Wednesday, 26th March 2008
Fireworks manufacture
Harsher penalties in the pipeline
The Attorney General is working on amendments to legislation that will ensure harsher punishments will be handed down to those convicted of manufacturing fireworks illegally, Justice Minister Carmelo Mifsud Bonnici said yesterday.
When contacted by The Times, the newly-appointed minister said the two judgements handed down by the courts on Monday - in which two men were fined €674 (Lm289.26) between them for illegally manufacturing fireworks and handling explosive material - highlighted the need for harsher punishments that would serve as a deterrent.
In fact, he said, the Attorney General was already working on amendments that would place greater responsibility on anyone who dared manufacture fireworks or handle explosives illegally.
Dr Mifsud Bonnici said the amended legislation would take into account the fact that in some cases, such as the recent March 12 Naxxar fatal explosion, such illegal activity would lead to a charge of involuntary homicide.
"The responsibility of those people who manufacture fireworks illegally or store explosives in unlicensed factories has to be increased," he insisted.
Since the Naxxar explosion - in a residential area, leaving two people dead and demolishing several houses - the police have been receiving various reports of illegal fireworks activity and six men have already been arraigned.
On Monday, Joseph Spiteri, 48, of Xagħra, was fined €209 (Lm89.69) after he admitted to manufacturing fireworks, possessing explosive material without a licence and permitting his truck to be used for the illegal manufacturing of fireworks. The vehicle was confiscated by the court.
In a separate case, 42-year-old Anthony Cassar of Mellieħa was fined €465 (Lm199.57) after he pleaded guilty to charges similar to those brought against Mr Spiteri as well as failing to obtain a licence to handle the explosives in the limits of Mellieħa.
Mr Cassar was given the maximum fine allowed by the law - which lays down that anyone found guilty of illegally manufacturing fireworks or handling explosives is liable to imprisonment for a term not exceeding six months or to a fine ranging between €46.59 (Lm20) and €465.87 (Lm200).
Dr Mifsud Bonnici said that, although he did not know the details of the two cases (decided on Monday) and the amount of explosives involved, the law was "definitely" too lenient.
This is to change as "in due course", he said, the amendments would be submitted for Parliament's approval.
The government also planned to implement recommendations made in the Pyrotechnics Commission's report on improvements to fireworks factory safety. This included the setting up of an inspectorate to carry out regular checks on factories.
Dr Mifsud Bonnici stressed on the importance of the public alerting the police of any illegal fireworks activity and said he hoped the public would not "cool off" as its role was vital.
Anyone who has information about illegal fireworks activity can call the police on telephone number 119.
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Comments
The current legislation is admittedly pathetic, but at least something is being done to change it.
The last report came out between Christmas and the New Year. It said that the sector remains “largely unmonitored” and confirmed the lackadaisical way the use and distribution of hazardous chemicals are dealt with and said this should be rectified. Then we had the Naxxar tragedy. When will the recommendations be implemented?
Have we got enough control in order to avoid this abuse? I don't think and it does not seem so. Is the material imported checked for it's quality? We had too much tragedies lately with the only common factor being the material. Is there going to be harsher penalties also to those who supply the material to unlicenced people or big quantities to licenced people that could then be passed on to unlicenced people? Had the source of supply to these unlicenced people been traced? or these just got fined and everything stopped there.
I do not wish to see some/more village festa enthusiasts that work voluntary especially in rural areas suffering harsher penalties while who is supplying the material at a profit, legal or not remain untouched.
From the other hand there is no excuse what so ever for those who manufacture or store material in residential areas, I beleive that these should be treated equivalent to drug dealers, ie with the confiscation of all there assets.