The licensing of events per se is a matter for the local authorities and even in this area a difficulty arises. For example, if someone wanted to use fireworks for a major football, hurling or soccer match, while we would be responsible for licensing the importation of the fireworks, no licence is required for the event, so policing that type of event from the point of view of safety and the use of fireworks is lax. There is a further question on regulation and enforcement. At present, while our Department has issued guidelines in this area, there is no statutory code of practice for regulating firework displays, which needs to be addressed.
Having considered the various issues, we came to the conclusion that both the law and policy of governing the control of fireworks need to be changed. In the document we set out a number of options for change. As far as the sale of consumer fireworks to the general public is concerned, enforcement procedures need to be strengthened. As I said, the legislation governing fireworks dates back to 1875. Some of the penalties for breach of the law, for example, for the illegal importation of fireworks, are pretty meaningless today. They are in multiples of shillings depending on the nature of the offence. The enforcement area needs to be addressed and not only regarding the penalties.
We also need to address the nature of offences in existing legislation. For example, while it is possible to commit an offence for importing without a licence no provisions regarding the use of fireworks are covered. In addition to considering strengthening enforcement through the use of increased penalties, it will also be necessary to consider the introduction of new penalties for certain offences, for example, possession of fireworks with intent to supply to deal with people who bring in many fireworks to sell to young children. That type of offence needs to be addressed in legislation.
The EU policy and directive I mentioned will force us into having some liberalisation. We cannot simply say that we will no longer license the importation of fireworks for sale to the public. The directive moves in the direction of freeing up the market for their sale across the EU. We need to consider the liberalisation in two ways. One is on the basis of the different categories. For example we might decide it be would appropriate to allow the importation for sale of category 1 fireworks, which generally represent a low hazard. However, moving up the line, we need to give greater consideration as to what to do, as we would be dealing with a greater hazard. In dealing with the EU on this matter, we have sought a derogation from some of these provisions to enable us to address the safety and security issue associated with higher hazard level fireworks.
The issue of liberalisation will need to be addressed and if it were to be addressed in this way, other options, which will need to be considered, include the control of retail outlets. If we are to allow the purchase, we will need to introduce a proper set of controls on the retail outlets for fireworks. As I said, there are timing restrictions imposed in the UK, in other words they may not be used at certain times of the day. We need to consider the possibility of only allowing the sale of fireworks at particular times of the year for particular festivals and only for a period of one or two weeks around that event. This, allied to strengthening the enforcement and introducing proper controls of retail outlets would go a long way towards dealing with the issues of nuisance. One of the difficulties now is that fireworks seem to be going off from September to December. This is a further option for consideration.
In the document we also propose the introduction of age restrictions. In the UK a person under 18 may not possess fireworks and in the North a person under 16 may not possess them. As everybody is aware, one of the difficulties with age restrictions is that they are very difficult to enforce. However, it is an option for consideration.
We would propose that people consider having a code of practice on public professional firework displays, which would clearly set out the responsibilities of the various authorities, for example, the Health and Safety Authority, the police, the local authorities etc. That matter needs to be addressed. As I mentioned, certain events are not licensed which creates certain difficulties for controls. All events involving fireworks should require a licence from the local authority.
Those are the various options which we have outlined. The document includes proposals for consultation. We suggest that a number of Departments and relevant bodies, for example, the National Council for the Blind in Ireland and Age Action Ireland be consulted to get their views on how vulnerable people are affected by such matters. That is set out in the final chapter of the document.
On that note I will conclude. If members have any questions, I hope I will be able to answer them.
Does Mr. Coates wish to add to what Mr. Lynch has said?
Mr. Joe Coates
Not at this stage.
This discussion is very timely. It is important to finalise our views in the cool of the spring and not during the height of reactions that are aroused during the autumn from October to December. I do not doubt that the activity each Hallowe'en is quite serious and is getting worse each year. Old people become prisoners in their own homes at that time of the year when gangs of youths cause huge problems in many communities. We should examine this problem and suggest an approach for dealing with it.
It is clear that the existing set of circumstances cannot be allowed to continue. We are dealing with a law from 1875. I understand that one of the fines provided for in the relevant regulations is £5, which would hardly be regarded as a deterrent nowadays. When this issue was initially raised, the Minister for Justice, Equality and Law Reform seemed to favour the relatively simplistic approach of trying to solve the matter by increasing penalties. I am glad he now accepts that a more detailed approach may be necessary. Some pressure was put on him when the European Union proposed to change its regulations in this regard.
Not only should we consider the problems caused by anti-social behaviour in our communities each Hallowe'en, but we should also bear in mind that major criminal gangs, some of which undoubtedly have a subversive element, are making a great deal of money in this area. It is a most unhealthy situation. That 165 tonnes of fireworks were seized last year by the assets recovery agency in Northern Ireland is an indication of the extent of the problem in that jurisdiction.
There are also some health considerations in this regard. Every year, poor quality fireworks inflict serious injuries to people's hands, for example, and to their eyes, which is even worse. Young children are often injured in this way. It is time to face this problem.
I am not sure whether the main question I would like to ask is fair. I compliment the Department on the work it has done on the excellent document it has supplied to the committee. It has not indicated its preferred option, however. What does the Department consider to be the optimum approach? Will it continue to place an emphasis on increasing fines and enforcing the law?
I am not trying to tie down the Minister, who has blown hot and cold on this issue in the past. It is fair to ask the departmental officials for their opinions. They have examined the regulations in other countries. There seems to be a wide variety of responses to this problem among the various EU member states. They all seem to be examining this issue, to a greater or lesser degree. Does the Department consider that the current approach of fining, penalising and enforcing offers a better possibility for dealing with this problem than the approach of legalising and controlling? I do not wish to commit the officials to any position, but I feel it would be helpful to hear an expert view. If the Department tends to favour either approach, will the officials explain why it should be commended?
I thought Deputy O'Keeffe was an expert at reading between the lines. Surely the document we have been given contains an indication of the Department's preferred option.
The problem is that there are many lines.
I have raised this matter in the Seanad on a number of occasions since last Hallowe'en. Every year, many young people in all parts of the country receive serious injuries caused by the use of fireworks. A boy in his early teens in the Mullingar area lost three or four fingers and suffered a serious injury to his knee in such an incident last Hallowe'en. Another young person ten or 12 miles from Mullingar received a serious eye injury when fireworks were being used. I do not want to be a killjoy, but when joy kills it is time to do something about it.
It is clear that there is a legislative void in this regard. Perhaps we can take a more dispassionate view by considering the matter in the cold light of spring, rather than near the end of the year, as Deputy Jim O'Keeffe suggested. Something has to be done because the legislative void I mentioned needs to be filled by enabling legislation and regulations. It is possible that shady entities, including subversive organisations, are importing fireworks into this country and supplying them to young people. When young people in Mullingar are waiting for school buses, they are approached by people offering to sell them fireworks.
I telephoned the Garda a week after Hallowe'en when several loud bangs were heard at 2.30 a.m. in an area adjacent to where I live. I was contacted some time before Hallowe'en by a gentleman from approximately ten miles out the country who told me that loud bangs could be heard in his local area and he wondered what was causing the noise. He did not receive any response when he telephoned the Garda, but I received a response when I contacted the force. I do not wish to blame anybody.
The entire problem can be summed up quite simply, what is happening at present will have to stop because it is not good enough. Old people in their homes become afraid when fireworks are thrown through their letter boxes. Animals are driven scatty and young children are woken up at unsocial hours. Fireworks should be used only in controlled circumstances. A local newspaper in County Westmeath has reported on the use of the repeater, which can fire up to 50 rounds of fireworks. My daughter's bedroom window was struck by a firework. We can imagine what would have happened if a person or an animal had been struck in that way.
We have done enough talking, the time has come to take action. Explosives are being supplied by unscrupulous people who are driving a coach and four through the existing law. There is a need for a total and absolute review of the law sooner rather than later so that we are not saying the exact same things this time next year. Action is needed to ensure that members of the committee do not have to refer to further cases of serious injury.
I thank Mr. Lynch and Mr. Coates for attending this meeting and giving the committee so much documentation and making a fine presentation on this issue. The Minister, who is contemplating introducing more legislation, could learn something from the officials' good way of doing business by bringing ideas to the joint committee beforehand to tease out some issues. As other speakers have said, serious problems are caused by the increasing sale and use of fireworks in this country. It is a localised issue in the sense that it is most prevalent in October and the first couple of days of November. The use of fireworks during that period of time seems to be increasing every year. A great deal of fear has been generated, especially among old people, that they will be put through letter boxes as happens from time to time.
It starts in September now.
As fireworks are being used earlier in the year, it is amazing that according to page 4 of the document the value of fireworks seized by the Garda is so much less than it was in 2000. The number of items seized in 2000 was 5,759 and they had a value of £1.294 million whereas in 2004 36,000 items were seized but their value was only €408,000. It seems that while the Garda is seizing more fireworks, they are getting cheaper.
There must be something wrong with the original figure. It is odd that each item cost £200.
I can explain that, Chairman.
The extent to which fireworks use is increasing does not appear to be reflected in the value of seizures.
I am disappointed that the Government's response to the proposed EU directive has simply been to seek a derogation on grounds of public safety and security. In practice, that means the EU will issue a directive defining the type of fireworks which may be sold to the public. It will develop safety standards and prohibit the use of certain substances within fireworks. The effect of the directive will be to permit the free marketing throughout the EU of all fireworks which comply with its standards in every member state except Ireland.
Surely, our current problem is the result of having a law which prohibits the use of fireworks which differs from the law in the United Kingdom and Northern Ireland where they are permitted. The problem is the lack of an integrated, common policy on the island on the use of fireworks. Has consultation taken place with the authorities in Northern Ireland to establish a common legislative framework on the island as a whole? It is not necessary to unite the island to develop a common approach to fireworks in law. Whatever about a common EU approach, we will get nowhere in the absence of an all-island approach. Have policy talks taken place between the Department of Justice, Equality and Law Reform and the PSNI, the Secretary of State, legal draftsmen or other Northern Ireland or UK authorities?
There are strong similarities between alcohol and fireworks, both of which can be explosive. Even if we have a derogation from the directive, it will only last for a certain period. Eventually, we will have to conform with EU law at which point all legal fireworks will have to be registered. Standards and categories of product which can be sold will be drawn up and the times of year at which they can be supplied will be outlined. The system will be similar to the one in place to regulate the sale and supply of alcohol. As well as being sold in public houses, alcohol is sold in off-licences and it is with the latter that much of our serious problem of underage drinking originates. We have no mechanism to label alcoholic products with details of where they were sold. Can we put in place a mechanism to identify and label all fireworks to make known their origin? If we adopt the registration and licensing approach proposed by the EU to facilitate fireworks sales from certain retail outlets at certain times of year, a labelling system must be introduced to identify the source of any product illegally in the hands of any person under 16 years of age.
There is work to be done to get things right in terms of law and policy. There will be a fireworks display on St. Patrick's Day in the docklands area of Dublin which will be organised by a professional, commercial concern. That will be it, however. There will be no other fireworks displays as the practice has not caught on outside Dublin. While there are a certain number of fireworks displays on New Year's Eve, the phenomenon has not caught on as something in which the ordinary youth wish to involve themselves. Young people get involved in the accumulation of fireworks at one time of the year. Can a local authority policy to organise licensed, managed events in October leading up to Hallowe'en be developed? If a Hallowe'en festival were organised, it could be controlled and dispel much of the need and craving of youngsters for a product which is illegal but the cause of great excitement. I look forward to studying the documentation produced and any further Irish response.
It is not a simple matter.
I apologise for being late. I welcome Mr. Tom Lynch and Mr. Joe Coates to the committee. I echo the concerns of my colleagues and endorse their welcome for the initiative to recognise more fully the need to regularise the scenario in which people illegally use fireworks at certain times of the year. We must acknowledge that deaths and serious injuries have occurred where people unfamiliar with them have used fireworks. My colleagues have mentioned the effect of fireworks on elderly people who live alone and the nuisance which continues throughout the night during the months of October, November and December. Noise pollution is an issue which arises in this context.
An example of the insensitivity of people using fireworks involved a bereaved family waking a deceased relative at home while fireworks were being set off in the neighbourhood. We must consider the matter seriously. While the sounding of a motor car horn is illegal after 10 p.m., fireworks continue to be set off into the early hours of the morning disturbing neighbourhoods and people who feel absolutely helpless. The Garda are not in a position to address the problem. If one wishes to use a loudspeaker in a built-up area, one must seek permission from a local authority but the law on fireworks remains vague. I look forward to examining the Department's submissions. I note that it has already taken into account the concerns of the ISPCA and will consider the contributions of other organisations with an interest in the committee's work on this paper.
The nightmare with which the elderly must put up during the Hallowe'en period does not simply involve noise, but the putting of fireworks through their letter boxes and directed at their homes. I receive constant complaints about these activities. Fireworks cause nightmarish problems for people with disabilities, especially the visually impaired whose guide-dogs are extremely affected over a three or four week period. Some of the calls I have received from people with disabilities have outlined horrific problems.
Having visited France many times on holiday, I am always fascinated by the fact that thousands of teenagers there will attend a supervised fireworks display in a park or on a beach at 11 p.m. and go home after an hour without engaging in anti-social behaviour. It amazes me that this can be done in France but not Ireland.
I welcome the officials and their excellent presentation. I agree that Age Action Ireland and organisations representing people with disabilities should be consulted, particularly on the issues raised by members. Members of these groups suffer every year from September until Hallowe'en when they live in grave discomfort and fear because of the irresponsible use of fireworks by youths and others. These problems must be addressed and the presentation provided a starting point for doing so.
I share Deputy Costello's concerns regarding European Union standards. If we do not comply with them, it is possible that most illegal fireworks being imported to Europe will enter through this State. We must consider this possibility. Who decides to which category a firework is allocated?
I, too, have questions. I join members in thanking members of the delegation for their clear exposition of the current position and detailed thoughts on the issue of fireworks. Fireworks cause horrific problems for practically two months of the year, particularly for the elderly. I was also touched by Deputy Finian McGrath's comments on the problems they cause for people with disabilities.
Ireland has many new communities, including some with a tradition of celebrating festivals with fireworks, for example, the Indian and Chinese communities. How can we ensure their traditions can be maintained in the multicultural society to which we all aspire? How can we avoid discouraging their traditions?
While it is good to consult Members of the Oireachtas, the representative of the public, from a public relations point of view has the Department considered engaging in public consultations on this issue at grassroots level? Has it considered, for example, visiting schools to ascertain the views of children and use them to try to reduce and minimise the problem? Children are often the perpetrators of acts which create problems or injure people, although they may be inadvertently drawn into them.
Half the traders in the country import fireworks directly from China and India. While I have no doubt standards in India and China are constantly improving, how can we be sure that imported fireworks are safe and comply with all regulations?
I have availed of the opportunity to read up on the brief in greater detail. There is a distinction between the British position and that of Northern Ireland. I am taken by Deputy Costello's proposal — this has nothing to do with the Mullingar accord — to introduce a scheme common to both parts of the island. It is attractive because it would eliminate problems such as smuggling and illegal importation. However, noting that the position in Northern Ireland appears to pre-date that of Great Britain, is it a realisable objective to seek to have the Northern Ireland position aligned with that of Britain to have one system common to both islands? If so, should we pursue it?
I will answer some questions while my colleague, Mr. Coates who has been involved in the expert committee on the EU directive, will address the more technical issues. I will briefly address the derogation because it appears a slight misunderstanding may have arisen. One of the difficulties with the directive is that, if it is implemented as framed, it will require the free sale of fireworks throughout the European Union. We are gradually getting support for our position from colleagues in other member states who are beginning to realise that a pubic safety and security issue is involved. The derogation we seek would mean there would not be free movement and free sale. Instead, individual members states would be able to make provisions to control the free movement and sale of fireworks from a public safety and security point of view. We are, therefore, seeking to strengthen the public safety and security aspects of the directive. As Mr. Coates will confirm, we are getting support from other member states, particularly on the basis of public safety concerns. As I stated, the directive is coming from a marketing direction.
Deputy Jim O'Keeffe asked what is the preferred option. In placing this document before the joint committee, the Minister hoped members would consider it over the next month or thereabouts before producing a view on it. It is difficult to talk about a preferred option for a number of reasons. No single option stands alone and ultimately, when the various issues are considered, a combination of options may emerge which will best ensure that the form of liberalisation that takes place can be properly controlled. This is the reason we presented the issue in a particular way.
Deputies Costello and Jim O'Keeffe asked whether the United Kingdom, Northern Ireland and the Republic should have a common position and referred to the approaches taken in various other European countries. We hope that once the directive is implemented and sets standards, fireworks will be properly marked and of a proper standard. If we have to liberalise the sale of certain fireworks, which I believe will be the case, greater coherence will emerge between the various policies and laws of the member states. I hope my reply goes some way towards answering the Deputies' questions.
I have explained the derogation issue. In reply to Deputy Costello's question as to whether we engaged in consultations with our colleagues in the North, we have done so. Northern Ireland introduced new regulations a couple of years ago, which essentially require that anyone using fireworks must have a licence.
The difficulty with that particular approach — it is the way they have gone with it — is that while they have the British standards, each individual licence would require a detailed check from a standards point of view. While the way in which the system operates in Northern Ireland has been very successful in reducing the number of licence applications, it is largely the system itself which is slowing down the process rather than enhancing the standards issue. That is something that will be addressed in the context of the approach taken by the European Union.
Mr. Coates will go into more detail on the issue of fireworks labelling and standards. He will also deal with who carries out the classification.
We would hope this document would be sent out to as wide a group as possible, such as schools and other such places. We would not have any difficulty in doing that, if that is the way to go. We will consult widely with the public. We have set out the vulnerable groups in chapter 7 with whom we will directly address the issue. We will also have it on our website. Mr. Coates will now deal with some of the other issues
Mr. Coates
Deputy Jim O'Keeffe referred to what is happening in other countries in the EU and inquired if there are common policies. One of the most striking things in this document is the survey which was done by the EU of all the countries in the EU and the various attitudes to fireworks that prevail in those countries. Different cultural attitudes to fireworks are apparent. Certain countries such as Italy and Spain have a very different approach to fireworks than the Nordic countries or we would have, for example.
An interesting survey was also carried out of recorded accidents in the EU. Of the countries which responded to the survey, two countries had the lowest reported rate of accidents, Ireland and Greece. Significantly, Ireland and Greece both effectively also have a ban on consumer fireworks. The survey cautioned against reading too much into these statistics because different countries have different ways of recording accident statistics. For example, the figures given by Ireland only included hospital admissions, as was also the case in several other countries.
The way the classification of fireworks operates is that to qualify for the EU quality assurance mark, the CE mark, the fireworks have to be submitted for testing to notified bodies within the EU. Ireland does not have a laboratory for testing explosives of that nature but there is one in the UK for example. Several EU countries have these accredited laboratories. For fireworks to come into the EU and get the CE mark, they have to be submitted for testing. Once the fireworks have been tested in accordance with the EU's standards they can carry the CE mark and be placed on the market.
The labelling is detailed in the particular EU standards. I work on the European standards committee on fireworks. That work has been going on for the past ten years and it is now almost complete. Standards are available for many different types of fireworks. Those standards include labelling, performance and safety measures to be taken with fireworks and also the testing of fireworks. The standards are very comprehensive.
Deputy Costello raised the issue of Ireland's derogation from the directive. To clarify that, Ireland was totally in favour of the directive from the beginning and also totally in favour of European standards. The only reservation we had was that, as Mr. Lynch mentioned, the original intention of the directive which started off as a regulation was to have all fireworks freely available across Europe without any hindrance. From the beginning we mentioned that there were certain security and safety considerations that would have to be taken into account. Various other countries agreed with Ireland because they had their own problems with particular types of fireworks. This again is related to different cultural attitudes in different countries.
In the latest draft of the directive, there is a paragraph which allows for national measures to be taken on the grounds of safety or security in regard to category 2 or category 3 fireworks only. Category 1 fireworks, as was mentioned earlier, are on the face of it an innocuous type of firework which can be used indoors. In certain European countries bangers are classified as category 1 fireworks. Ireland would be totally opposed to bangers being freely available for sale to the public. These are the types of measures that will have to be built into the directive to allow countries to restrict certain types of fireworks that they consider unsuitable for use in their jurisdictions.
Certain other fireworks were found to be ideal for use as weapons. Even though when properly used they are very safe, they are also very effective weapons and that has to be taken into account. There must be some control system available to limit or control certain types of fireworks.
We emphasise in the document that fireworks are explosives and they are very dangerous items. If properly used they can be very entertaining. It was mentioned earlier that properly conducted organised fireworks displays are very safe and enjoyable for everybody. That is certainly the case. Statistics will show that most accidents happen through the misuse of fireworks. It is also the case that anti-social behaviour is the cause of most of the distress about which we have heard today.
It is a fact that most fireworks imported into the EU are manufactured in China. That is okay if they are properly tested, pass the required tests and carry the proper quality assurance markings. Obviously in a controlled situation where fireworks are properly imported and where there is a quality assurance programme in place, one can ensure that the fireworks are at least properly made. That obviously does not apply to smuggled fireworks. Statistics also show that most of the accidents occur through the misuse of fireworks and not through poor quality fireworks. One can have a firework that is very well made but if it is misused, it can cause damage. The most common types of misuse include the misdirection of fireworks, holding on to it for too long, holding on to the wrong end of it, directing it as a weapon, tying it on to an animal or putting it into a letterbox. This has to be addressed in the policy which is eventually chosen.
Mr. Coates stated that bangers are not classified as category 1 in Europe. Who actually classifies the categories?
Mr. Coates
The categories of fireworks that are freely available in Ireland and throughout the British Isles are classified under the British standard system. As I stated, these fireworks are subjected to tests in test laboratories, as a result of which they are categorised.
Are we a bit schizophrenic in our approach to the European proposals in that we fully support the proposal for the free sale of fireworks while requiring a derogation that would allow us to control, in the interests of safety and security, fireworks in categories 2 and 3? I presume these are the main categories. We are also opposed to the sale of bangers, which are in category 1. I presume we want them transferred to categories 2 and 3. Are we supporting free trade and enterprise while not supporting the proposal at all?
We have to consider it in two different ways. It is one thing to talk about free trade——
That is what I believe we are doing.
One must. Nobody is objecting to free trade but we are seeking that in allowing the sale of fireworks, if that is the direction in which the EU goes, there will be proper safeguards in place. There is no point in having standards for fireworks if they are freely available. Some of the fireworks are extremely dangerous. As Mr. Coates stated, we have sought to have included in the directive a stipulation that all member states, not just Ireland, will be allowed to introduce their own legislation that would enable them to control the more serious types of fireworks. This applies to categories 2 and 3.
Category 1 fireworks represent a relatively low risk — it depends on how they are used. However, when one considers that some fireworks have the power of a grenade, one must question whether they should be freely available in a free market. That is the issue we must address. The directive was originally conceived on the basis of free trade but then people argued that there were real safety and security issues associated with the very dangerous types of fireworks available on the market, so much so that controls are required. We were the first to sound the warning and other member states have agreed that there is a need to go in this direction. This leads one to consider the standards issue.
Ultimately, all member states will probably agree on a final directive that will establish certain controls regarding the more dangerous types of fireworks. We anticipate that it will not be finalised for another 12 months. Considerable work has yet to be done. We are just signalling the reality of what is coming down the line.
To pursue the point further, I want controls to be in place in respect of dangerous fireworks. Surely other member states would want them as well. Surely nobody wants fireworks with the power of a grenade to be freely available for sale to kids in shops during various celebrations, be it Guy Fawkes night, Hallowe'en or the Chinese new year. Is it beyond the bounds of possibility to have some kind of common approach in Europe?
There will be such an approach eventually. What is required is a harmonisation of law and policy across the European Union. It will take some time to achieve it. Some countries currently have no restrictions at all while others have certain restrictions.
Is there a timeframe for the review of this issue? When can we expect the directive to come into effect?
In presenting the document to the committee, we had hoped the committee would take some time to consider it. It is the Minister's wish that the committee would, if possible, forward its observations to him within two months. We propose to circulate and post on our website the names of the bodies referred to in the chapter on consultation. After a consultation period of six weeks to two months, we hope to be in a position to draw up a final policy document and proposals for changing the law. That may have to be reviewed further when the EU directive comes into force in 12 or 18 months. We could be very much on the road to addressing some of the issues in the meantime.
I am worried that, by September, we will not have completed a detailed consultation process or produced new legislation covering all angles and the kinds of problems raised by the members of the committee. We will certainly not have the EU directive. Is there any way in which we could have a short-term measure to enable some controls to be put in place? Could something be done so poor, old or disabled people will not be referred to, perhaps for six or seven weeks towards the end of the year, as being besieged, in hospital or otherwise? Is there anything we could do reasonably quickly. I appreciate that this subject refers to legislation of 1875 and that it may take a while to put a final policy in place.
I notice that the United Kingdom introduced a measure that gave legislative power to the Home Secretary or some such person to introduce regulations. Is there a case for such a provision in Ireland? It would not necessarily have to be the final product but it would bring some benefit to our long-suffering people who will suffer again towards the end of the year.
I note from a survey that in Denmark there were 100.4 accidents per one million people in 2002. In the United Kingdom there were 16.9 accidents per one million people. In Estonia, there were 7.3 accidents per one million people and in Norway there were 30.3 accidents per one million people. However, Ireland had 2.1 per million, which is very small number relative to the other countries. If we adopt the same policy as other member states, will the number of accidents per million people will increase significantly?
Mr. Coates
As I mentioned, that survey was based on whatever figures were given to its authors by the participating countries. It is not certain that each country calculated its statistics on the same basis. Ireland's statistics are based on hospital admissions only.
Do the delegates believe the number pertaining to Ireland will increase?
It is hard to say. We can take it that the more one makes fireworks available, the greater the likelihood of accidents. That is a reality.
What will be the Irish position for the foreseeable future, bearing in mind the EU directive?
Excluding the EU directive?
Taking it into account.
If the EU directive requires that fireworks be made readily available, our position will depend on the types of fireworks that will be made available or the extent to which they will be available. If they are in category 1, they represent a relatively minor hazard and therefore the types of injuries they might cause are not serious. If, however, they are in categories 2 and 3, they are very dangerous. The EU is beginning to listen to our approach, particularly in regard to category 2 and 3 fireworks. However, if we were to go down that road or be pushed by the EU, there would undoubtedly be serious injuries.
Should we be against the principle of the free sale of such dangerous items? I refer to our approach to the EU directive in regard to the freedom of sale of such items, some of which I accept are quite dangerous, apart from the problems associated with anti-social behaviour. Should we not be against the EU directive? Why should we support the free movement and sale of items which we believe to be dangerous?
We are pushing to have dangerous items such as category 2 and 3 fireworks controlled, allowing for control by national laws covering their licensing, importation or manufacture. To a certain degree, we do not have problems with the free trade of lower quality fireworks. However, in regard to the marketing of higher quality products, we have already sounded a note of warning that it must be controlled. Of course there can be free marketing in respect of certain categories of fireworks but not of others.
Mr. Coates
Category 1 fireworks include party-poppers and sparklers. Sparklers sound very innocuous, which they are if they are held and used properly. However, if a child misuses a sparkler and holds it while the wire is still hot, he or she will be injured. Therefore, the availability of fireworks of any description could bring an increased number of accidents and injuries. Our policy proposals suggest that any liberalisation of the market of any type of fireworks, including category 1, would have to be accompanied by an effective consumer safety programme to educate and spell out the dangers. One cannot have one without the other.
Ireland is a very small country when one considers that the population of Europe is 450 million people. In this context, what would be the effect of the Department's intercessions? Will its proposals be listened to? Will the officials be involved in punching above Ireland's weight again as our superior civil servants and diplomats have done for years?
Mr. Coates
The directive began its life as a regulation. We argued, among others, that perhaps a directive might be a better option because of the differences between different countries. As I originally stated, the Commission envisaged that all categories of fireworks would be freely available. However, we have argued the case to a position where the Commission has agreed to allow measures for categories 2 and 3. We also pointed out that category 1 fireworks could also be dangerous and mentioned bangers as an example.
The latest position is that in the next draft of the directive, certain fireworks in category 1, such as bangers, might also be restricted as well as fireworks in categories 2 and 3. Therefore, rather than allowing all category 1 fireworks to be freely available, the Commission is considering an agreed list of those that would be.
Before we end, will Mr. Lynch quickly explain the table on page 4?
I assume the Chairman refers to the value of €1.29 million as against 5,759 items, when compared, for example, with €57,000 as against 25,000 items. Three very large hauls in big lorries were made that year, which were categorised as three individual items. Therefore, the number of items refers to the number of seizures and a large seizure can be listed as one item. That is how the discrepancy arises. The statistics do not refer to tonnage, for example.
We will have many fireworks before the policy on fireworks is finally settled.
I propose that the committee establishes a small working group comprising the principle spokespersons, convenors, Chairman and Vice Chairman, which will return to the issue with Mr. Lynch and Mr. Coates with a more detailed approach to this issue. Is that agreed?
I support the Chairman's proposal.
Agreed. I thank Mr. Lynch and Mr. Coates for appearing before the committee. There has been something of an explosion here and the proceedings were a great deal more robust with more sparks in the air than I anticipated. This is a huge problem which we need to address. I hope that we can assist Mr. Lynch and Mr. Coates in this regard.
The joint committee went into private session at 4 p.m. and adjourned at 4.10 p.m. sine die.