Hazardous Substances.

Dáil Éireann Debate, Tuesday - 6 April 2004

Tuesday, 6 April 2004

Questions (263)

Pat Rabbitte

Question:

354 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform if her attention has been drawn to concerns expressed at the security implications of the importation of significant amounts of enriched ammonium nitrate blends of fertilisers from outside the EU, especially in view of reports that such material has been used in terrorist bombings abroad; if, in view of the fact that the importation into Northern Ireland of such material has been banned by the authorities there on security grounds, he has plans to impose similar controls or restrictions in this jurisdiction; and if he will make a statement on the matter. [10741/04]

Written answers

Minister for Justice, Equality and Law Reform (Mr. McDowell)

Ammonium nitrate and ammonium nitrate-based fertilisers have been used by terrorists to manufacture improvised explosive devices in this jurisdiction, and in Northern Ireland, for many years. For that reason, regulations were introduced in 1972 in both parts of the Island declaring ammonium nitrate and some ammonium nitrate-based fertilisers to be explosives.

In particular, SI 191 of 1972, Explosives (Ammonium Nitrate and Sodium Chlorate) Order 1972, declares that the substances specified in the Schedule to the order shall be deemed to be explosives within the meaning of the Explosives Act 1875. The Schedule to the order includes, inter alia, ammonium nitrate and certain fertilisers which contain ammonium nitrate in excess of 79% by weight. Under the terms of the order, these substances are deemed to be explosives within the meaning of the Act and are, therefore, subject to the same security controls for licensing, importation and storage as conventional explosives.

The Northern Ireland order was amended in 1996 to state in essence that no one particle in a blended fertiliser may contain more than 79% by weight of ammonium nitrate. This means that if a blend contains a single granule or "prill" of ammonium nitrate it would fall within the remit of the order and would be declared an explosive.

The question of amending the relevant order in this jurisdiction in line with the amended order in Northern Ireland was considered in 2000 but, following consultation with all relevant agencies, including the Forensic Science Laboratory, the Department of Agriculture, Food and Rural Development and the State Laboratory, it was decided that such an amendment was not necessary. However, in the light of recent events and the concerns expressed in relation to certain imports, I have asked officials of my Department to consult urgently with all relevant State agencies and the industry to examine these substances with a view to assessing the ease of segregation of ammonium nitrate from the blended fertiliser and to make recommendations in relation to the control of the substances.