Dáil Éireann Debate, Wednesday - 16 September 2020
111. Deputy Mark Ward asked the Minister for Justice if her Department has recently reviewed the legislative provisions in relation to the illegal use of fireworks; if such a review is planned; and if she will make a statement on the matter. [24241/20]
Amharc ar fhreagraIt is important to be aware that fireworks, because they are explosives, are regulated under national and EU legislation and can only be imported into the country under licence and stored and sold in accordance with the explosives law. Ireland has particularly robust laws governing the importation and use of fireworks.
The Deputy may be aware fireworks are classified into four separate categories, depending on their level of hazard and whether they require specialist knowledge for use. Category F1 is the least hazardous category and covers party poppers and sparklers, while Category F4 represents the most hazardous. A licence is required to import any category of firework and because Government policy restricts the availability of all hazardous fireworks to the general public, licences to import anything over a F1 category firework will only be granted to professional and competent operators for the purpose of organised displays.
The penalties provided for in connection with firework related offences are severe. Under part 6 of the Criminal Justice Act 2006 having unlicensed fireworks in your possession with intent to sell or supply can result in a fine of up to €10,000 and up to five years imprisonment. Igniting fireworks or throwing an ignited firework at a person or property is also liable to the same severe penalty.
There is currently no review of these provisions planned but I would like to reassure the Deputy that my Department and An Garda Síochána engage in specific and targeted activities at this time of year to promote a message of public safety and compliance with the law.
It may also interest the Deputy to know that in addition to the power to make arrests for the possession of unlicensed fireworks provided for by Part 6 of the Criminal Justice Act 2006, 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.
