Will a proposed clampdown on fireworks finally control their use, or would legalisation work better, asks Shane Hegarty.

'I shouldn't actually be selling you those fireworks," says the man behind the counter in his store full of bangers, rockets, Catherine wheels and some devices that look like they could make a very loud explosion indeed. But he is quite happy to sell them.

His Northern Ireland fireworks trading licence is displayed on the door, and he's supposed to tell the customer to apply for a garden fireworks licence; he should hand over a form, which should be sent to the Northern Ireland Office complete with a £30 (€44) postal order. And if you have a Southern address, you shouldn't get a licence anyway. In fact, signs south of the Border advertising fireworks should be redundant.

When asked about the licence he raises his eyebrows and admits that if it was policed better, that would be the end of that. Even so, the Southern business isn't what it used to be, he says. "There's not the money to spend any more. You wouldn't be long seeing £100 [ €146] go in the air."

Business is down among the North's legitimate firework sellers and it's easy to see why. Going up from the South you could lob a firecracker farther across the Border than the distance it takes to find a place to buy fireworks, but in several of these locations The Irish Times was dutifully informed that the licence would be needed to purchase anything.

However, given the choice between applying for a licence that might cost more than the fireworks, many either find someone willing to sell fireworks without it, or they turn to the black market.

At markets both North and South, fireworks can be found on open sale. Sellers sometimes go door to door. "The heart has been ripped out of the business," says one trader.

In the Republic, fireworks are prohibited, yet they seem to be everywhere (see panel). Since the beginning of September, estates have been echoing to the booms and cracks of rockets. On Halloween, as towns are lit up like war zones, those with fireworks won't feel it necessary to hide the fact that they've broken the law. And for weeks afterwards, the remaining fireworks will be lit sporadically.

Many elderly people will feel intimidated by the commotion, and it's a sad truth that several guide dogs are annually retired because of the sudden noises. While the Garda insists it does everything it can to stop the problem, it is all but powerless to intervene. Even the Department of Justice has admitted "there are no effective measures which can be taken against persons involved in public nuisance or anti-social behaviour with fireworks".

Gardaí seized approximately €2 million worth of illegal fireworks between 2000 and 2004, but with the streets lit up nightly there are some who believe the situation has become patently absurd and that it's time to go the British route and legalise the activity.

"I think it should be brought back in line with what happened in Northern Ireland," says Fine Gael senator Fergal Browne. "It's crazy that you have two different rules for two different jurisdictions and the reality of the current law is a complete ass. Every sky in the country is being lit up by firecrackers from early September to November. Legalising it will have some problems, but if you had a system where it was legalised at least you could control the quantity and quality of fireworks being sold and hopefully reduce the types of serious injuries. I think it's daft that it's illegal in the Republic but you can go across the Border and buy them."

The law is about to change, but will only become more hardline. The Minister for Justice, Michael McDowell's proposed amendments to the Criminal Justice Bill include making it illegal to import fireworks with intent to supply, as well as to light fireworks in a public place and to attack property or people with them.

On a broader scale, the ongoing Operation Tombolo has seen the Garda make several high-profile seizures. Last month alone, nearly 1.5 tonnes of illegally imported fireworks were seized during the National Ploughing Championships, while 1.6 tonnes were found in a truck heading down the M1.

Meanwhile, McDowell this year initiated a consultation process with a view to amending the 130-year-old Explosives Act governing fireworks, which the department admits contains penalties that are "essentially meaningless". In fact, the Act doesn't specifically ban the importation or even manufacture of fireworks, but allows the Government to severely restrict them.

In the North, fireworks were legalised in 1996, but 2002 saw a tightening of restrictions in response to security fears with the £30 (€44) licence introduced. That decision severely affected the North's legitimate industry, according to Paul Kelly, managing director of Galaxy Fireworks in Portadown and chairman of the Northern Ireland Fireworks Association. Yet, he says, it's obvious that people haven't stopped buying fireworks, and that the decision has only benefited the black market.

He used to supply shops such as Mace and SuperValu, but these have stopped stocking fireworks since the changes in the law and Kelly feels that the decline in legitimate traders only leads to the rise in illegitimate ones. "They'll have to change it. Anyone can see it's not working. Prohibition is good only for illegal business. If properly licensed, safe, reliable fireworks can be sold to over-18s in good, reputable shops, it's the only way to squeeze out the black market."

The 2002 changes brought Northern Ireland out of line with the rest of the UK, where recent amendments to the law were drawn up in conjunction with the fireworks industry. Across the water, fireworks are only on general sale at certain times of the year and there is a curfew imposed on the lighting of fireworks with exceptions for "permitted firework nights" such as Bonfire Night, New Year's Eve and Chinese New Year. Fireworks are limited to 120 decibels and police can impose £80 (€117) on-the-spot fines.

Last year, the first in which the new law was in place, brought a reminder that the black market is still strong. In Sunderland, an elderly man died after a rocket bought illegally was pushed through the cat flap of his door.

With separate sets of laws on the same island (North and South), Kelly gets annual reminders of just how busy the Irish black market is. "Every year I'll get calls from people in the South asking to buy 50 or 100 or 500 boxes of fireworks," he says. They'll go through the list of sellers in the hope of finding someone willing to do business, and when they bring the fireworks south will double or treble the price. "It's rip-off illegal Ireland," as Kelly puts it. "There's a lot of talk about fireworks going from North to South, but that only deflects the fact that there's a massive internal problem, with fireworks being brought into Ireland from China, through Rotterdam and England."

If the new British laws are successful in reducing the black market in England, Scotland and Wales, Kelly believes the criminals will focus more on Ireland. The answer, he believes, is for Britain, Northern Ireland and the Republic to harmonise their laws. He has contacted both the Department of Justice and the Garda Síochána, but has had only cursory replies.

Ultimately, the EU could force a change. A draft directive has been circulated proposing that fireworks reach regulated standards before being available. Ireland, however, insisted that a provision be included that will allow it to restrict certain categories of firework on public safety and security grounds.

While a Department of Justice policy review consultation document says that the option of legalisation should be examined, the Government seems determined to keep a lid on things. The department can point to a recent survey that indicates that Ireland and Greece, which is similarly prohibitive, have among the lowest recorded rate of fireworks-related accidents in the EU.

Despite the changes in the law in the UK, firework injuries there rose in 2004. Last year, the number of people injured by fireworks in Northern Ireland over Halloween rose by almost 25 per cent on the previous year, although there is no distinction between those handling legal and illegal fireworks. In Britain children were last year more likely to be injured in back-garden fireworks displays than out in the street.

British statistics show that firework injuries are most likely to be caused to the hand, followed by the eye and head. While there are no definitive statistics here, anecdotal evidence suggests that most injuries are caused to the hand - usually because children hold lit bangers for too long.

There may be no great public outcry or political will for legalisation. While there is a general recognition that the current situation is absurd, any moves toward liberalisation would most likely become a noisy political issue for the Government. Meanwhile, Halloween will continue to go with a bang in the firework-free Republic.

Fireworks: a legal minefield

The law on fireworks is a little confusing because fireworks are covered in the Republic under a 130-year old Act that treats them as general explosives.

Like all explosives, their importation, sale, manufacture and transport are regulated. However, their actual use is not specifically regulated. Throwing a firework at a person or property, for instance, is not a specific offence.

The Government uses its licensing powers to stipulate that the only fireworks imported and "legally held" in the State are those for use in public displays. This means that the sale of fireworks in shops or markets is illegal.

Some fines only reach £5 (€6.35), so even the Government admits that in the context of enforcing the law the penalties are "essentially meaningless". Proposed Criminal Justice Bill amendments will change this by specifically addressing the issue of fireworks and their misuse, as well as increasing penalties.