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Fireworks

Tougher penalties proposed

A Bill proposing tougher penalties for the illegal manufacture and storage of fireworks will be moved in Parliament early next week.

The penalty for unlicensed manufacture of fireworks, for instance, will go up from a petty fine of between €76 and €465 and a maximum of six months' imprisonment to a fine of between €2,500 and €25,000 and imprisonment ranging from two to five years.

The proposals seek to amend the archaic 1937 Explosives Ordinance, which has seen little change since being enacted despite the fact that the industry and fireworks manufacturing techniques have evolved beyond comparison.

Besides raising the stakes for rogue enthusiasts, the Bill will also introduce provisions such as allowing the courts to confiscate or suspend the licence attached to a property used for the illegal manufacture of fireworks.

The change will come in tandem with the setting up of an inspection unit which - for the first time - will carry out random checks on fireworks factories across the island. The unit should be up and running within a couple of weeks, in time for the festa season, when factories usually go into overdrive to meet the deadlines.

The changes come as part of a reform promised by the new Home Affairs Minister Carmelo Mifsud Bonnici - who is responsible for the industry - after the latest tragedy in Naxxar, where illegally-stored fireworks exploded in the middle of a residential area killing two people and destroying three homes.

Under the new legislation, anyone caught storing or making fireworks in an unlicensed place will face fines of between €15,000 and €50,000 and imprisonment of six months to two years. The current fine is between €46 and €465.

More significantly, storing or producing fireworks in an unlicensed place will become an aggravating factor in a case of manslaughter or homicide that is the result of an explosion in an illegal factory.

Other significant changes include the barring of probation in cases involving fireworks offences and the court will be empowered to order people found guilty of fireworks offences to pay compensation to potential victims even while criminal proceedings are under way.

The Bill does not deal with the building specifications of fireworks factories or their distance from inhabited area, which is regulated by the 1937 law. However, a commission is soon to be set up, a ministry spokesman told The Sunday Times last week, precisely to make recommendations on these issues.

The law at present lays down minimum distances between factory rooms where explosives are stored, for instance, or between factories and inhabited areas. Such distances were calculated on the amount of explosives held in firework factories in the late 1930s. Since then that amount has grown exponentially, without the factories' structures adapting accordingly.

The Bill should be given a first reading either on Monday or Tuesday.

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Comments

Anne Marie Kissaun (on 1/6/08)
I wish to point out to Mr. Micallef, that I am very much of a traditionalist. I did not say that Fireworks should be completely confiscated, but only Petards which come out in just a BIG bang giving the public in general, it being the elderly, babies, etc. no pleasure but sometimes could even prove detrimental to the elderly. One has to remember the size of Malta, that some towns and villages could have 3 to 4 festas within a month each starting off mid-week, so by the end of the summer we would have had enough of BANGS. Please give us colourful designs and shapes, decent timing, i.e end by 11 p.m. and I am sure that there will be less complaints from the public. I hope that this clarifies the misunderstanding.
Jeffrey Galea (on 23/5/08)
From what Mr. Joseph Briffa has replied I would say that there replies are very emotional indeed. However an analytical analysis would be more appropriate.

As the current laws concerning fireworks stand, in general every feast is allowed a maximum of 13 hours throughout the whole festive period, during which aerial fireworks can be let off. Now, since certain villages celebrate two feasts, every village does not get more than 26 hours during which fireworks can be let off per year.

I am no expert in psychology, however I find it hard to believe that 26 hours worth of fireworks per year, make a person 'short tempered', 'pungatious' and 'agressive'. And please do not bring forward the argument that these displays go on for four months. Realistically the high level of decibels reached by certain petards only affect each person for brief moments during one or two feasts at most throughout the whole four months period.

My final appeal goes to fireworks enthusiasts: manufacture petards only with the allowed chemicals and to the size which is established by law! It makes no sense to manufacture more powerful petards since these may prove harmful to others, and to us as well.
Joseph E Briffa (on 22/5/08)
I would suggest to Jeffrey Galea to ask the people on these islands whether they are in favour or against the loud bangs which are let off on their own or which accompany the murtali tal-kulur. I am sure he will be suprised to find that are others besides me who hate these bangs ; let him ask babies' mothers, the sick in hospitals or at home, the people who do night shifts and try to get some rest during the day. Has JG never read any complaints in the papers about this uncivilised practice? Has he never heard about noise pollution and the harm it does to people and animals? No wonder most people in Malta are short tempered and become pugnacious and aggressive as soon as someone passes a remark which they don't like. They are like a coiled spring. Psychologists will tell you that noise pollution has this effect on people.
renzo grima (on 21/5/08)
I don't know what is happening to this island, everything that is traditional, they want to stop it. Is there anything more cruel than killing a bull slowly with a pointed knive on his back infront of crowds of people. they claim that it is their tradition... how we cannot continue with our traditions. Maltese unique Fireworks is our tradition, inherited from Italy long time ago but we continued to make it more sophisticated that no other country in the world can do what we do in fireworks. If Mr mizzi is saying that fireworks make a lot of damage to the ears because of its noise... how about the thunder storms in winter. i think they are of the same loudness.
On every book i have on fireworks written by professional pyrothecnicians, they include Malta as unique in the world and, who has fireworks as his passion, it is a must for him to go to malta at least once in his life.
Chris Vidal (on 21/5/08)
The government is not imposing any EU law over here. All the gov is doing is that it of safeguarding other people's lives by introducing tougher penalties for those that abuse and work illegally. is there something wrong about this? or we still want to live in the jungle, where innocent people suffer the consequences of the irresponsible actions of others for the sake of their hobbies? after all the gov is not going to prohibit fireworks.
the importation of such dangerous chemicals is supposed to be regulated and even professional people that know with what they are dealing in fully licensed laboratories have to obtain permits for importation of chemicals. so the same must apply for these people that most of them does not know exactly with what they are dealing. I would like to ask anyone over here how he or she will feel if someone from his family dies because of some irresponsible person that stores or does fireworks next to his house? will anyone say that it does not matter for the sake of someone's hobby or tradition?
John Mizzi (on 21/5/08)
John Williams raised very good questions and points. I think he should ask these questions to the police maybe they will listen to him. When he is in Gozo he should contact me so I will show him from where the Gozitan church festa fireworks are discharged . Then he can question the church and the police again with any further questions that will come to his mind.
Raymond Bajada (on 21/5/08)
Looks much like the Fireworks issue shall run the same route as the hunting issue. We only need to be objective and tollerant especially because we live on tiny Malta where evereyone's action effects the other. I'm not a fireworks fanatic, and at times they disturb me but on the other hand, the colourful displays are fantastic.
We shall have a competent authority that works closely with the manufacturers to assess and adapt the best way fireworks are manufactured and let off.
Illegal manufacturing and storage of fireworks has got nothing to do with the issue, that has to be simply curbed out by enforcement. With respect to EU law, let's just be practical; Malta can never follow and enforce EU law to the letter in all issues. Should this be done; then Malta will not remain a place to live in........after all no other EU member state does it.
Jeffrey Galea (on 21/5/08)
I am marvelled at people who like Joseph Briffa call for an outright ban on fireworks or part of them like the petards (tal-bomba u murtaletti). Does Mr. Briffa know that Maltese firworks are unique in the world for the techniqie used and the effects produced? A quick search on any search engine for 'Maltese Fireworks' would bring up a host of internet sites which praise the uniqueness of our work.
Many sites also encourage fireworks lovers to come over and visit Malta in Summer and enjoy at least one of the pyrotechnic shows which are set up as part of our village feasts. So are we to ban part of our heritage, which Maltese pyrotachnicians have developed over the years, as Mr. Briffa is suggesting? I hope not.
Instead I suggest to Mr. Briffa to change his mentality, and try to accept other people's interests, and not try to ban those things which annoy him. The way forward does not lie in banning these types of fireworks but in implementing better regulations which promote a safer pyrothecnic industry for all. It is only through constructive dialogue which such aims can be achieved.
Joseph E Briffa (on 21/5/08)
Marvin...I didn't have in mind the ground display..the irdieden. I have nothing against this display. I wrote about the loud bangs of the petards - tal- bomba tal-gelatina and about the mortaletti, both of which make an ear-piercing din which shatters everybody's nerves particularly the sick, the aged, babies and our pets which simply go berserk.
Is it fair that we have to put up with these bangs from May to September every weekend if not practically everyday at 8am ,noon and late at night.? On feast days and on the eve and, sometimes, even on the eve of the eve, one can't even watch TV in peace or even make conversation at home; the bangs simply overpower the TV sound and drown people's voices. So is this fair? Doesn't the common good dictate the banning of petards?
E. Azzopardi (on 21/5/08)
What were all our governments doing since 1937? Aren''t they ashamed that all these lives were lost before waking up? Probably they were all very busy throwing mud at each other!!!
A. Zahra (on 21/5/08)
What about aid to the Fireworks factories, to help in modernisation and the adoption of safer techniques and materials ??? . What about specialised re-training. ???
But ye I forgot in this country adopting proactive approaches is not allowed, instead we just focus on penalties fines and changing the laws, exactly what you expect from the bunch of lawyers we have in parliament.
A cheap solution , which I must regret will yield only to a cheap result ..
And Mr Briffa please re think your multi millioin story and thousands of earnings by some dilettante ?? There is the odd one who does it for business but the vast majority is forking out hard earned cash to make up for the sky rocketing prices of chemicals used in the manufacture of coloured shells which everyone seems to enjoy.
Marvin Briffa (on 21/5/08)
Please do not continue to show you arrogance towards these "delettanti tan-nar". Joseph Briffa stated that these "delettanti" make lot of money,,, for your own information the great majority of fireworks workers do these dangerous work absolutely free of charge, not to mention when in some cases the volunteer worker pays part of the material used!!

So Please show some respect for all those who work legally in the appropriate places, For those who put them selfs in danger, make many personal sacrifices, spend their free time, take vacation leave from work to go doing fireworks,,, FREE OF CHARGE... WITHOUT ANY PERSONAL INTEREST!!

Then when the feast arrives nobody says nothing!! Every Body goes to see and have fun watching the pyrotechnic shows held in every feast!!

To conclude, please learn to know what respect is!!

I would like to wish all the best result for this year to all fireworks enthusiasts, and fingered cross that every little sacrifice that they did during the year gives them satisfaction during those 7 seconds that the shell is being fired!!

Well done Guys!!
John Williams (on 21/5/08)
Councillor Mizzi, I agree 100% with what you wrote, but can you tell me, why in previous write ups you seem to keep blaming the church for the fire works? Was the fire works display on 8th. March at your village the works of the church? What kind of licence was needed for that display? where was it stored? and was it fired by competent persons? And what was it for? Like I said I could not care less if they stop fireworks display altogether, but according to your previous write ups you seem to blame the church for every little thing that happens. By the way do you know anybody on Gozo that stores fireworks at home? We should expose them Councillor, Or is Gozo very clean about this subject?
Joseph E Briffa (on 21/5/08)
Let's not hide behind 'tradition'. Up to some decades ago, aerial displays with very loud bangs were only held in Mqabba, Qrendi, Zebbug, Qormi, Lija, B'Kara, Gharghur; there were no loud bangs in Attard or Balzan or Sliema or St Julians or San Gwann. . But fireworks have now been turned into a multi-million euro industry, and millions worth of chemicals are imported every year. A few scores of so-called 'delettanti tan-nar' are making thousands every year; some delettanti! And the public at large are the victims.
Joseph E Briffa (on 21/5/08)
One can't compare our tiny island with Spain or Sicily. The sites where the fireworks are let off there are several kms away from inhabited areas. In Malta they are hardly 1/2 km away; in a lot of places even less with the result that the bangs are nerve-racking and our roofs and gardens are littered with pieces of smouldering newspapers . I know it's impossible to adopt the same distance criteria for Malta; this is therefore an added reason for the outright ban on petards (tal-bomba and murtaletti) which have a very high decibel level particularly so when they are let off at all hours of the day and night. ( at 8 am., noon and after 11 p.m) Where is the respect for the sick, the aged, babies and pets? This is an uncivilised practice and should stop once and for all: what's so entertaining about them, after all? The size of the island and civilised behaviour dictate that colour displays are NOT accompanied by these bangs i.e. no bomba ; that murtaletti and tal-bombi on their own are banned outright.
John Mizzi (on 21/5/08)
The way Mr Micallef is talking shows that his ears are most probably already damaged by the 130+ decibals petard bangs. He should check the EU laws about Sound Levels Safety at work, home and other general environments. Residents can already take legal action against Unsafe Sound Levels using EU law. You can buy a simple decibel meter from the internet to check how unsafe the fireworks bangs are.
Mario Micallef (on 21/5/08)
may i reply to John Mizzi down here...get a plane and go to Valencia and see from where fireworks are let off there or else in Sicily...why do we keep demonising our fireworks...does it shame the Maltese as an entire nation? I dont think so...many times i have said it...its the only thing that makes us World's No.1 for it...i dont agree nor with Ms Kissuan...the bangs and petards she says are a waste of money have a significance as well...these were developed by Maltese as well...it is a tradition...to play with sounds...nobody does it better than Malta..stop insulting our traditions...I am totally against illegal manufacture and storage but to use these as a good excuse for your reasons is totally enough!! i just wonder what Malta would be without fireworks...Mr mizzi's argument that fireworks are breaching EU regulations is total nonesense.
Anne Marie Kissaun (on 21/5/08)
I am very pleased to read about the amendments to the storage of fireworks and I also hope that these places will be quite a distance away from public residences, a lesson should be learnt from the terrible accident of some months ago and others. However, may I also add that petards should be confiscated all it is a bang in the air no colour but waste of money. Also, a stipulated time limit should be set to the start and finish of fireworks display at night. We can not carry on with displays that go on till very late at night many a time till about 1 a.m. I think that 11 p.m. is late enough. Thank you.
John Mizzi (on 21/5/08)
I honestly hope that in the amended fireworks bill the bang from the fireworks should not reach more than 90db (Decibels) at a distance of 200m. Regular sustained exposure above 90 decibels may cause permanent damage especially for young children. No Cancerous (Carcinogenic) chemicals should be allowed in fireworks.

Maybe the Malta Standards Authority should start taking these fireworks issues seriously. We need a serious Authority independent from the government and police that issues Fireworks Discharge Licensing and that monitors the sound and air quality during the discharge of fireworks. We have enough kids with asthma and do not need to expose kids to more dangerous chemicals in the air and poison their lungs while a few fireworks die hards damage their ears and lungs.

If the fireworks enthusiasts do not show respect to the Maltese and Gozitan communities within a few years, fireworks will be a thing of the past when they realize all the EU regulations they are breaking. It is in their best interest to make sure that fireworks manufacture and discharging is within the law and make sure that it is enjoyable and safe to all.

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