A decision that sets off fireworks (Poll Inside)

FIREWORKS and firecrackers bring excitement and joy to gatherings, especially during festivities when farfalle, crossette and brocade designs light up the night skies.

That is, depending on where you stand on the matter, of course.

Sale of the fireworks and firecrackers, which is now illegal, will soon be legalised.

No longer will one need to go through “the guy who knows a guy” to acquire some of these beautiful explosives.

The announcement by Local Government Development Minister Nga Kor Ming on the Cabinet’s decision on Feb 2 to legalise fireworks and firecrackers came as a surprise to many.

Among the reasons for legalisation are to create a revenue stream, quash syndicates and for imported fireworks to meet the government’s safety standards.

Nga also pointed out that using firecrackers and fireworks was common practice among Malaysians during festivals.

With the positives in the minister’s statement came dissenting views.

It is hard to argue against collecting revenue to fill government coffers as these items are not necessities.

The same goes for creating proper channels for the market and upholding consumer interests.

Between the statements and comments from non-governmental organisations (NGO) as well as on social media lauding the move, days following the minister’s announcement revealed more public concerns ranging from “Just, why?” to labelling the policy as regressive.

As a comparison, most of our neighbouring countries like Singapore, Thailand, Brunei, Vietnam have outright bans on fireworks and firecrackers with very limited exceptions.

Proponents for legalisation laud the government’s acceptance of cultural expression as well as allowing the public freedom of enjoyment, and they say the money may as well be channelled to authorities rather than smugglers.

Meanwhile, those who oppose it have a laundry list of reasons, from the welfare of animals to environmental concerns as well as the community’s well-being.

Take the scenario of households that have any one or a combination of these and have to contend with fireworks: family members with medical conditions especially concerning the heart and lungs, the elderly, infants and pets.

Critics of the policy also worry about personal safety and their property.

While the minister pointed out that the policy and guidelines would ensure products meet defined standards, products released to the public could still malfunction, while careless usage of fireworks could result in injury and damage to property.

One can imagine how easily things can get carried away when people start to get creative with fireworks and firecrackers.

The negatives also go beyond the fire hazards and intrusive noises, as fumes and debris from spent fireworks and firecrackers often contain chemicals after the explosive reaction.

Interestingly, many fireworks are not required to specify chemicals or data in their Safety Data Sheet (useful for determining chemical hazards) as pyrotechnic mixtures are considered proprietary in nature.

Perhaps the regulations will still prohibit some fireworks and firecrackers, but its legal status creates an opportunity for the proliferation of these things that are treated by the Explosives Act 1957 as the same as dynamite and ammunition.

Imposing taxes on these items may not necessarily wipe out the black market as syndicates can still compete with lower prices.

While legal sellers have fees and taxes to pay, smugglers are not bound by regulations and can still be in demand by offering “off the book” items.

The task of creating the guidelines and regulations now fall on the Home Ministry, which is the administrative authority for the Explosives Act 1957.

A direction that the ministry can take is to incentivise the importation and use of silent fireworks – a type which uses less flash powder (the chemical that produces explosions) which is slowly gaining popularity in other parts of the world.

Sentiments on the Cabinet’s decision to legalise fireworks and firecrackers will likely remain unchanged unless the guidelines and enforcement keep their use in serious check, but the ministry will have to walk a tightrope to appease detractors.