Trick or threat?

21 October 06 : Many livestock and pet owners dread Halloween. With illegal fireworks now part of the "tradition", reports of injured animals have become an annual occurrence. What can be done about the fireworks problem?

Fireworks are illegal in Ireland. It’s surprising how many members of the public don’t realise this and with Halloween, New Year and SSIA-funded weddings, the illegal use of fireworks appears to be on the increase.

When Tánaiste Michael McDowell, TD, recently launched a new fireworks public awareness campaign, he said; "I am very conscious of the difficulties which the illegal use of fireworks present each autumn, the dangers which they pose to the public and the distress they cause to people and also to animals. Because of my concerns, I decided to introduce new offences and strong new deterrents to the illegal use of fireworks in the Criminal Justice Act, 2006."

With this new legislation:

it is now an offence for any person to possess a firework with intent to sell or supply, without a licence;

it is an offence to throw an ignited firework at any person or property;

it is an offence to light unlicensed fireworks.

With fines of up to €10,000 or five years imprisonment, or both, it appears that the Government is serious about the fireworks menace but whether the public are aware of these penalties or if they will stop the cross-border fireworks shopping trips by indulgent parents remains to be seen.

Legal fireworks displays are strictly controlled and run by professional companies. In a bid to counteract illegal fireworks, Naas Town Council planned to organise such a display at Halloween. However, after a "very constructive and positive" meeting between council members and an ITBA delegation, this may be shelved. Niamh O’Sullivan, Manager of the Irish Thoroughbred Breeder’s Association, explained their stance: "We felt that if Naas Town Council went ahead, it would set a precedent for such displays and many of our members have horrendous stories of incidents connected to fireworks displays. Horses – which are flight animals – can’t differentiate between legal and illegal fireworks and there a number of issues, from personal safety, welfare of the animals and an economic viewpoint, why breeders are against the use of fireworks.

"We certainly don’t want to be killjoys and would hope to sit down with the council to plan alternative entertainment for the people of Naas at a future date – be it a concert or amusements or a local day at the races."

Niamh pointed out that 94% of ITBA members own four or less mares and between in-foal mares and yearlings prepared for sales, Halloween fireworks can have devastating effects.

"A horse’s instinct is to run so there is a danger to the public if a 500kg animal escapes and gallops down a road at, say, a speed of 30 miles per hour."

So, who is liable for damage done by animals bolting or climbing stable walls because of fireworks? From a legal viewpoint, where do horse owners stand?

Presumably, many horses – particularly thoroughbreds –are insured but while policies may guard against horses accidentally straying onto roads, for example, what is the case if the horse bolts because of nearby fireworks? Certainly no insurance policy compensates for the trauma and human cost of such accidents.

Can horse owners sue the Halloween revellers?

According to solicitor James Staines, taking a civil case against the culprits may be complex without substantial proof.

"While 95% of fireworks displays are illegal, it may be difficult to clearly show which actual firework caused the damage if there are a number of displays in the vicinity. And as most fireworks are let off by children, there is the issue of suing a 10- or 11-year-old. So in theory, yes, you can take a civil action but, in practice, it can be difficult to prove in most cases." Some owners prefer to stable their horses/ponies with a radio playing to mask the fireworks during Halloween. Some horses may require sedation. The sheer hassle and expense of these measures is at best a nuisance and while the problem peaks on Halloween night, some horse owners have already reported "practice runs" in their area.

Will it take the nightmare scenario of bolting horses causing a serious road accident or a child being injured while trying to calm a spooked pony before the message hits home that fireworks and animals don’t mix? Possibly. Will it take one landmark case with the new maximum fines imposed for the culprits to realise that Halloween "fun" comes at a price? More likely.