Committee
Criminal Justice Committee 01 June 2022
01 Jun 2022 · S6 · Criminal Justice Committee
Item of business
Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2
In developing the pyrotechnic possession offence, we have been conscious of our obligation to be proportionate in our approach and to consider the least intrusive method of achieving our policy objective while still responding to the evidence around pyrotechnic misuse. However, I share the committee’s view that the operational challenges that were raised following the bill’s introduction need to be addressed. I have continued to work with Police Scotland and the Scottish Police Federation on those issues. I have listened to the views of members across Parliament and gained assurances that any extension of the offence to include public places has the necessary safeguards and checks and balances built in to remain proportionate to the issue that is being tackled. As a result of those discussions, I have reassessed the provisions in the bill. The Government amendments in the group adjust the existing possession offence and create an additional offence of being in possession of a pyrotechnic in public without reasonable excuse. To ensure proportionality and consistency with existing pyrotechnic prohibitions relating to sporting grounds, the amendments set out two offences relating to pyrotechnic possession. Amendment 26 contains an additional offence that will prohibit the possession of a pyrotechnic article, including fireworks other than category F1 fireworks, in any public place without a reasonable excuse. That recognises that restricting the carrying of F1 items such as sparklers and party poppers in public would be a disproportionate measure given the low risk that is presented by those items. However, in excluding F1 fireworks from the public place possession offence, we do not want to relax any existing prohibitions relating to them. Current laws prohibit all fireworks, including F1 fireworks, from being taken into designated sporting grounds. Amendments 27 to 29 adjust the offence in section 33 to cover separately the prohibition of all fireworks and other pyrotechnic articles at designated sporting or music venues and events. Amendments 36, 38 and 40 relate to exemptions to the prohibition on pyrotechnic articles at those places and events. They adjust those exemptions, which are set out in schedule 1, to ensure that people who carry out legitimate business using fireworks and pyrotechnics in designated sporting and music venues and events can continue to do so without committing an offence. Amendment 41 will ensure that organised, lawful, public firework displays are not unintentionally impacted by the new pyrotechnic articles in public places offence. It provides an explicit exemption from that offence for such organisers and their assistants. The amendments will ensure that powers are available to Police Scotland to enable it to take a preventative approach to tackling the misuse of fireworks and pyrotechnics by using intelligence-led policing and undertaking early interventions to stop misuse. I move amendment 25.
In the same item of business
The Convener (Audrey Nicoll)
SNP
I wish you a very good morning. Welcome to the 18th meeting in 2022 of the Criminal Justice Committee. We have received no apologies. We have two main items...
The Convener
SNP
Amendment 81, in the name of Jamie Greene, is grouped with amendments 82 and 83.
Jamie Greene (West Scotland) (Con)
Con
Good morning. We have a lot to get through today. The amendments in this small group are technical ones that seek to improve the licensing scheme, should it...
The Minister for Community Safety (Ash Regan)
SNP
The amendments in group 11 make provisions relating to the format of a fireworks licence. In particular, they set out entitlement to a paper licence and spec...
Jamie Greene
Con
I thank the minister for that response. The reassurance that has been given, with her accepting the point, is helpful and appreciated. For that reason, I wil...
The Convener
SNP
I call Jamie Greene to move amendment 82, which has already been debated with amendment 81.
Jamie Greene
Con
Can I have clarification of the difference between withdrawing and not moving an amendment?
Seán Wixted (Clerk)
If a member is content not to move an amendment, they do not have to—it will not be debated. If an amendment is moved, it must be debated by the committee, a...
The Convener
SNP
Amendment 84, in the name of Jamie Greene, is in a group on its own.
Jamie Greene
Con
Amendment 84 is quite self-explanatory—unusually for an amendment—and is based on the premise of an appeals process. It says: “The Scottish Ministers must p...
Ash Regan
Amendment 84 would require the Scottish ministers to provide information about how to appeal a decision to refuse a licence application, attach a condition t...
The Convener
SNP
Jamie, do you want to wind up or press or withdraw amendment 84?
Jamie Greene
Con
I thank the minister for the offer. I am happy to kick off the morning on a consensual note and agree to work with the minister and her team ahead of stage 3...
The Convener
SNP
The question is, that amendment 86 be agreed to. Are we all agreed? Members: No.
The Convener
SNP
There will be a division. For Findlay, Russell (West Scotland) (Con) Greene, Jamie (West Scotland) (Con) Against Clark, Katy (West Scotland) (Lab) MacG...
The Convener
SNP
The result of the division is: For 2, Against 6, Abstentions 0. Amendment 86 disagreed to. Section 15 agreed to. Section 16—False or altered licences and ...
The Convener
SNP
The question is, that amendment 20 be agreed to. Are we all agreed? Members: No.
The Convener
SNP
There will be a division. For Clark, Katy (West Scotland) (Lab) MacGregor, Fulton (Coatbridge and Chryston) (SNP) Mackay, Rona (Strathkelvin and Bearsden...
The Convener
SNP
The result of the division is: For 6, Against 2, Abstentions 0. Amendment 20 agreed to. Amendment 21 moved—Ash Regan—and agreed to. Section 18, as amended...
The Convener
SNP
The question is, that amendment 89 be agreed to. Are we agreed? Members: No.
The Convener
SNP
There will be a division. For Clark, Katy (West Scotland) (Lab) Findlay, Russell (West Scotland) (Con) Greene, Jamie (West Scotland) (Con) McNeill, Paul...
The Convener
SNP
The result of the division is: For 4, Against 4, Abstentions 0. There is an equality of votes. Therefore, as convener, I shall use my casting vote to vote a...
The Convener
SNP
Amendment 90, in the name of Jamie Greene, is grouped with amendments 56, 129 and 57.
Jamie Greene
Con
I have two amendments in this group and Colette Stevenson has the other two, which I will come on to. My two amendments are on post-legislative scrutiny, w...
Collette Stevenson (East Kilbride) (SNP)
SNP
I am pleased to propose amendments 56 and 57, having raised the issue of post-legislative scrutiny of the bill alongside my colleagues on the Criminal Justic...
Rona Mackay (Strathkelvin and Bearsden) (SNP)
SNP
I support Collette Stevenson’s amendments 56 and 57 for the reasons that she has just outlined, which I will not repeat. I do not think that Jamie Greene’s ...
Pauline McNeill (Glasgow) (Lab)
Lab
I thank Jamie Greene and Collette Stevenson for their amendments, which are critical. They all align with the committee’s stage 1 report, in which we all exp...
Fulton MacGregor (Coatbridge and Chryston) (SNP)
SNP
I speak in support of amendments 56 and 57, in the name of Collette Stevenson, which are a fair reflection of where the committee got to in its discussion of...
Ash Regan
SNP
I thank Ms Stevenson for meeting me to discuss her amendments. I welcome the detail that she has given in highlighting the importance of post-legislative scr...
Pauline McNeill
Lab
I talked about the licensing scheme, which Jamie Greene’s amendment 90 refers to.