AS the current legislation aimed at protecting animals from harm caused by fireworks is not preventing their deaths, action must be taken.
This is the view of Andrew Selous, the MP for south-west Bedfordshire, where a pony had to be put down as a result of New Year’s Eve fireworks.
Sam Parsons’ 25-year-old gelding Murphy, who should have been enjoying a happy retirement, had to be put down on 1 January. Sam believes from marks in the field that he had gone through electric fencing and into another fence. He was found unable to get up, despite vets’ best efforts.
“There was no coming back from that so he was put to sleep then and there,” Sam told H&H. “It was absolutely horrific.”
Sam is now trying to make as much noise as possible, with the backing of Mr Selous, who arranged an interview with himself and Sam on local BBC radio, and intends to address both the parish council and parliament on the issue.
“He’s been fantastic,” she said. “He was talking about tougher by-laws for rural communities; it was discussed in parliament in 2019 and they were told to go and get more evidence, so I hope this is the time to say ‘This is still happening’. How many horses have to die before something changes?”
Sam added that a 32-year-old pony belonging to a neighbour of hers also ran through a fence in panic on New Year’s Eve, and was injured. Spent firework casings landed on kennels at a dog rehoming facility nearby. H&H also spoke to Joanna Barnett in Sussex, whose much-loved “horse of a lifetime” Tallulah ran through a fence in panic and was found on the road. Despite the best efforts of Joanna and her vet, she had to be put down on New Year’s Day.
“There shouldn’t be fireworks around here, even under current legislation,” Sam said. “But they’re so accessible to buy and there’s no policing; if you say to police ‘This has happened’ they ask who’s let them off but no one knows; there’s no justice and no way to hold someone accountable. The more we can shout about this, the better. Something’s got to give.”
Mr Selous told BBC radio he does not want to ban fireworks entirely.
“I think it’s possible to have them responsibly,” he said. “One has to take the middle ground and back people who are using them responsibly but they’ve got bigger and louder and if they’re causing death or injury to animals we’re charged with caring for, something’s gone very badly wrong, and that means we need to take action. Isn’t it terrible that all these horses have had to die before something gets done about it? I take that as a challenge. We have to protect people like Samantha, and others, from this happening again.”
Government advice is that fireworks “must not be set off near livestock or horses in fields or close to buildings housing livestock”, but Mr Selous said if current legislation is not working, or being enforced, “the very least we need is a huge awareness campaign”. He added that he would bring this up and “challenge Government to think about what needs to be done to make sure we don’t have any more of these very tragic stories”.
Lawyer Joanne Saye, an associate with Ashfords LLP who specialises in equine and rural cases, told H&H the firm has seen a number of cases about horses injured by “third-party stimulus”.
“Fireworks continue to be a particular concern for horse owners,” she said. “Those facilitating or organising fireworks events should be aware of the potential impact their activities might have on neighbouring livestock, including horses. If they negligently set off fireworks, for example without adequate warning or in an inappropriate manner, they could be liable to neighbouring horse owners for losses suffered. In particular where a fireworks display is excessive, unexpected, out of the ordinary and/or prolonged the horse owner might consider a claim against the responsible third party.
“If the incident caused an injury that has materially affected the performance of the horse, or worse, caused the death of the horse, this might be a sufficient incentive for litigation. Depending on the circumstances, there may also be rider/handler injuries to consider, as well as damage to property and vet’s fees. Horse owners should be aware that potential civil litigation recourse exists in such circumstances and should consider speaking to a specialist equine lawyer about their options.”
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