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Dáil Éireann díospóireacht -
Tuesday, 11 Nov 2003

Vol. 574 No. 1

Explosives Legislation.

It is odd that I have chosen a night following Hallowe'en to raise the sale and use of fireworks but I do so to give the Department of Justice, Equality and Law Reform an opportunity to engage in a comprehensive and informed debate regarding how fireworks ought to be regulated. A number of commentators said Hallowe'en in Dublin this year was similar to Baghdad or Beirut. However, better quality fireworks were used this year. More than 2,500 people attended a well organised fireworks display in Ballymun in my constituency. It was organised by the Garda, the Civil Defence, the Order of Malta, the Army and local community organisations. All the local community organisations were represented and there were very few satellite bonfires or fireworks displays. A number of other displays throughout the city were also well organised. In that context, it is opportune to consider the current situation. Coincidentally, a woman from the Raheny-Howth area telephoned me today, expressing concern about the dangers posed to aircraft landing at Dublin Airport by the huge number of fireworks displays at Hallowe'en. Perhaps that has no serious implication for landing aircraft, but it goes to show that people are still concerned about the implications of bonfires and fireworks.

Having researched the Official Report, I found that this issue had been raised by a number of Deputies from both sides of the House, when Ministers from different parties were in charge. Curiously, the replies on each occasion were virtually identical. I will be interested to hear whether the Minister of State is allowed to deviate tonight from the standard reply to such debates. Since early September, fireworks have been blasting in flat complexes and housing estates throughout Dublin, the area with which I am most familiar and concerned. It can be a terrifying experience for older people and, since the use of fireworks began early this past autumn, from the end of August in some cases, many of them have not left their houses after 4 p.m. or 5 p.m. That is an issue which needs to be confronted.

I have received a large number of letters and telephone calls asking for action to be taken so that people do not feel threatened in their homes. In some flat complexes, elderly people have had to seal up their letter boxes to prevent fireworks from being dropped through them. They live in fear and there is a huge level of discomfort. Pets and other animals have been frightened. I have read the advice given by a British horse society to horse owners on how to deal with the consequences of the use of fireworks in their vicinity. In one instance in Dublin, fireworks were thrown into a shop in Cabra, causing considerable damage.

Fireworks which come into the hands of young children, mainly, pose great risks to them. I compliment the Garda on the excellent work done in this regard, as illustrated on a television programme last night. However, despite working covertly and otherwise, the number of seizures is still not substantial. We rely on section 80 of the Explosives Act of 1875 to deal with the throwing of fireworks and so on. While I have no intention of being a spoilsport, one has to be very careful when using fireworks. While I do not wish to have the Act used severely against young people unless they deliberately throw fireworks dangerously, I am anxious that there should be some reform. I am concerned that we must still rely on section 4 of the Explosives Act 1883 to deal with those who have explosives in their possession or control. It is definitely time to update legislation which is over 100 years old.

Clearly, parents have a responsibility, which most of them take very seriously. An extremely disconcerting issue with regard to the type of fireworks found on our streets is their country of origin. Largely, they come from China and they are dangerously volatile. In America, some states have introduced legislation to regulate the use of fireworks and the number of accidents has fallen very significantly as a result. I ask the Minister of State to bear in mind the concerns I have expressed and to convey my views to the Minister for Justice, Equality and Law Reform.

I apologise for the absence of the Minister for Justice, Equality and Law Reform, Deputy McDowell, who has asked me to thank the Deputy for raising this matter and allowing an opportunity to set out the position in this regard. As the Deputy is aware, under the Explosives Act 1875, the Department of Justice, Equality and Law Reform has responsibility for the importation, transportation and storage of explosives, including fireworks. Consequently, to import fireworks, an importation licence granted by the Department of Justice, Equality and Law Reform is required. It is a long-standing policy that such licences are granted only for organised displays conducted by professional and experienced operators. Licences are not granted to import fireworks for sale. Prior to the granting of an importation licence, the Department consults with the relevant local authority and the Garda Síochána to establish if there are any objections to the display. The relevant local authority and the Garda Síochána can prevent any organised display from proceeding if, in the opinion of either authority, it is not safe to do so.

The use of fireworks under such controlled conditions minimises the risk of injury and mishap and enables the spectacle of large fireworks displays, such as the skyfest display for St. Patrick's Day, to be enjoyed in safety. It is clear, however, that supplies of fireworks continue to be imported into the State in contravention of the law, especially around the Hallowe'en period, and that they are finding their way into the hands of young people. Much of what is illegally imported is of dubious quality. Unscrupulous individuals seek to flood the market with as many of these poor quality fireworks as they can sell to make a quick profit, with no regard for the safety of young people using them.

During the Hallowe'en period, a concerted effort is made by the Garda to control the illegal possession, sale and use of fireworks. In enforcing the regulations regarding fireworks, the Minister for Justice, Equality and Law Reform is 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 to identify persons involved in the illegal importation and sale of all types of fireworks. Specific policing plans, such as Operation Tambala 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. Community gardaí are particularly active in identifying problem areas and, using their local knowledge, concentrate on areas where youths using fireworks tend to congregate. The Garda was also involved in a public awareness media campaign, aimed at parents and children, regarding the dangers of handling fireworks.

This year efforts by the Garda have resulted in the confiscation of large quantities of illegally imported fireworks. On behalf of the Minister, I take this opportunity to congratulate the Garda Commissioner and members of the force on their success in this regard. The Minister for Justice, Equality and Law Reform is aware that an argument is being made in favour of relaxing the policy to permit the importation of fireworks for individual use so as to enable the quality and use of fireworks to be regulated and controlled. It seems, however, that the potential advantages of any change in policy would have to be very carefully assessed and weighed against the disadvantages arising from the increase in the use of fireworks to which the change would undoubtedly give rise.

The current restrictive licensing policy, in conjunction with seizures of illegal fireworks, go a long way towards protecting the public from the inherent dangers of fireworks, while ensuring that people are not deprived of the enjoyment of the spectacle of fireworks operated by professional and experienced persons in a controlled environment. It is incumbent on us all to take a share of responsibility in this matter. Vigilance cannot be left to the Garda alone. Parents, in particular, should ensure that their children are aware of the dangers posed by fireworks.

While the Minister recognises the reed for updating the overall legislation in this area, which dates back to the century before last, and while a review to this end is ongoing in his Department, there is a need to be conscious of the genuine concerns which people have about the use of fireworks. It certainly does not follow that a scheme for regulating the use of fireworks which might be authorised here would, of itself, deal with the problem of the importation of illegal fireworks. Once again I thank the Deputy for raising the matter in the House this evening. The points he has made will be fully taken into account by the Minister for Justice, Equality and Law Reform in the ongoing review.

The Dáil adjourned at 9.10 p.m. until 10.30 a.m. on Wednesday, 12 November 2003.

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