Dáil Éireann Debate, Tuesday - 8 December 2020
514. Deputy Darren O'Rourke asked the Minister for Justice the number of persons successfully prosecuted for possession of fireworks without a valid licence in each of the years 2018, 2019 and to date in 2020, in tabular form; and the monetary value of fireworks seized by An Garda Síochána in the years in question. [41439/20]
View answerAs 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.
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.
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.
There are serious penalties for breaching the legislation relating to fireworks. 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 breaches of the legislation governing the importation and use of fireworks.
While the information regarding the number of prosecutions is a matter for the DPP, in order to be of some assistance to the Deputy, I have had enquiries made of the Courts Service and they have provided the information requested on convictions in the table below. The Deputy may be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, and this includes information relating to convictions.
It should be noted that this information provided has been drawn from instances where prosecutors used offence codes. It is possible for prosecutors to use uncoded free text when inputting offences. Where uncoded free text has been used, any such offences are not included.
|
- |
Jan- Dec 2018 |
|
Jan - Dec 2019 |
|
Jan to Oct 2020 |
|
|
|
Offences |
Persons |
Offences |
Persons |
Offences |
Persons |
|
Possession of a firework for the purpose of sale/supply |
3 |
3 |
5 |
5 |
3 |
3 |
|
Igniting firework |
|
|
3 |
3 |
|
|
|
Throw/direct/propel ignited firework |
1 |
1 |
|
|
1 |
1 |
|
Total |
4 |
4 |
8 |
8 |
4 |
4 |
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.
I am informed by the Garda authorities that the following table sets out information on the number of explosives seized in the years 2018, 2019 and to date in 2020 as well as their estimated value.
|
Year |
No. of Explosives Seized |
Estimated value of seizure |
|
2020 |
250 |
€36,341 |
|
2019 |
155 |
€34,378 |
|
2018 |
214 |
€53,129 |
