Hansard

I am pleased to open the debate on behalf of Scottish Labour. I begin by sincerely thanking my colleagues for an excellent and thorough stage 1 report.

Every year, during the bonfire period, we see the stress and strain that is put on our communities by the antisocial misuse of fireworks, as well as the burden that it puts on the police and emergency workers. The bonfire period appears to have expanded from one night to the best part of two weeks in recent times. Unfortunately, the bill solidifies that.

We do not believe that the bill goes far enough in many places and, as such, we are concerned that it might not change things on the ground. Scottish Labour proposed amendments to strengthen the legislation, but they were almost all rejected by the Government. For example, my amendment to further reduce the number of days on which fireworks could be purchased and used during both the bonfire and the new year periods—it was supported by the Dogs Trust—was rejected.

As has been referred to already, the disparate dates when fireworks can be bought and used is an issue. There is a bunch of 57 days around the calendar when fireworks can be used, with a different set of 37 days when they can be sold. The possibility for public confusion about that is clear and, of course, offences are attached to the provisions. I agree with Jamie Greene and wonder how enforceable they really are.

Sadly, the bill might not make a difference unless the Government is prepared to create more capacity for enforcement. Given the very low levels of enforcement for breaches of existing legislation on fireworks misuse, it is clear that we need to provide the police with adequate resources if we are serious about what we have just heard. Unfortunately, the legislation is being introduced at a time when police resources are definitely a subject for debate.

We have expressed concern about the lack of detail in the licensing scheme. My colleague Katy Clark examined that in great detail at stage 2 and stage 3, and we still say that it is possible to have the legislation without a licensing scheme, because there are permitted days for fireworks and days on which it would be an offence to set them off. However, our primary objection to the licensing scheme is that it runs the risk of fuelling a black market. The Government was too quick to dismiss that.

Furthermore, I lodged two amendments to keep any licensing fee small, and affordable for families, and those were rejected. At committee, we heard from Norman Donald from NJE Fireworks Displays, who warned that

“not everyone can afford a fee. Some families come to our shop to spend £30 on a small selection box because that is a once-a-year treat for their children. If you introduce a fee of £30, £50 or whatever, you could put that purchase out of their reach.”—[Official Report, Criminal Justice Committee, 23 March 2022; c 7.]

The important point is that the knock-on effect of a potentially complex and expensive scheme is the risk that people will turn to the black market. We have seen that in Northern Ireland. I have said already that the extent to which the bill was rushed through the Parliament means that we did not get a chance to examine this properly, but in Northern Ireland, which operates a similar licensing scheme, the Belfast Telegraph reports that

“black market fireworks are available everywhere.”

We also heard from the industry that it has concerns that the black market can consist of a wider range of different things, some of which are not currently legal. Bangers are a good example of that, and no one would want to see the rise of that extremely dangerous firework on our streets.

I felt that it was important to give communities the chance to request a firework control zone if they were enduring a lot of antisocial behaviour in relation to fireworks. I have many constituents in Glasgow who are keen to be able to request a firework control zone in their community because they feel terrorised by fireworks at certain times of the year, but unfortunately ministers were unwilling to support that proposal and it was rejected.

In its stage 1 report, the Criminal Justice Committee decided only on balance that it agreed with the general principles of the bill. As Jamie Greene said, it is quite extraordinary in this Parliament that a committee would be so critical, and I am disappointed that more was not done to address those concerns.

There are things in the bill that we pushed for, such as Police Scotland’s proposal for the simple possession offence. We were keen to see that.

However, the bill has many flaws. It was a difficult one for Scottish Labour to make a decision on. We are keen to send a strong message that the antisocial use of fireworks will not be tolerated. We must be certain to act on that.

I commend Jamie Greene for what I thought was a very considered speech. On balance, we will take a different position. We will support the Government on the bill, but I have to say that that decision was made on the balance.

I urge the Government, if it is serious about the control of fireworks in our communities, to demonstrate that by using the full force of existing law, and to allow the committee to drill down into any regulations that come before it, so that we have the opportunity to correct the things that we thought were wrong from the very beginning.