Activists: Ban fireworks like scrap iron exports

Stakeholders are calling on government to remove fireworks from the hands of the public and place them in the hands of licensed professionals who could provide entertainment on special occasions only in controlled environments.

These were the main recommendations at the third public consultation for the Summary Offences (Amendment) Bill 2022, aka The Fireworks Bill, on Thursday.

Minister in the Ministry of Legal Affairs Renuka Sagramsingh-Sooklal said the bill had been drawn from recommendations made during a 2017 Joint Select Committee and a 2020 position paper by the Environmental Management Authority. She was joined on a panel by three members of the Law Reform Commission (LRC) : Gerard Ramroop, Samraj Harripaul, SC, and Chantelle Latchmansingh.

The main legislative amendments in the draft bill are: regulating the use of fireworks through a permit system; making breaches of the law a ticketable offence via a fixed penalty system; general provisions for permits to be granted to use fireworks; requirements to notify certain entities about the intended use of fireworks; the use of fireworks on specified days such as New Year’s Eve without a permit; only people over the age of 18 being allowed to use fireworks; restrictions on the use of fireworks within half a mile of designated areas and for the relevant minister to make regulations.

Sagramsingh-Sooklal said the draft bill seeks to strike a balance between responsible use of fireworks and the peaceful enjoyment of property, public safety and the interests of the fireworks industry.

She said the purpose of the consultation was to gather the views of the public to the proposed legislation and incorporate them into the final draft legislation to be presented to Cabinet.

Fireworks Action Coalition representative Roger Marshall the proposed legislation contradicts previous recommendations.

“You are increasing the use of fireworks from what it is now. There is nothing in any previous recommendations that supports a free-for-all with fireworks. We recommend that fireworks should be taken out of the hands of the general public, since once you give them access, you can’t control or enforce them. There should be commercial service suppliers for fireworks, with shows on approved occasions like independence, so we’re not putting them out of business, they could be service providers for entertainment. People should be able to enjoy the beauty of the fireworks without the turmoil of the noise.”

He noted that noiseless fireworks were not strictly noiseless as they could produce sounds up to 70 decibels, so the noise levels would have to be regulated. He said fireworks shows should be held only at specific locations, preferably offshore, as anywhere there were fireworks, there would be death and harm. He invited members of the panel to accompany members of his organisation on their trips to collect carcasses of animals who would die after the fireworks which would take place for Independence celebrations.

Latchmansingh said the draft bill which had been presented was designed to make people aware of what was being proposed in order to obtain feedback, as well as addressing short-term solutions to the problem.

Harripaul said the LRC was collating all comments made during all of the public consultations and would use these to formulate the final amended bill. He said this was why no changes had been made to the draft bill since the first consultation in January.

Animal activist Danielle Francois asked what criteria would be used to determine what constituted a nuisance and how the ticketing system would work. Harripaul said a nuisance was defined under the Evidence Act. He said the fireworks bill sets a regulatory framework which allows officers to know when a ticket should be issued.

“A person is committing a breach of the law if they don’t have a permit for their fireworks, are under 18, and are setting off the fireworks outside of the specific times and places listed on their permit.”

TT Society for the Prevention of Cruelty of Animals chairman Sita Kuruvilla said the shelter is the only animal shelter in north Trinidad, and there are no government services to deal with stray and abandoned animals.

“We are suffering from overcrowding and a shortage of funds. The country doesn’t have the services to take up the fallout from fireworks, including the enforcement side of things. The Dog Control Act, the Animals (Diseases and Importation) Act, which has a welfare component, and we have these proposals under the Fireworks Bill, all of them depend on enforcement capability. The Dog Control Act was never enforced, we’re still working with the Animals Diseases and Importation Act, and there’s no implementation plan or capacity for implementation at this time. We think enforcement agencies are trying to deal with so many other priorities in the country now that this is not a top priority.”

She said in 2018 when then commissioner of police Gary Griffith appealed to people to abide by the existing law on fireworks, there was a massive free-for-all. She also advocated for fireworks to be removed from the hands of the public.

Kuruvilla asked what was the size of the fireworks industry and those who worked with it versus those who were being affected negatively.

Emperor Valley Zoo welfare officer Kimberley Howai said half a mile distance for fireworks was not far enough to use fireworks. She said dogs could hear fireworks from over a mile away, and the animals at the zoo were even more sensitive.

“A half mile from the zoo puts fireworks in the savannah, and the last time that happened in 2019, a kangaroo died, and all the animals were disturbed. There were also wild birds found dead in the area. Also, if we’re saying that fireworks are family entertainment, so is the zoo, and I don’t think one form should inconvenience the other.”

Ricardo Meade of the El Socorro Centre for Wildlife Conservation echoed the sentiment that fireworks should not be in the hands of ordinary citizens. He said police were already bogged down by crime and would not be able to enforce the fireworks bill.

“If people really need this form of entertainment, let it be less advanced types of fireworks, or in the hands of professionals. The AG recently suspended the sale of scrap iron at the stroke of a pen, where is the political will to ban fireworks?”

Animals Alive’s Kathyrn Cleghorn said her shelter takes care of 500 dogs, 75 cats, and two horses, and every year they are terrorised by fireworks and the bursting of bamboo. She invited the panel to spend a night at the shelter when fireworks are being set off to understand what it takes to protect the animals. She said government should make the best decisions for everyone, not just those who made a seasonal living from fireworks.

Former Chaguanas East MP Stephen Cadiz, who represented Fireworks Use Sufferers (FUS) said government should move immediately to control the useless noise generated by fireworks, as they had done with the scrap iron industry.

He said it was impractical to expect police to patrol retail sales of fireworks. He asked why noiseless fireworks were not part of the legislation.

Nalini Dial, also from FUS and Animals are Human Too, said it was obvious that governments did not care about animals. She said from her work as a pharmacist, she had seen patients come in with anxiety, insomnia, and high blood pressure from Divali onwards for the last 35 years. She said the police do not respond to complaints about fireworks.

She noted permits were already required to set off fireworks in cities and no-one adhered to this regulation.

Bijili Lalla secretary of the Law Association said the use of fireworks by individual citizens only began 15 years ago, and prior to that sparklers were the only types accessible.

“People say fireworks and noise are our culture but they only became so when people began importing fireworks for sale. Something needs to be done now to address this problem. Enforcement is critical. I live in an area where every home has someone between 70-90 years of age, and calling the police makes no difference.”

Sagramsingh-Sooklal said following the consultations, the LRC would work with the Criminal Justice Unit of the ministry to put all the concerns in the mix to tweak the proposed legislation.

Members of the public can send recommendations to communication@ag.gov.tt and events@ag.gov.tt, with the title The Fireworks Bill. The document can be viewed at https://agla.gov.tt/home/public-consultations/