The Minister today spoke of the dangers and penalties associated with the illegal use of fireworks and urged the public not to engage in their use, particularly in the run up to Halloween.
The Minister said “Unfortunately at this time each year a number of people are injured, some badly, as a result of the misuse of fireworks. Many of these casualties are children or teenagers who in some cases lose fingers or even hands and can also suffer serious burns or eye injuries. Most of these injuries are caused by powerful fireworks such as bangers, rockets and roman candles. The laws governing the use of such fireworks are particularly robust and licences under the Explosives Act 1875 are only issued by my Department for the importation of fireworks which are to be used in organised displays conducted by professional operators”.
The Minister further noted that “Over the coming Halloween period, there will be a number of such professional firework displays being held around the country and I would encourage anyone who wants to enjoy the spectacle of fireworks to attend such events, where possible”.
Given Ireland’s strict laws on the matter, fireworks, except for the likes of sparklers and party poppers, are not permitted to be sold to the general public in the State. Unfortunately there will always be some unscrupulous trader who will source such fireworks from outside the State and attempt to sell them on. The Minister referred to the good work done by An Garda Síochána each year in their attempts to reduce the availability of such illegal fireworks.
He noted that “An Garda Síochána take many pro-active steps each year in the areas of prevention and enforcement by putting specific provisions in place in the run up to Halloween. Attention will be paid, in particular, in the Dublin Metropolitan Region and border Divisions, so as to prevent and detect the organised importation for sale of fireworks in the coming weeks.”
The Minister further commented that “The law in recent years has been tightened giving extra powers to An Garda Síochána to conduct searches of people and vehicles suspected of carrying illegal fireworks with intent to sell or supply. I am confident that the Garda authorities will continue to have success in this regard.
On the subject of offences, the Minister also referred to the severe criminal penalties that apply in respect of illegal fireworks. He said “Fireworks are not only dangerous; there are severe criminal penalties that rightly apply. For example, simply having illegal fireworks in your possession can result in a fine of up to €10,000. The same penalties of up to five years' imprisonment apply to the possession of illegal fireworks with intent to sell or supply and to igniting the fireworks or throwing an ignited firework at a person or property”.
The Minister noted how his Department will continue to ensure that the general public is not only made aware of the dangers of fireworks, but that it is also aware of the consequences of a breach of the legislation and the penalties that can arise from these. In this regard, he referred to the fact that each year, as Halloween approaches, his Department places a notice in the print media highlighting both the public safety aspect as well as the illegality of using fireworks.
The Minister concluded by noting that all citizens must play their part. He said “Whereas my Department and the Garda Authorities will continue to do everything possible to prevent the misuse of fireworks, it is incumbent on all of us to play our part in ensuring that we can all enjoy the festivities of Halloween in a safe environment. One must remember that if one partakes in an activity involving unlicensed fireworks, you are potentially putting the safety of others, and indeed the lives of others, at risk. Fireworks are therefore best left to the professionals.”
ENDS
Note for Editors
Illegal Fireworks
Fireworks are classified as explosives and the most common constituent is black powder (gunpowder), however some contain even more dangerous substances. Because they are explosives, fireworks are regulated under national and EU legislation and can only be imported into the country under licence and stored and sold in accordance with explosives law. To date, the Department has issued approximately 250 importation licences in respect of the fireworks to be used for pyrotechnic displays.
It is therefore illegal to possess fireworks (other than low hazard ones such as sparklers and party poppers) without a licence. Regulations came into law in 2006, which make it an offence to:
· Possess a firework with intent to sell or supply, without a licence
· Light unlicensed fireworks
· Throw or direct a lit firework at any person or property
Department’s placement of Notice in the national print media
Each year, the Department has placed a notice in the print media highlighting the dangers and penalties associated with the illegal use of fireworks. The Department will also be highlighting the notice on its website, as will the National Consumer Agency (NCA) and Scoilnet (i.e. the Dept of Education and Skills official portal for Irish education which offers a range of information to students, teachers and parents alike.)
€10,000 fines and/or 5 years imprisonment
Part 6 of the Criminal Justice Act 2006 amended the Explosives Act 1875 to give the Gardaí the power to make arrests in relation to the possession of unlicensed fireworks.
The penalties for offences are very severe. Simply having unlicensed fireworks in your possession can result in a fine of up to €10,000 whereas one is liable to up to five years' imprisonment for possession of unlicensed fireworks with intent to sell or supply. Igniting the fireworks or throwing an ignited firework at a person or property is also liable to the same severe penalties.
Garda Initiatives
An Garda Síochána launch a specific Halloween policing operation in the run up to Halloween each year called “Operation Tombola”. The initiative encourages greater safety over the period by creating awareness for parents to be vigilant and to protect their children against the dangers of the use of illegal fireworks and the risks associated with bonfires.
Operational Orders are prepared in every Garda Region, in particular the Dublin Metropolitan Region and Border Divisions, to prevent and detect the organised importation for sale of fireworks in the lead up to Halloween and to police the Halloween period.
Persons suspected of engaging in the importation, supply or sale of illegal fireworks will be identified and targeted. Intelligence-led operations and searches will be conducted.