Speech in the ACT Legislative Assembly

19 November 2009

I like so many other Canberrans have very fond memories of spending time with family and friends congregated on the Queen’s Birthday long weekend to enjoy cracker nights.

For a place that really only grew to a city of critical size in the 1950s and 1960s, the place has a very distinct culture and proud heritage. Whilst the city cops more than its fair share of criticism, those of us that have been here for a while love the city and all that it has to offer. I think the acceptance and recreational use of fireworks has been one of the defining components of perception of the ACT interstate. Let us not deny that Canberra is said to be a boring and stale place by the city’s critics. However, the fireworks helped rebuff that perception. Firstly, I do not agree with the critics of Canberra, and nor do I think they necessarily deserve a response. But the fact is that Canberra is synonymous with fireworks, and this banning is a shame and a turning point for Canberra.

I believe governments tinkering with culture is a very risky business. It is my opinion that the hasty ban imposed by the government is doing just that. We in this place should be cautious about orchestrating such changes to the culture of Canberra without going through due process.

I know there are some that will refute this argument and say that fireworks are a very small part of our culture. The debate about culture will always be had, and culture can be different things to different people. But the fact is that there are many people that very closely link living in this city with memories of fireworks.

As has been reported in the Canberra Times, I use new media extensively, and I see great merits in that form of communication. On this, I would like to commend Clare Hogan and the others that have constructively put their views forward on Facebook. The “lift the ACT ban on fireworks” group has 9,726 members as of 10 am today and is a great reflection of what I believe is a strong groundswell of support in favour of the responsible use of fireworks.

My colleague Mrs Dunne has already spoken about the consultation in the form of telephone surveys undertaken in 2007 and last year. As of August last year, 56 per cent of Canberrans agreed that they should be able to buy and use fireworks. It makes you wonder why the government undertook this survey. If it was to gauge community views, has the message not been sent? What is the point of doing such surveys if the results have no impact on the subsequent decisions?

I am the first to admit that there are problems with the irresponsible use of fireworks. There are also problems with the irresponsible use of other legal products, such as cars, motorbikes, knives, scissors, cricket bats, baseball bats, hockey sticks, spades, axes, and the list goes on and on.

Some will say that fireworks are different because, even if they are used responsibly, they are troublesome. However, there are many activities, products, events and venues, which we tolerate that have consequences beyond our back fences. I am sure everyone in this place either has a dog or has a neighbour who has a dog that barks every now and again, which is audible beyond their backyard. I am sure we have all heard loud voices, laughing, music, lawn mowers, whipper snippers and more coming from a neighbour’s house. We accept these things, because that is what living in a city is all about. It is what living in a suburb is all about.

We have products that, even when used responsibly—that is, as they are intended—cause problems. Cigarettes are one such product, yet where are the Greens and the ALP when it comes to banning that product? I am not for one minute implying we should be banning cigarettes. I am simply highlighting the inconsistency in their argument.

We accept there is a road or a path to better regulation on the issue of cigarettes. Why do we not accept that there is a path or continuum for better regulation of fireworks?

We in this Assembly must move away from overlegislating and overreaching into the lives of our constituents. We are not here to run the lives of those whom we represent. I will not stand here and say there are no problems with the use of fireworks in Canberra. However, I do believe we have not given the safe and responsible use of fireworks a fair go. As someone who is opposed to excessive government, including over-regulating, it amazes me when laws are passed or regulations put in place that are not enforced. What is the point of such actions? Is it simply to threaten people?

I do not think that the ACT government properly enforced our laws regarding fireworks and, because of this, irresponsible use was allowed. Imagine if we did not enforce road rules. I think we would get more irresponsible behaviour than we get now. Most people acknowledge this and thus support the reasonable enforcement of road rules. Why was not the same approach given to fireworks? Could it be that some of those opposite almost wanted the system to fail?

There are other parts of the world where cracker nights still exist: parts of the United Kingdom, New Zealand, Canada, South Africa and the Caribbean and, of course, the fireworks capital of the world, China. I never thought I would say this, but proponents of fireworks might have to seek refuge in the People’s Republic of China. Of course, there are many other issues in China to contend with.

Even the Chief Minister on 27 August 2009 said in the Canberra Times:

I regret the decision. I think of decisions I’ve made in Government it’s one of the decisions that I have significant regret around. I always enjoyed fireworks, cracker night, I loved it as a child. My children loved it, and it’s a matter of regret that there are generations of children now that will never have that same experience or that same joy, and I regret that.

Chief Minister, I share your concerns. As the youngest person in this Assembly, I can say that, of the people of Canberra I know of a similar age, many also regret the decision taken by your government.

I think there are many other options for the safe and responsible use of fireworks that could be explored. Firstly, I would support a system which cracked down on illegal use. As I have already discussed, fireworks, like many products, if used irresponsibly, can be dangerous. People that do this should be punished. Why do we not look at alternative options like on-the-spot fines? The current suite of options open to enforcement officers does not include this tool. I believe it would help in obvious cases of abuse of the laws and serve as a deterrent. As Mrs Dunne has said, given that not one person has been prosecuted for using fireworks outside of regulated times, it shows the system is not working well.

Mrs Dunne has also flagged the possibility of limiting the fireworks weekend to just one night rather than two. This is something which should be on the table for consultation. What about nominations for parts of Canberra where people can congregate and let off fireworks or watch others let off fireworks? The event could even be facilitated by service clubs or other community organisations. There are many options which should be on the table but sadly are not.

Only the Canberra Liberals are committed to genuine consultation and genuine representative and responsible government. I think this is a sad day for Canberra. Some may think I am being melodramatic, but for many in our community, fireworks are more than colourful lights in the sky; they represent families, friends and communities coming together and enjoying each other’s company. Whilst it seems to be a done deal, I urge Labor and the Greens to rethink their approach to this issue.