Government to propose amendments to law on explosives after recent court judgment

Justice Minister Owen Bonnici yesterday announced that the government would be proposing amendments to the law on firework factories after a recent court judgment cast a dark shadow on the Maltese pyrotechnics tradition.

The court judgment revoking the permits of a firework factory in the limits of Mosta has rattled pyrotechnic enthusiasts and reignited a long standing debate on firework safety in Malta.

In a case going back 30 years, an appeals court upheld a judgment that had found that the Żebbiegħ firework complex, which manufactures fireworks for the Feast of St Mary in Mosta, lacked the required 183-metre buffer zone from the closest roads. The case had originally been filed by a number of farmers whose fields are in the vicinity of the factory.

While the plaintiffs argued that the road was not a busy one, the court found that the factory was still in breach of explosives laws.

Firework enthusiasts have now gone into panic mode because several other firework factories are close to roads that are used by farmers, and they fear that theirs could be closed down as well. If this were to happen, they say, one of the most popular Maltese traditions could die out.

Speaking at a press conference this afternoon, Minister Bonnici said amendments would be proposed in the coming days “to address the room for interpretation on the basis of which this court sentence was handed down.”

The minister said that while the government would always respect the court’s decision, the sentence handed down was “an issue of interpretation.”

“The court interpreted the meaning of a road one way, while there could be other interpretations,” he said. “We always respect court decisions, but in this case, I think there is room for legislative intervention to solve the issue.”

The minister denied that the amendments would be proposed as a result of pressure from the pyrotechnics lobby.

He said the amendments would make the definition of ‘road’ clearer, adding that all firework factory licences were issued following due process by the Planning Authority and the home affairs ministry, which is responsible for the sector.

His comments came at the end of a press conference in which he announced that a fund totaling €170,000 had been set up to distribute grants to firework factories carrying out projects aimed at increasing safety.

Each factory is eligible for up to €5,000.