Government determined to curb fireworks abuse

The amendments to the Explosives Ordinance which the House of Representatives started debating in second reading yesterday are sending a clear message that the government will not tolerate the illegal manufacture, storage or transportation of fireworks.

Introducing the Bill, Home Affairs Minister Carm Mifsud Bonnici said the thrust of the actions was in four directions: increased penalties, the introduction of new crimes; powers to the Commissioner of Police to close down fireworks factories; and power to the courts to suspend licences indefinitely and order the forfeiture of property of guilty parties. The courts would also now have the right, in criminal cases, to order payment for civil damages.

The penalties were going to be heavier, and this was meant to send a message that manufacturing fireworks in unlicensed places - whether habitable or not - was not on.

The Bill was being introduced as a result of a number of events, the most recent of which was the Naxxar tragedy on March 12 in which two people died in a fireworks explosion.

Dr Mifsud Bonnici said it was not the intention to close the doors of the pyrotechnic industry but to curb abuses. The government, which would not close its eyes to abuse, wanted to make it clear that the law must be scrupulously followed. The Bill was not only intended at the manufacture of fireworks but also at its storage.

Throughout the years, a number of amendments had been made to the Explosives Ordinance, which was introduced in 1937. But a reform to address the reality of the problem had long been felt.

Dr Mifsud Bonnici said former Home Affairs Minister Tonio Borg had appointed a committee to examine the system in detail. The committee had presented its report last December with a number of recommendations for the tighter regulation of the sector.

Among others, the committee had recommended a thorough revision of the Explosives Ordinance because they did not reflect reality and were not a deterrent to abusers. Dr Borg had asked the Attorney General to draft the Bill even before the Naxxar incident.

During the last 16 years 31 people had died in fireworks-related incidents. Except for the last two, all others had died in fireworks factories explosions. This alone merited that action be taken to control the problem Dr Mifsud Bonnici said a number of the committee's recommendations had already been implemented.

A Fireworks Inspectorate had been formed to visit fireworks factories and see that the ordinance was being respected.

As of September 1 the use of potassium chlorate would be reduced by 50 per cent and potassium perchlorate would be eliminated next year.

The government had to see to the structure of the fireworks factories and whether modern technology could provide better means so that the structure itself would not be the main culprit causing death and damage through flying debris.

The report also recommended that the Commissioner of Police would not issue licences for the letting off of fireworks without a confirmation from the Department of Civil Protection that precautionary steps could be taken to eliminate risks. This had already been implemented.

Dr Mifsud Bonnici said the Bill itself was not the only step being taken. The government was now also looking at the Legal Notices issued with regard to the Ordinance. It was also looking at the contents of the course which those who wanted to work in fireworks must follow to be given a licence.

In certain cases, those found guilty of illegalities would be liable to imprisonment for a term of between two and five years, or to a fine of not less than €5,000 and not more than €25,000. In other cases the prison term and fine could be increased to two years and €50,000.

When a fireworks explosion caused the death of a person, the persons responsible could be sent to prison for four years. Where a person was injured, those responsible could be punished with a term of imprisonment not exceeding two years to a fine of not less than €8,000 but not exceeding €80,000, or with both fine and imprisonment.

If the police were unable to prove negligence, those responsible for the death or injury would suffer the same penalties provided in the Criminal Code. If negligence was proven, the same penalties would increase by two or three grades.

Dr Mifsud Bonnici said that the Bill also provided for the unauthorised transport of fireworks. The government was following developing EU rules and regulations providing that the transport of fireworks would be done in appropriate vehicles certified as safe to decrease risk of an explosion. There would be an increase in fines and prison terms. In the meantime, during this year the government would be issuing new regulations in respect of fireworks transportation so that those in the business would regulate themselves and prepare to acquire these vehicles.

Under a new clause, the courts would be able to suspend, and ultimately withdraw, licences of factories, shops or vehicles. The courts could also order the offender to pay damages.

The provisions of probation would not apply.

The Bill would be introducing two other dispositions: If an offender relapsed, the gravity of the case would be increased by two grades; if the offender was found guilty three times there would be a three-grade increase. Those cooperating with the police would have their penalty decreased by a grade or two and a fine decreased by a third or by half.

In addition to the punishment the Bill also empowered the courts to order the forfeiture of the offender's property. If the offender did not have a real title the court would order him to pay a fine of not less than €10,000 but not exceeding €60,000. The same provision would be applied in respect of any vessel or vehicle used for the keeping, storing or transportation of the explosives.

Dr Mifsud Bonnici said that the government wanted Malta and Gozo to continue to have fireworks, but not to the detriment of the people. The amendments being proposed would curb the temptation of those who treated the manufacture of fireworks as if it were just a hobby, when in fact this was one of the most dangerous activities. Nobody would be tolerated to endanger lives or the art of fireworks manufacturing.

Further amendments would be introduced to decrease, control and as much as possible reduce the risks inherent in fireworks. The government would aim at introducing a system under which licence-holders would have to undergo refresher courses.

The minister said that little progress had been registered to date with regard to the introduction of a special insurance.

Concluding, Dr Mifsud Bonnici said that, in consultation with the association of fireworks manufacturers, the government aimed at providing a good, just, direct and reasonable system leading to a balance that would keep tradition alive but would not permit abuse.