The Explosives Act 1875 provides for control of the importation, manufacture, storage and sale of fireworks. The 1875 Act was amended by the Criminal Justice Act 2006 which came into effect in August, 2006. The amendments provide for new offences governing the possession of illegally imported fireworks with intent to supply. They also provide for significantly increased penalties governing the illegal importation, sale and use of fireworks.
Under the provisions, it is an offence
for any person to possess a firework with intent to sell or supply, without a licence,
to throw an ignited firework at any person or property, and
to light unlicensed fireworks in a public place.
The penalty for such offences is as follows:
a fine of up to €2,500 or 6 months imprisonment or both on summary conviction, and
a fine of up to €10,000 or 5 years imprisonment or both on conviction on indictment
The simple possession of fireworks without a licence is also an offence for which a person may be liable to a fine of up to €10,000. An advertising campaign will be launched this week in the national and regional newspapers to highlight to the public the dangers of fireworks and the significant penalties that exist for their illegal use.
Operation Tombola, the annual Garda operation to combat the illegal sale of fireworks, was launched in September this year. Each Assistant Commissioner, in conjunction with their senior management teams, puts initiatives in place in each Garda Division, based on information and intelligence available, to prevent and detect the sale and organised importation of fireworks, particularly in the lead up to Hallowe'en. Particular emphasis is given to the Garda Divisions in the Border regions and also to the Dublin Metropolitan Region. All operational Gardaí, together with dedicated resources specifically deployed for this Operation, are tasked with preventing and detecting such offences.
Given the new offences and increased penalties that now exist, the enforcement capability of An Garda Síochána is greatly strengthened and I expect that the Garda operations will be even more successful this year, in combatting the illegal importation, sale and use of fireworks.