Editorial

The derisory fines imposed on two men arraigned before two different magistrates on charges of being in possession of explosive material without authorisation and the illegal manufacture of fireworks are inexplicable. The decision to treat such foolhardy actions with what would appear to many as leniency will take some explaining - a case of not dealing with the culprits with a bang by throwing the book at them but with a whimper.

Under the Explosives Ordinance anyone found guilty of such offences is liable to imprisonment for a term not exceeding six months, or to a fine of between €46.59 (Lm20) and €465.9 (Lm200). It would, therefore, take some explaining why, given the public shock and horror at the Naxxar tragedy and the seriousness with which such a crime should be viewed, a salutary custodial sentence was not deemed appropriate in these cases. While the maximum fine allowed was awarded in one case, this only serves to underline the inadequacy of the present law that is clearly in need of amendment.

In the circumstances, the courts' decisions are likely to be looked upon as an affront to public opinion and a slap in the face to those innocent individuals who have lost their family, their houses and possessions. Perhaps, also a betrayal of the legitimate public concern that has been expressed about the presence of reckless cowboys in our midst.

There may be a good reason for the courts' leniency. But given the seriousness of the offences - no less than the potential manslaughter of innocent people inadvertently caught in the vicinity of these illegal fireworks manufacturers - fines of less than €698.8 (Lm300) for the two crimes must raise questions about the manner in which the courts approach sentencing.

The Attorney General is working - belatedly perhaps but better late than never - on amendments to the legislation that will ensure harsher punishments. The sooner the legislators in Parliament and the judicial bodies responsible for administering the law act to drive home the message that illegal fireworks manufacture is utterly unacceptable and that legal pyrotechnics factories have to be subject to the most stringent controls the better.

The secretary of the Malta Pyrotechnics Association, Joe Theuma, was right to call for harsher penalties to be handed down to people caught manufacturing fireworks illegally in order to ensure, as he put it, "that they think twice before embarking on this potentially lethal pastime".

Explosives expert Colonel Albert Camilleri also highlighted the inherent danger associated with fireworks manufacture "because the material is very sensitive and is produced by amateurs" - a fatal combination.

It is over a fortnight since the tragedy in Naxxar. The newly-appointed Minister for Justice and Home Affairs, Carmelo Mifsud Bonnici - the ministry has had the report of the Pyrotechnics Commission in its in-tray for several months - has declared that he intended taking a thorough look at the fireworks industry and to introduce significant changes. As six illegal fireworks manufacturers have already been reported to the police by a concerned public - four more men are due to appear in court shortly - one must ask what are the authorities waiting for to act? Is the commission's report of 2007 simply to be selectively implemented or will the new minister finally grasp the nettle and introduce the comprehensive changes needed? Anything less and he runs the risk of being accused of playing Russian roulette with public safety.

The commission's report was eminently sensible. Its recommendations were sheer common sense and the overdue introduction of good work practices. This was exemplified best by the recommendation that those factories operating in breach of the safety buffer distance of 183 metres prescribed by law should be closed down - a patently doable and reasonable recommendation which remains in abeyance to this day.

The political will must be exercised to introduce tougher sanctions against those who are caught manufacturing fireworks illegally if public confidence in the new Administration's willingness to tackle difficult challenges is to be won over.