| |
National
Campaign for Firework Safety
Parliament in
1998
Part 2, 22
April 1998 - 2 June 1998
House of Lords
where stated, otherwise House of Commons
22nd April 1998
ANNEX
FIREWORKS BILL
Memorandum by the Department of Trade
and Industry
Introduction
This memorandum gives an account of the
purpose and scope and the delegated
powers proposed to be taken in the
Fireworks Bill, which was introduced into
the House of Lords on 23 March 1998.
Outline and Scope of the Fireworks
Bill
2. The Bill makes provision about
fireworks and other explosives. Broadly,
it confers powers on the Secretary of
State to make regulations for the purpose
of securing that fireworks are used
safely and for regulating aspects of the
supply and use of other explosives, in
particular their supply to young persons.
It also provides for the contravention of
regulations made under the Bill to be an
offence. The regulation-making powers in
the Bill are subject to commencement
order made by the Secretary of State. The
Bill extends to Northern Ireland.
3. Other provisions repeal prospectively
certain sections of the Explosives Act
1875, as well as the Explosives (Age of
Purchase &c.) Act 1976, and
provisions contained in the Explosives
Act (Northern Ireland) 1970 and the
Explosives (Amendment) (Northern Ireland)
Order 1996. Consequential amendments are
made to other legislation. The
Bill also includes, within the regulation-making
powers, powers to remake, in amended
form, the provisions of three of the
sections of the Explosives Act 1875 which
the Bill prospectively repeals.
Purpose of the Bill
4. Section 11 of the Consumer Protection
Act 1987 provides (broadly) regulation-making
powers to deal with the safety of goods
and the provision of information in
relation to goods, including fireworks.
There are limitations, however, on the
ways in which those powers may be
exercised. For example, they do not
enable the safe use of goods to be
regulated. The main purpose of this Bill
is therefore to provide the capability to
address, by way of regulations, a number
of firework issues which cannot be
addressed using powers presently
available to government.
5. The Bill is largely modelled on the
safety provisions of the 1987 Act. This
is important because it may be
appropriate for any future firework
safety regulations to be made under
'mixed' powers (i.e. those in the 1987
Act and the Bill).
Delegated powers
6. The Bill contains a power in clause 2
to make fireworks regulations and
subsequent clauses of the Bill provide
for specific provisions which such
regulations may contain. In addition,
there are other powers to make delegated
legislation in clauses 1 (introduction)
and 14 (prohibition of supply etc. of
other explosives) and further powers to
make regulations in the Consumer
Protection Act 1987 are incorporated by
reference into the Bill by clauses 11 (offences)
and 12 (enforcement).
Classification of subordinate
legislation
7. In deciding whether subordinate
legislation was appropriate in any
particular case the Department had in
mind the following criteria: - to ensure
that the regulation-making powers in the
Bill align with those in the Consumer
Protection Act 1987 (this is necessary
because it may be appropriate for any
future fireworks regulations to be made
under mixed powers); - the need to avoid
too much technical detail on the face of
the legislation; - to ensure
flexibility in responding to changing
circumstances without the need for
primary legislation; - to allow flexible
timing to ensure that the drafting of
technical details is right, affected
parties can be consulted, and changes to
the details of legislation can be made in
the light of changed circumstances.
Clause by clause analysis of delegated
powers
8. These are described in paragraph 8.1
onwards. Clause 1 - introduction and
definitions of "fireworks" and
"supplying" 8.1 This
clause defines the expression "fireworks"
and what is meant by "supplying"
for the purposes of the Bill. Fireworks
are defined by reference to the current
British Standard for fireworks (or any
British Standard replacing it) and
provision is made for this definition to
be varied or replaced by regulations.
This power is required for two reasons.
First, there is a need to ensure that all
fireworks, which are diverse in
composition and function, continue to
fall within the scope of the Bill and
that other types of device which the Bill
covers are accurately defined. Second,
account will need to be taken of any
change in the British Standard
definition, which may not be entirely
satisfactory for the purposes of
legislation.
Clause 2 - power to make regulations
about fireworks
8.2 This clause sets out the basis on
which the Secretary of State may make
fireworks regulations and the procedure
which must be followed. Permanent
regulations (that is regulations which
remain in force until revoked) can only
be made following a public consultation;
but there is also a procedure for making
'emergency' regulations (which can remain
in force for no longer than 12 months).
These procedures echo existing ones in
section 11 of the Consumer Protection Act
1987.
Clause 3 - prohibition on supply etc
to young persons
8.3 This clause provides for the
Secretary of State to make regulations to
prohibit persons from supplying, or
offering or agreeing to supply, fireworks
or fireworks of a specified description
to persons below an age specified in the
regulations. Clause 3 also provides
powers to make regulations to prohibit
the purchase or possession of fireworks,
or fireworks of a specified description,
by persons who are below a specified age.
The latter powers add to those available
under section 11 of the Consumer
Protection Act 1987, which do not allow
the prohibition by criminal sanction of
the purchase or possession of fireworks.
8.4 As to the powers to prohibit supply
to young persons, section 11 of the 1987
Act enables regulations to be made to
this effect, but for two reasons it is
necessary to include such powers in the
Bill. First, the circumstances in which
the powers in the Bill may be exercised
are wider in the Bill than they are in
the 1987 Act, enabling the Secretary of
State to legislate, for example, to
ensure that fireworks are not used to
cause alarm, distress or anxiety. Second,
the 1987 Act contains only a due
diligence defence for those charged with
an offence under safety regulations (section
39) and this is felt not to offer
adequate protection for a retailer
charged with supplying fireworks to, for
example, a person who is under 18 but
whom he had no reason to suspect was
below that age. The Bill contains a
defence to this effect in clause 11(8) (as
well as a due diligence defence in clause
11(7)).
Clause 4 - prohibition of supply etc
in certain circumstances
8.5 This clause provides powers for the
Secretary of State to make regulations
restricting the supply, purchase,
possession or use of fireworks, or
specified fireworks, at particular times.
The clause also allows for regulations
prohibiting the supply, exposure for
supply, purchase, possession or use of
fireworks or fireworks of a description
specified in the regulations in places or
places of a description or in
circumstances specified in the
regulations. Regulations made under this
clause may include exceptions or
dispensations. These powers add to those
available under the Consumer Protection
Act 1987. In particular, they would
enable the introduction of a statutory
selling period for fireworks as well as
enabling anti-social use of fireworks
late at night to be controlled. (Note:
regulations made under this clause and
clause 14 would allow, inter alia, for
the re-enactment in due course, and in
amended form, of the provisions of
section 80 of the Explosives Act 1875
which (broadly) prohibits letting off
fireworks in any highway, street,
thoroughfare, or public place).
Clause 5 - prohibition of supply etc
of certain fireworks
8.6 There are two groups of powers in
this clause. The first (in subsection (1)),
enables regulations to be made
prohibiting the supply, offering or
agreeing to supply of fireworks described
in the regulations, or to prohibit the
supply, offering or agreeing to supply of
specified fireworks to persons of a
description specified in the regulations.
To an extent, these powers echo those in
section 11 of the Consumer Protection Act
1987, except that they will be
exercisable in circumstances where the
1987 Act powers are not available and
will enable regulation of possession and
purchase. The principal difference, and
indeed the principal reason why the
powers in this clause are considered
necessary, lies in the way in which
persons may be described for the purposes
of regulations.
8.7 Section 11 of the 1987 Act allows
regulations to be made which prohibit the
supply of fireworks (or particular types
of fireworks) to persons of a particular
description. In the case of fireworks, it
has been seen as being particularly
desirable for particular fireworks to be
kept out of the hands of people who have
not been trained in their use. The powers
in the 1987 Act are not sufficiently
broad to enable this to be addressed
properly. In particular, they do not
enable the Secretary of State to delegate
matters such as the determination of the
contents of training courses, or
eligibility to attend such courses, to (for
example) private sector training
providers. The powers in clause 5 of the
Bill, read with clause 10, will allow
such matters to be dealt with effectively
by regulations. Regulations made under
this clause may include exceptions or
dispensations.
Clause 6 - public fireworks displays
8.8 This clause provides that regulations
may prohibit persons from operating
public fireworks displays unless they
have given notice to any authorities
specified in the regulations, provided
any other information required, paid any
required fee and complied with other
conditions so specified. Regulations made
under this clause may include provision
prohibiting persons from operating public
fireworks displays unless they have
satisfied conditions relating to training
and other conditions specified in the
regulations. In addition, persons below a
specified minimum age may be prohibited
from operating, or assisting in the
firing of, a public fireworks display.
Regulations made under this clause may
include exceptions and dispensations.
This clause adds significantly to the
powers in section 11 of the 1987 Act,
which do not enable the operation of
firework displays to be regulated.
Clause 7 - licensing of suppliers
8.9 This clause provides that regulations
may include provision to prohibit persons
from supplying, exposing for supply or
possessing for supply fireworks, or
fireworks of a specified description,
otherwise than at premises licensed in
accordance with the regulations.
Regulations made under this clause may
specify the licensing authorities (e.g.
local authorities); make provision
relating to the granting, varying and
revoking of such licences; specify the
conditions which may be attached to them;
specify that fees may be charged for the
granting or variation of licences; and
specify that there may be appeals against
refusals to grant licences or against the
variation of licenses. The powers in the
Consumer Protection Act 1987 do not allow
the establishment of such a licensing
regime.
8.10 The Explosives Act 1875, which is
primarily the responsibility of the
Health and Safety Executive (HSE),
imposes requirements for the storage
of explosives including fireworks.
Persons wishing to store explosives for
the purpose of supplying them must obtain
a licence either from HSE or (under
delegation) the local authority, or, for
relatively small amounts of explosives,
register their premises with the local
authority. These requirements relate to
the total weight of explosive content to
be stored and do not allow for a
differentiation between (for example)
particular fireworks in terms of their
individual explosive content. It is
therefore open to any retailer or other
supplier to stock and sell all types of
fireworks -from the smallest to the
largest available. The additional powers
provided by this clause would therefore
allow for the introduction of a licensing
system relating to the supply of
fireworks or fireworks of a particular
description. It is recognised that any
regulations made under this clause would
need to be compatible with the
arrangements operated by HSE relating to
the storage of explosives.
Clause 8 - information about fireworks
8.11 This clause provides that
regulations may specify information which
must, or must not, be given in relation
to fireworks or specified fireworks.
Regulations may specify that marks,
warnings or instructions must be put on,
or accompany, fireworks, and may require
the specified information to be given to
designated persons and for those persons
to keep appropriate records. Regulations
may include exceptions or dispensations.
These powers mirror powers in the
Consumer Protection Act 1987, save that
they may be exercised in different
circumstances. Further, the powers in the
1987 Act to require information to be
given to specified persons are rather
more limited and do not enable an
obligation to be placed on such persons
to keep records.
Clause 9 - prohibition of importation
etc of fireworks
8.12 This clause allows for the
introduction by regulations of measures
to require UK manufacturers and importers
to notify information about fireworks to
authorities designated in the regulations.
Regulations made under this clause may,
for example, prohibit importers from
importing fireworks and manufacturers
from completing the manufacture of
fireworks where they have failed to
comply with a requirement to notify
information. Alternatively regulations
may prohibit the placing on the market of
fireworks unless information about
fireworks has been notified to the
designated authorities. Regulations made
under this clause may define the terms
"completion of manufacture" and
"placing on the market". The
broad intention of the powers in this
clause is to provide advance warning to
enforcement authorities about
consignments of fireworks and to
facilitate the tracing of fireworks.
Regulations made under this clause may
include exceptions or dispensations.
Powers are not available in the Consumer
Protection Act 1987 to address the
concerns in this area.
Clause 10 - training courses
8.13 This clause provides the detailed
powers relating to the setting up or
recognition of training courses.
Fireworks regulations may provide for
training to be provided by the Secretary
of State or any other body or bodies
established or recognised by the
Secretary of State, but they may also
provide for the granting of licences to
organisations to provide such training (and
for the revocation of licences where
necessary). Regulations made under this
clause may also specify the conditions
which may be attached to such licences.
Provision is also made for the charging
of fees and for appeals against refusal
to grant a licence or vary the conditions
of a licence.
8.14 This clause authorises the Secretary
of State, or bodies established or
recognised by the Secretary of State, to
make provision about a number of matters
in relation to training courses,
including the contents of such courses
and the persons eligible to attend. As
explained in relation to clause 5, this
significantly adds to the powers
available under the 1987 Act. The clause
exists to support the requirements in
clauses 5 and 6.
Clause 11 - offences
8.15 Clause 11(6) incorporates specific
powers in the Consumer Protection Act
1987 into the Bill by reference. This
will enable fireworks regulations to
contain provisions about offences of the
sort described in section 11(3)(c) to (f)
of the 1987 Act. They might, for example,
extend the period for the bringing of
proceedings to twelve months or provide
that the consent of the Secretary of
State or the Director of Public
Prosecutions is required before
proceedings can be brought.
Clause 12 - enforcement
8.16 Clause 12 incorporates specific
regulation-making powers relating to
enforcement from the Consumer Protection
Act 1987.
8.17 Clause 12(1) imposes a statutory
duty on local weights and measures
authorities (in Great Britain) and
district councils (in Northern Ireland)
to enforce fireworks regulations. It
incorporates a power from the 1987 Act to
transfer this duty, wholly or partly, to
any other person with that person's
agreement. It also enables regulations to
relieve an enforcement authority of its
statutory enforcement duty. Such a power
might be exercised where, for example,
the police or fire authorities were
considered to be a more suitable
enforcement authority in respect of
particular provisions of fireworks
regulations than local trading standards
departments. An example might be a
prohibition on the use of fireworks in
specified places.
8.18 Clause 12(2)(a) incorporates
regulation-making powers relating to test
purchases of fireworks by enforcement
authorities. They allow regulations to
specify the persons who are to carry out
tests and the manner in which tests are
to be carried out where an enforcement
authority has made a test purchase of
fireworks.
8.19 Clause 12(2)(b) incorporates
regulation-making powers relating to the
testing of fireworks seized by
enforcement authorities. The powers
mirror those relating to the testing of
purchased fireworks incorporated by
clause 12(2)(a).
8.20 Clause 12(2)(i) incorporates
regulation-making powers from the 1987
Act relating to the provision of
information by persons to enforcement
authorities acting in exercise of their
powers. Regulations may specify the
manner in which such information is to be
given. Powers are incorporated also to
determine who is to be treated as the
person from whom an enforcement authority
purchases or seizes fireworks if, by any
chance, those fireworks are purchased or
seized from a vending machine.
Clause 14 - prohibition of supply etc
of other explosives and definition of
"explosives"
8.21 This clause provides that the
regulation-making powers in clauses 3 and
4(2) also extend to explosives other than
fireworks. The Bill incorporates by
reference the definition of "explosives"
in the Explosives Act 1875 and clause 14
also provides that the Secretary of State
may amend by regulation the definition of
"explosives" for the purposes
of the Bill.
8.22 Power is required to amend the
definition because of current proposals
to repeal the 1875 Act and re-enact its
provisions, in modified form, by
regulations made under the Health and
Safety at Work etc. Act 1974. This is the
responsibility of the Health and Safety
Executive. If the repeal and re-enactment
were to be effected by a single set of
regulations with a single, modified
definition of "explosives",
there would be no difficulty. The new
definition would apply for the purposes
of the Bill by virtue of sections 17(2)(a)
and 23(1) of the Interpretation Act 1978.
However, it is not at present certain
exactly what form the re-enactment will
take, or whether it might in fact
incorporate more than one definition of
"explosives". For that reason,
a power is required to ensure that "explosives"
can be properly defined for the purposes
of the Bill.
8.23 Powers in the Health and Safety at
Work etc. Act 1974 do not enable sections
30 and 31 of the 1875 Act to be repealed
and re-enacted in regulations made under
that Act. Therefore, these sections are
prospectively repealed by the Fireworks
Bill (clause 15, read with clause 18) and
powers are conferred which will enable
them to be re-enacted, with
modifications, by fireworks regulations.
To this end, clause 14 extends the powers
in clauses 3(1) and 4(2) to all types of
explosives. Section 30 of the 1875 Act (read
with section 39) prohibits the hawking,
sale and exposure for sale of explosives
in any highway, street, public
thoroughfare (in Scotland, simply any
"road") or public place. The
powers in clauses 4(2) and 14 will enable
regulations to prohibit the supply (which
includes sale) and exposing for supply of
explosives in places or places of a
description specified in the regulations
(which might include the places currently
described in section 30). Section 31 of
the 1875 Act (again read with section 39)
prohibits the sale of explosives to an
person apparently under the age of 16
years. The powers in clause 3(1) and 14
of the Bill will enable fireworks
regulations to prohibit the supply of
explosives to any person under the age of
16.
Clause 16 - procedure selected for the
exercise of powers
8.24 The power to make fireworks
regulations under the Bill is to be
exercised by negative resolution
procedure. Given that it may be
appropriate to make regulations dealing
with fireworks under both the provisions
of the Bill and those of section 11 of
the Consumer Protection Act 1987 it was
felt to be particularly important to
provide for the same procedure as applies
for regulations made under that section.
8.25 In addition, the Department does not
consider that the regulation-making
powers in the Bill justify affirmative
resolution procedure. They do not, in the
Department's view, involve considerations
of special importance which might render
such procedure appropriate.
Clause 18 - commencement
8.26 Clause 18 provides for the making of
commencement orders by statutory
instrument to bring into force the
provisions of clauses 1 to 16 of the Bill.
No particular time scale is at present
envisaged for the making of commencement
orders.
26 March 1998 8
British Standard BS 7114: part 1:1988
defines "firework" as "A
device containing explosive composition
which, upon functioning, will burn and/or
explode to produce a visual or aural
effect, or a combination of such effects,
intended as a form of entertainment".
SIXTEENTH
REPORT
22 April 1998
By the Select Committee appointed to
report whether the provisions of any bill
inappropriately delegate legislative
power, or whether they subject the
exercise of legislative power to an
inappropriate degree of parliamentary
scrutiny; to report on documents laid
before Parliament under section 3(3) of
the Deregulation and Contracting Out Act
1994 and on draft orders laid under
section 1(4) of that Act; and to perform,
in respect of such documents and orders,
the functions performed in respect of
other instruments by the Joint Committee
on Statutory Instruments.
FIREWORKS BILL
Introduction
1. This Bill makes provision about
fireworks and other explosives. It
confers power on the Secretary of State
to make regulations
(i) for the purpose of securing that
fireworks are used safely and
(ii) to make regulations controlling the
supply, exposure for supply, purchase,
possession and use of other explosives.
It provides for the contravention of a
provision of regulations made under the
Bill to be an offence.
2. The Bill is essentially a framework
for fireworks regulations which will
regulate all aspects of fireworks safety,
in particular the sale and storage of
fireworks and public fireworks displays.
The Department of Trade and Industry's
memorandum states that the main purpose
of the Bill is "to provide the
capability to address, by way of
regulations, a number of firework issues
which cannot be addressed using powers
presently available to government.
The Committee considered whether this was
a "skeleton Bill" which was
little more than a licence to legislate
at a later date. In considering this
question the Committee took into account,
firstly, the fact that legislation in
this field has traditionally proceeded by
regulation-making powers, and secondly,
the fact that clause 2 of the bill
provides that permanent regulations (regulations
which remain in force until revoked) can
only be made following a public
consultation.
3. The Committee was nonetheless so
concerned about the potential width of
the powers in the Bill that it invited
officials from the Department of Trade
and Industry to give oral evidence on it.
This evidence was heard in the presence
of Lord Monkswell, who is the sponsor of
this Private Member's Bill in the House
of Lords. During the course of this clear
and helpful evidence officials gave
repeated assurances that it was the
Government's intention that although the
powers in the Bill were wide, they would
be used narrowly. They also stated
that a ministerial undertaking might be
given that a full regulatory appraisal,
including the compliance costs to
industry, would be published before any
permanent regulations were made, in
addition to the public consultation
provided for in the Bill (QQ 11-12). The
Committee believes that such an appraisal
would provide a valuable discipline.
The Bill has the support of the
Government, and it is in this context
that we refer both here and elsewhere in
this report to ministerial undertakings.
4. Officials persuaded the Committee that
the legislation was necessary to widen
the ambit of consumer protection in this
area. As an example, the Government had
recently been unable to make regulations
to restrict the times in which it is
permitted to use fireworks, despite the
obvious considerations of noise and
general nuisance. The existing power to
make regulations (in the Consumer
Protection Act 1987) was essentially
aimed at ensuring that products which
were sold or supplied were safe to use
and did not extend to ensuring that the
products were then actually used safely.
This limited the protection against
fireworks accidents that could be
achieved without the new powers. An
example was outlawing "bangers",
where the product threatened the safety
of children but there was also a case for
action to protect cats and dogs from
injury or distress (see clause 2(2)(b)).
5. During the course of the oral evidence
officials indicated that ministerial
undertakings might be made in response to
each of the Committee's particular
concerns. These concerns are detailed
below. In the light of this and the
considerations outlined in paragraphs 2-4
above, the Committee concluded that the
Bill did not "inappropriately
delegate legislative power".
Use of the negative resolution
procedure
6. Regulations under the Bill are subject
to negative procedure. The memorandum
explains that since it might be
appropriate to make regulations dealing
with fireworks under the provisions of
the Bill and those of section 11 of the
Consumer Protection Act 1987, the
Government considered it particularly
important to provide for the same
procedure as applies for regulations made
under that section. In addition, the
Department considered that the regulation-making
powers in the Bill did not involve
considerations of special importance
which might make the affirmative
resolution procedure appropriate. The
Committee considered whether the negative
procedure provided sufficient
Parliamentary control for a power which
is wide ranging and important to those it
affects. In the light of the specific
suggestions that a number of detailed
ministerial undertakings might be given
during the passage of the Bill, the
Committee concluded that negative
resolution was adequate.
Henry VIII Powers
7. Clause 1(2) allows the Secretary of
State to amend the definition of "fireworks"
in clause 1(1). The memorandum explains
that this power is required for two
reasons. First, there is a need to ensure
that all fireworks, which are diverse in
composition and function, continue to
fall within the scope of the Bill and
that other types of device which the Bill
covers are accurately defined. Second,
account will need to be taken of any
change in the British Standard
definition, "which may not be
entirely satisfactory for the purposes of
legislation".
The fact that the Bill sets no limits
on what might be brought within the
definition and so within the scope of the
Bill caused the Committee particular
concern. This concern was exacerbated by
the fact that regulations under clause 1(2)
would not be subject to the requirement
for consultation under clause 2(3) of the
Bill (Q 27). The Department indicated
that a ministerial undertaking might be
given to indicate the very limited
circumstances in which this power would
be used (QQ 25-26).
8. Clause 14(3) allows the Secretary of
State to amend the definition of "explosives"
in clause 14(2). The definition is needed
because clause 14(1) allows fireworks
regulations under clause 3 (prohibition
of supply to young persons) or 4(2) (close
season for sale or supply of fireworks)
to apply also to explosives.
The Committee's comments on clause 1(2)
above also apply to this
Clause and here too a ministerial
undertaking would meet the Committee's
concerns.
Power to make regulations about
fireworks
9. The power granted by clause 2 of the
Bill to make regulations about fireworks
is another disturbingly wide power. It
includes the power by regulations to
"make any provision ... for the
purpose of securing that fireworks are
used ... so that there is no risk, or
only the minimum risk compatible with
their use, that they will cause ... the
death of any person or injury, alarm,
distress or anxiety to any person".
The Department explained the intention
behind this provision and the difficulty
of writing into the Bill any more precise
limitation on the use of the power.
Again, the Department indicated that
the power would in practice be used in
limited circumstances (Q 29). The
Committee considers that the House may
wish to seek a ministerial undertaking to
reassure the House that this wide power
would, in practice, be used narrowly.
Public fireworks displays
10. Clause 6 provides that regulations
may include provision prohibiting the
operation of public fireworks displays
unless specified conditions have been
complied with or if operators do not
comply with specified conditions. The
conditions relating to displays may
include conditions requiring notice and
information to be given, and fees to be
paid, to persons specified in the
regulations. The conditions relating to
operators may include conditions relating
to satisfactory training in the use of
fireworks. The clause also provides that
regulations may prohibit persons below an
age specified in the regulations
operating, or assisting in the operation
of, public fireworks displays.
11. The Committee was concerned that
this clause might discourage the scout,
PTA and similar fireworks displays which
are a feature of early November.
Officials assured the Committee that this
was not the Government's intention; the
requirement as to training was intended
to apply only when unusually dangerous
fireworks were to be used (Q 33); and
they indicated that a Ministerial
undertaking might be made to this effect,
and to the effect that it was not the
Government's intention that the Bill
should prevent traditional back garden
bonfire night fireworks (Q 40).
Other significant powers
12. Three clauses provide power to charge
fees. Clause 6 regulates public fireworks
displays and subsection (1)(c)
contemplates the organisers having to pay
a fee ("any fee imposed by any local
or other authority in accordance with the
regulations has been paid"). Clause
7 deals with the licensing of supplies
and subsection (2)(d) allows regulations
to provide "for the charging of fees
for the grant or variation of licences".
13. Clause 10(1)(a) provides for training
courses to be run by "licensed
persons". Subsection (3)(c) deals
with fees for the grant or variations of
a licence. The effect of subsection (2)(b)
is that the fee can be fixed by the
Secretary of State or by a body
established or recognised by the
Secretary of State. There is no
requirement that the fee be approved by
the Secretary of State or be subject to a
limit specified in regulations.
In the Committee's view, the fee
should either be approved by the
Secretary of State or be subject to a
limit specified in regulations. During
the course of oral evidence officials
accepted this (QQ 33-34), and the House
may wish to seek ministerial assurances
that the power would be exercised in this
way during the further passage of the
Bill.
14. Clause 10 deals with training courses
in the use of fireworks. Clause 6(2)
allows regulations to prohibit a person
"operating public fireworks displays"
unless he has satisfactorily completed a
course, or courses, of training in the
use of fireworks. Clause 10(4) and (5)(c)
allow "the charging of fees for
attendance at courses". The effect
of clause 10(4)(b) is that the
regulations can allow the Secretary of
State to approve training bodies and
leave it to those bodies to set their own
fees; the approved bodies do not need to
be identified in the regulations and
there is no requirement that the
regulations shall fix the fee, or impose
a maximum or require the fee to be
approved by the Secretary of State.
The concerns which the Committee
expressed about fees in the preceding
paragraph apply equally here and the
House may wish to seek assurances on this
point also.
15. The list of enforcement provisions in
clause 12 applies existing consumer
protection enforcement procedures and
powers to fireworks regulations. Since
Parliament enacted those provisions to
support regulations under section 11 of
the Consumer Protection Act 1987 and
those regulations are subject to negative
procedure, the applications of these
provisions, important though they are, is
not a factor in deciding the appropriate
level of Parliamentary control for
fireworks regulations.
Recommendation
16. The Committee draws the attention of
the House to the more disturbing aspects
of the wide ranging powers conferred by
the Bill and invites the House to
consider whether to seek Ministerial
assurances about these. If Ministerial
undertakings on all these points are not
forthcoming, the House may wish to
consider whether amendment of the Bill is
called for.
1 Paragraph 4.
2 "Emergency" regulations,
which can remain in force for no longer
than 12 months, are not subject to
consultation.
3 For example, in response to Q 24.
4 Paragraphs 8.24 and 8.25.
5 Paragraph 8.1.
6 Cf QQ 38-40.
7 This report is also published on the
Internet at the House of Lords Select
Committees Home Page (http:///www.parliament.uk),
where further information about the work
of the Committee is also available.
2 June 1998
Fireworks
Dr. Iddon: To
ask the President of the Board of Trade
how retailers are to dispose of their
stocks if the Fireworks Bill is enacted.
[43669]
Mr. Nigel Griffiths: The Fireworks
Bill is a Private Member's Bill which, if
enacted, would provide the capability to
deal with issues which cannot be
addressed under the presently available
powers. However, the fact of the Bill
reaching the statute book would not of
itself result in any new controls on
fireworks being introduced. A key element
in the Bill is a provision which would
allow for the introduction of a training
regime for the organisers of firework
displays.
Mrs. Ewing: To ask the President of
the Board of Trade what changes have been
made to import controls on fireworks
since November 1996; and what plans she
has for further changes. [43389]
Mr. Nigel Griffiths: There have been
no changes to import controls on
fireworks since November 1996.
The Fireworks (Safety) Regulations 1997,
which I made in September 1997,
introduced a number of firework safety
measures including banning bangers, flash
bangers, fireworks with erratic flight,
aerial shells, maroons and other large
fireworks from sale to the public. The
Regulations also place limits on the size
of certain fireworks--such as Roman
Candles--which can be sold to the public.
These restrictions apply both to imported
fireworks and to those manufactured in
the United Kingdom.
I am currently discussing with the
firework industry the "traceability"
of imported fireworks to improve the
interception of dangerous ones.
Return to
Parliament in 1998 Part 1
Go to Parliament
in 1998 Part 3
Return to
Parliament Site
Go to Menu Page
|
|
