Hansard

I am pleased to open the final debate on the Fireworks and Pyrotechnic Articles (Scotland) Bill. I thank the Criminal Justice Committee for its detailed scrutiny of the bill and the stakeholders who have engaged in and helped shape it.

Without the protection that the bill provides, many people and animals will continue to be deeply affected by the use—and deliberate misuse—of fireworks and pyrotechnics.

Earlier this month, I met national health service staff from the Scottish national burns centre at Glasgow royal infirmary. The harrowing accounts of injuries that were caused by fireworks and pyrotechnics tragically reinforce why the bill is needed. It is of extreme concern that, without the additional restrictions that are proposed by this bill, people will continue to suffer life-changing injuries and many of them will require months of physical and psychological aftercare.

The first account that I heard was of a young man who, following a pyrotechnic explosion, had severely and permanently disfigured his hand. As he was a tradesman, the long-term impact of that was severe, and he had to undergo years of intensive therapy to return to employment.

The second account was of an innocent bystander—a young person at school—who sustained a serious burn injury on their arm due to a pyrotechnic being set off in a crowd where it was difficult to get away from the device. They were about to sit school exams, and it was a crucial point in their life. After their injury, they had to overcome physical and psychological issues to allow them to continue with their schooling.

The third account was of a man who returned to a firework that had been lit and sustained a serious hand injury. He continues to undergo psychological care as a result—long after the physical wounds healed.

What was striking about all those accounts was the significant treatment that was required. Each person required years of surgery, physiotherapy and psychological care to deal with the physical and mental impact. That is surely a terrible and unacceptable toll to pay for something that, in the right hands and in the right circumstances, should and can be enjoyed safely.

The Criminal Justice Committee also heard some heart-breaking accounts. It heard from the National Autistic Society of Scotland about the debilitating impact that fireworks—particularly when used sporadically—can have on people with autism, and it heard how, in some cases, that can lead to shutdowns during which the autistic person reacts involuntarily. That reaction could include a physical or verbal distress response that would make it difficult to provide calming protection, which can, of course, be incredibly distressing. The ability to plan and prepare for the use of fireworks and pyrotechnics gives autistic people, and those caring for them, the opportunity to put safeguards in place.

The committee also received evidence on the sickening attacks on our emergency service workers when they are putting themselves on the line to keep our communities safe. I do not want to believe that anyone in the chamber wants to see people in Scotland physically or mentally harmed, nor that they want to see autistic people acutely distressed or to hear about our emergency service workers being exposed to such sickening attacks.

In taking the legislation through Parliament, I have listened to arguments that we should just stick with the status quo—that convictions and prosecution numbers are low, and that injuries from fireworks and pyrotechnics are rare—but those arguments failed at the time and they still fail to be convincing. They have failed to persuade me and, perhaps more crucially, they have failed to persuade the dedicated staff whom I met earlier this month at the burns clinic in Glasgow.

The core policies of the bill are the result of extensive consultation, engagement and evidence gathering. First, the firework licensing system will put robust checks and balances in place by requiring applicants to undertake mandatory training. Secondly, the proxy purchasing offence makes it clear that any adult who supplies fireworks or pyrotechnics to a child, without a legitimate reason, is committing a crime.

Thirdly, the bill puts restrictions on permitted days of supply and use of fireworks by the public. Those dates are based on existing firework periods and, following engagement with faith groups, strike a balance between allowing people to continue to buy and use fireworks for traditional events while limiting the problematic, sporadic use of fireworks.

Fourthly, local authorities will have the power to designate firework control zones, where it will be an offence for fireworks to be used either by the public or by professionals other than in a public firework display or for other essential purposes, such as safety checks.

Lastly, the offences that relate to possession of pyrotechnic articles in public places and at certain events, without a reasonable excuse, mean that Police Scotland will have the necessary powers to take a preventative approach to tackle the misuse of fireworks and pyrotechnics through intelligence-led policing.

What I am presenting today is the result of my having listened to the committee, communities, the police and other stakeholders and having modified my proposals in light of that. I believe that the bill balances the legitimate right to use fireworks and pyrotechnics with the need to protect public safety.

I accept that fireworks misuse currently presents a number of unusually difficult challenges for the police in particular. The reality is that much of the evidence is literally burned or blown up at the time of the offence.

I have heard calls to focus on the enforcement of existing legislation. However, the bill that I am presenting to Parliament today adds to the existing legislation. It provides clarity for those people whose job it is to keep our communities safe and it puts robust checks and balances in place to ensure that those who can access fireworks will use them safely and lawfully.

I am grateful for the consideration that Parliament has given the bill. Indeed, the Scottish Government lodged a number of amendments that improved the bill as a result of that consideration. The bill is an important milestone in our journey to change the relationship that Scotland has with fireworks and pyrotechnics. It is a key part of reducing the harm, distress and injury that those items cause, and it will put early and robust intervention in place to stop them falling into the wrong hands. I therefore hope that the whole Parliament will feel able to support it.

I move,

That the Parliament agrees that the Fireworks and Pyrotechnic Articles (Scotland) Bill be passed.