Police promise stronger measures

SENIOR police officials have promised to sustain a high level of surveillance and relevant charges against delinquent fireworks sales persons.

The exercise, which began just before the Christmas season, will continue into the new year and straight through until Carnival, one senior officer said. A police official disclosed that there were a number of sales persons selling fireworks illegally. Much of the fireworks was imported illegally as well. “As a result, we will make sure that the guilty ones are prosecuted according to the law,” he said. It was only in recent years that authorities have been taking a more serious approach to fireworks, but still not enough said some organisations. Most of those interviewed by Sunday Newsday, said nothing was wrong with fireworks for celebrations, but they are concerned about its abuse by individual users, its effects on one’s health and its negative impact on animals.

A source at the Port-of-Spain Port, disagreed, saying that many of the fireworks are imported legally. What happens when they reach the stores, is the question which authorities should try to deal with he said. “To sell their fireworks, they would have to sell them to a small retailer, who may not be a bonafide businessman. So, sometimes, people who buy it on the side of the streets are buying illegal fireworks,” a top security official said. The TT Society for the Prevention of Cruelty to Animals argues that fireworks can be dangerous for the elderly and pets.

Chairman of  TTSPCA, Sakal Seemungal, has described fireworks and scratch bombs as cruelty to animals and has pleaded with relevant authorities to have them banned. Seemungal lamented that despite the pleas over the years, fireworks have been ignored by law enforcement agencies and are being sold openly without fear of prosecution. He said the illegal use of fireworks, scratch bombs, firecrackers and similar “noise making instruments,” has been increasing over the years, much to the annoyance and discomfort of law-abiding citizens. “These noises have now reached intolerable proportion in their effect on domestic pets and elderly citizens,” he said. Seemungal said this was responsibe for the many stray dogs on the roads, which ran away from the loud noises of explosives.

Attorney-at-law, Nalini Lalla, in her contribution to the TTSPCA’s newsletter entitled “The Danger of Fireworks,” described the proliferation of the sale and use of fireworks in TT as incredible. She lamented its abuse, noting that today it is being used for every celebration, birthday, anniversary, religious occasion and opening event. She said there was no dispute that fireworks are beautiful to look at and create an atmosphere of excitement. “However, fireworks are also very harmful, not only to the health of many people but to animals,” she said.

Lalla stressed that the noise which emanates from the explosions of fireworks is dangerous to the hearing of people and animals, and the shock and fear the noise creates can damage and possibly endanger the health and lives of both the elderly and pets. Lalla stated in her report that children enjoy fireworks but parents should remember that the grandparent inside the house may suffer severe anxiety attacks as a result. Lalla also lamented that parents don’t seem to understand the potential danger to children, who see fireworks as mere toys when in fact they are really playing with explosives which can cause severe injury or death if misused.

Explosives and fireworks can cause deafness

Director of (Diagnostic Research Educational Therapeutic Centre for the Hearing Impaired) DRECHI, Cathryn Donaldson-Baptiste, said explosives such as scratchbombs and fireworks are harmful to people’s hearing and should not be tolerated. She said people who use them for a good laugh or for fun, will not feel the effects of fireworks now, but later on as they get older. Continued unprotected exposure to noises louder than 85 decibles can be dangerous and may eventually result in hearing loss, she said. Donaldson-Baptiste said many everyday sounds like those created by a passing truck, a screaming child, a motorcycle, a car horn or a steelband, including fireworks and explosives and loud music, can be 100 decibles or more and can cause permanent damage in only a couple of hours.

She felt government needed to be a lot more educated about the dangers of such noises, since they themselves don’t seem to understand the danger of noise pollution. Donaldson-Baptiste appealed to the national community to avoid using them as a source of enjoyment. “You can enjoy yourselves without using fireworks and firecrackers. I think it is unnecessary,” she said. The DRECHI director, who is also a senior citizen, urged parents to monitor their children and the use of firecrackers. “If people say they love their pets, why do they put them through that suffering?” she asked. She said while she understands the need to make a living, she does not support people who sell such products, and is calling on the relevant authorities to ensure that people’s health is not at risk. “I don’t think they understand the importance of hearing. Without hearing, communication is nil.” she said.

Fireworks Importer — Please be considerate

Andre Abraham, one of the directors of fireworks importer, FireOne which was involved in the fireworks fiasco at the launch of Machel Montano’s Alternative Concept concert in February has called on users of fireworks products to be considerate to the people around them in the coming weeks. Although an importer of fireworks, Abraham said he understands the dangers of the product to human beings and animals. He is calling on government to work together with the importers to help regulate the industry so that everyone benefits. After several patrons of the Montano concert were injured following an explosion of pyrotechnic displays (fireworks), authorities had called for a ban of the use of fireworks at concerts. Abraham noted the recent surveillance on the sale of fireworks, saying that people seem to have a misconception of fireworks. He said the illegal ones such as scratchbombs are those the police should be monitoring.

He disclosed that products such as these were coming in through the “backdoor,” vessels which come to TT without going through customs. “Most of the business people who purchase fireworks from us are licensed to do so. They should be going after the illegal sources,” he said. Abraham said because of the manner in which the police have reacted to fireworks, they are now concerned about purchasing the products because they do not want to run into trouble with the law. “This will affect business for the importers, who bring in the fireworks legally. That is why I feel that government needs to regulate the industry and put guidelines in place, so we can have a more controlled environment in which everyone can benefit,” he said. As for Christmas buyers, Abraham has given his advice. He said people should first make sure that the seller is an authorised licensed retailer and secondly, try to use the products as carefully as possible.

Flashback 2002 – TT Chamber attacks use of fireworks

In a website newsletter produced in 2002, the TT Chamber of Industry and Commerce described the use of fireworks as “total madness,” “with total disregard for people’s peace of mind.” The document said these loud noises disturb the majority of law-abiding citizens, causing sleepless nights for many and inflicting stress on a large number of senior citizens. “The trauma caused to all animals and dogs, in particular, is also well-known, as they are especially frightened by loud noises, sometimes resulting in grave injury or death as they run to and fro,” the Chamber said. The business organisation asked, “Why should we have to wait for something to happen, before government puts corrective meaures in place?” “Because of the easy access and availability of fireworks, they can be purchased at any one of our malls, supermarkets and toyshops.”

The Chamber made an appeal to the Fire Services to embark on an education drive, beginning with schools, to impart to children the extreme dangers to life and limb caused by amateur fireworks displays. They also called on the Ministry of National Security to address the problem of the shortage of police resources and develop a policy for implementation by the Police Commissioner, who can enforce the law regarding fireworks.

Laws regarding fireworks — It is illegal to set off fireworks

Section 99(1) and (2) of the Summary Offences Act Chapter 11:02 of the laws of TT, clearly states that any person who throws, sets fire to or lets off any fireworks within or outside of any town, is liable to a fine of $1,000 or $400 respectively. Attorney-at-law, Nalini Lalla said: “While this may seem to be a toothless penalty, it is nevertheless an offence.” She said persistence on the part of the Commissioner of Police by enforcing this law, would not only make a statement to the public that this is an unlawful activity that would not be tolerated. She felt that the government can assist against illegal fireworks, by at least controlling its use, since the Minister of National Security has the power to make regulations prescribing the times, places and conditions on and at which fireworks may be let off or set fire to, under Section 101 of the Summary Offences Act.

The subject of fireworks, and the safety of people, can be found under the Explosives Act, chapter 16:02, alongside gunpowder, dynamite, blasting powders and ammunition of all descriptions, and under the Summary Offences Act, chapter 11:02, alongside firearms. In so doing, Parliament has recognised the nature of fireworks as a potentially dangerous type of explosive which required control and supervision by the State.
Summary Offences Act, chapter 11:02 states-
(a)Except as prescribed by regulations under the Act, a person who throws, casts, sets fire to, or sets off any fireworks in any town, is liable to a fine of $1,000 by section 99(1).
(b)Any person who throws, casts, sets fire to, or lets off any fireworks into, or upon any streets, not being in any town or into, in, or upon any place, being within 60 feet of the centre of any such street, is liable to a fine of $400, by Section 100.

Importation — It is illegal to import and sell fireworks without a licence.

According to Lalla, the importation of fireworks is prohibited, unless a licensed wholesale dealer first obtains a licence from the Minister of National Security, who has the discretion to grant or refuse the licence (Section 35 of the Explosives Act). She pointed out that it was the Comptroller of Customs and Excise, who has the power to inspect and examine at any time, any wharf, vehicle or vessel of the importer of explosives and remove and detain it (Section 43 of the Act) and if the importer of the fireworks cannot produce a licence to import them, the Customs officer can refer the importer to the Court. Customs and Excise officers can therefore, assist, to a large extent in preventing fireworks from entering TT in the first place. A Customs official referred Sunday Newsday to the Commissioner of Police on this matter. However, he could not be reached for comment.