Meeting of the Parliament (Hybrid) 03 May 2022
I used to think of law making as painstaking and precise—a meticulous process of gathering evidence, weighing up differing views, seeking legal direction and assessing existing legislation—but my perceptions have gone up in smoke in the past few weeks.
As a member of the Criminal Justice Committee, I have learned more about fireworks than I ever thought likely. The committee clerks and staff have earned our gratitude for their sterling and patient work. The committee’s evidence sessions have been enlightening, but the more we heard, the less clear some issues appeared to become. Despite having had the benefit of the committee process, we still do not know nearly enough about the bill.
Some members will be familiar with the committee’s stage 1 report on the bill, but not as familiar with it as they deserve to be, because it was published only on Thursday. The Government thinks that it is fair to expect members to digest the report’s 70-plus pages, and numerous responses to it, in a truncated timescale that breaches the Parliament’s own rule book. It was just before 11 pm on Sunday when we got sight of the Government’s 36-page response to our committee’s report—I thank the minister for my riveting bedtime reading.
Last week, my colleague Jamie Greene attempted to get ministers to press pause, but without success. So here we are, debating complex legislation that is full of gaps, without knowing what it will mean in practice. As our report states:
“much of the substantial detail”
is
“left to be developed in regulations after the Bill is enacted.”
To put it simply, we are not being given the time to do our jobs properly.
The reason for the Government’s haste is that it wants to outlaw the supply of fireworks to under-18s before this year’s bonfire night. Although children cannot buy fireworks, they can be given them by an adult, and the committee established that the UK Government could end such so-called proxy purchases in Scotland. However—this might come as a surprise to members—we have been unable to establish the extent to which Scottish ministers pursued that with UK ministers. The committee describes that as “very unsatisfactory”, which typifies much of our frustration.
One thing that is abundantly clear and on which we are all pretty much in agreement is that many people across Scotland want something to be done about fireworks. There are two main issues. The first is their dangerous and reckless misuse, often by younger people, which sometimes involves targeting emergency service workers. The second is the harm that their loud noises cause to animals—both domestic pets and livestock—and some people with sensory issues.
What does the law say now? Anyone aged over 18 can buy fireworks. They are sold only on specific dates including 5 November, Hogmanay and some religious and cultural events. However, there is an exception: licensed retailers can sell them all year round. So, as things stand, there is nothing to prevent anyone from letting off fireworks every night of the year.
The Government’s answer to the first problem—the dangerous misuse of fireworks—is to limit their availability via the introduction of a licensing scheme. It is estimated that up to 250,000 people in Scotland buy fireworks each year. How many of them would apply for a licence? In 2016, Northern Ireland issued 515 licences for a population of 1.85 million. If the same ratio was applied to Scotland, we might expect just over 1,500 licences to be issued. As the fireworks industry reasonably asks, what will happen to the tens of thousands of people who currently buy fireworks? The concern is that many will not bother with a licence costing up to £50 but will, instead, turn to a black market. That is the last thing we need. Also, will licensing be a financial barrier for low-income families who want to enjoy fireworks? The Government has not answered those questions.
The committee visited Blackburn in West Lothian, where the community has worked to counter the dangerous misuse of fireworks. I welcome people from Blackburn to the Parliament today and hope that the debate is not too long and boring. We heard of a white van man selling fireworks to children, and I am concerned that licensing will be a boon to criminals while it shuts down responsible traders.
If licensing and the bill’s other restriction are implemented, will supermarkets bother to stock fireworks? At least one—Sainsbury’s—has stopped doing so already. Again, that could create a vacuum for a criminal market. However, the Scottish Government has not engaged with the big retailers to establish their position.
The Government’s answer to the second key issue—the distress caused by loud bangs—is firework control zones and limiting the number of days on which fireworks can be used. Many people to whom I speak, and large numbers of respondents to the public consultation, would love to see areas in which all fireworks were banned, but firework control zones will not do that. People living in them will be able to hire private companies to stage back-garden shows, and shows will also be allowed at certain events, such as gala days. Not only that, but we do not know the criteria for deciding where the zones should be, their possible size or how long they would last. What is the point?
The bill proposes allowing firework sales only on 37 days of the year, with 57 days on which fireworks could be used. The Government is trying to reduce fireworks by pushing a bill that, in effect, gives a green light by formally defining 57 days on which they can be used. What of countless other religious or cultural dates that are not on the Government’s list? It seems inevitable that there will be challenges to add new dates, and it is hard to see on what grounds they could be refused. The net result would be even more firework use.
Another significant question is whether the criminal justice system is making use of the powers that it already has. Katy Clark and Jamie Greene touched on that. Getting basic data about that from the Government has been challenging. My colleague Jamie Greene mentioned that there were zero convictions last year although 974 incidents were reported to the police. Over a five-year period, there were only 16 convictions. When Fraser Stevenson from the British Fireworks Association gave evidence, he told the committee that the association had done research that found that the largest fine to be imposed by a Scottish court was £150. The crime was targeting two police officers with fireworks in 2019. He asked, reasonably:
“What message does that send to those who misuse fireworks? It certainly does not appear to be a deterrent.”—[Official Report, Criminal Justice Committee, 23 March 2022; c 3-4.]
We are being bounced into debating a bill that contains not just the issues that I and others have raised but many other issues. We need a lot more information from ministers. That is why I urge all members to support Labour’s amendment. Doing something about fireworks is welcome, but doing the wrong thing could be counterproductive. The bill seems to be the legislative equivalent of lighting the blue touchpaper and hoping for the best.