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The statistics do not
indicate whether the injury was due to a firework
malfunctioning or to misuse.
Mr.
Hancock: To ask the Secretary of State for
Trade and Industry how many accidents involving
fireworks have been recorded in the last 12
months. [99288]
Dr. Howells: Because injuries from fireworks
are concentrated in the period around 5 November,
the statistics of the Home Accident Surveillance
System do not provide a reliable picture of
injury levels. Accordingly, my Department
conducts a census of injuries requiring treatment
at a hospital A & E department in England,
Scotland or Wales during the four week period
covering the run-up to 5 November and a few days
afterwards. The results for the census for the
1999 season are not yet available but I shall
publish them before spring 2000.
Mr. Hancock: To ask the Secretary of State
for Trade and Industry what representations he
has received in the last 12 months on the sale of
fireworks. [99287]
Dr. Howells: I have received a total of 224
representations on fireworks safety matters,
comprised of 104 letters from Parliamentary
colleagues, 13 Parliamentary questions and 107
letters from the public.
Mr. Crausby: To ask the Secretary of State
for Trade and Industry if he will make it his
policy to prevent the display of fireworks for
sale until 27 December. [100608]
Dr. Howells: Following discussions with my
Department, the British Pyrotechnists'
Association has agreed that it will advise
retailers that fireworks should be displayed for
sale only from 27 December. I welcome and support
the agreement because I want to avoid the
possibility of people buying fireworks and
storing them over the Christmas period.
8 December 1999
Fireworks
1
pm
Mr.
Barry Gardiner (Brent, North): Older and
wiser parliamentary heads advise me that the
crafty Member begins his Adjournment debate by
praising the Minister for all that the Department
has achieved. The effect of such a eulogy is
doubly beneficial: it sets the Minister off
feeling well disposed towards that hon. Member
and therefore less likely to savage his arguments
and, more importantly, it makes any self-respecting
Minister self-conscious about repeating what one
has said about her Department's achievements.
Such repetition normally comprises at least one
third of the speech that civil servants have
prepared and so the eulogy liberates a good five
minutes in which the Minister will feel obliged
to answer the Member's questions.
That is the theory; we must see how it works in
practice. I begin with fulsome praise for the
Government's Fireworks (Safety) Regulations 1997,
set out in SI 2294. All fireworks sold to the
general public must comply with the regulations,
which stipulate that all fireworks on sale to the
public must comply with British standard 7114 and
that the minimum age for purchasing fireworks is
18--previously, it was 16. Sixteen-year-olds can
now buy only party poppers, caps and cracker
snaps. Perhaps most significantly, the
regulations have banned the public supply of
aerial shells, aerial maroons, shells-in-mortar,
maroons-in-mortar, bangers, mini-rockets and
fireworks of erratic flight, such as helicopters,
squibs and jumping jacks. In addition, some large
and powerful fireworks have been banned from sale
except to exempted professional pyrotechnic
display organisers.
The regulations were passed speedily by the new
Labour Government and are most welcome additional
controls on what was becoming a fireworks free-for-all.
I have only praise for the Minister and her
Department in that respect and I do not doubt
that, in her speech, she will tell us that,
following the introduction of the regulations,
the number of serious injuries requiring
treatment at hospital casualty departments fell
from 1,233 in 1996 to just 908 in 1997--a drop of
more than 26 per cent.--with a further drop of 10
per cent. in the following year. Or rather, I do
not doubt that she would have told us that had I
not already done so.
I suggest a more helpful line for the Minister to
take. Instead of repeating the list of
regulations, she could tell us about their
enforcement, an obligation placed on local
authority trading standards officers. Suppliers
who breach the regulations can be prosecuted in a
magistrates court and fined up to £5,000,
imprisoned for up to six months, or both fined
and imprisoned. Will the Minister advise us not
of the regulations but of how well and how
thoroughly they are being enforced? Will she tell
us how many prosecutions have been initiated
against suppliers of fireworks in each of the
past three years? How many of those prosecutions
have led to a conviction and how many convictions
have led to the imposition of either the maximum
fine or a custodial sentence?
When I requested such information from my local
trading standards office--the office for Brent
and Harrow--I discovered that in 1998-99, in an
area with a population of more than 500,000,
there were only eight prosecutions, all for sales
to minors. The largest fine was for £500, there
were two fines for just £100, and there was one
conditional discharge. During the previous year,
there were only three prosecutions. Hon. Members
should remember that the figures were for an area
of 500,000 people. Of the three prosecutions, two
were for sales to minors with fines of £250 and
one for selling on the streets with a fine of £300.
The local trading standards officer was keen to
note that shops needed no licence--they simply
had to pay £11.70 to register as vendors of
fireworks. He said that that fee did not even
cover the administration cost and that, what is
worse, there was no power to refuse or to evoke
someone's registration. Overall, he continued,
the office's role was reactive rather than
proactive because it was understaffed.
The simple point is that the best regulations in
the world are only as good as the enforcement
officers. Enforcement is at best patchy, and at
worst inadequate, to put it politely. The supply
of fireworks is a commercial enterprise in which
the rewards are so great that the risk of a £5,000
fine may be deemed an acceptable business cost.
Does the Minister consider present levels of
enforcement to be acceptable? If not, what will
her Department do about them?
Enforcement problems are compounded because the
United Kingdom has no register of firework
delivery. Unlike many of our European
counterparts, the United Kingdom allows hundreds
of tonnes of explosives to be delivered to a shop
or warehouse with no obligation to notify the
local authority or even the fire brigade. How are
local trading standards officers supposed to do
their job--to check compliance with British
standard 7114 and to check that no prohibited
fireworks are being sold--when they do not even
know where the fireworks are?
At a fireworks industry conference in September,
one trading standards officer from Essex reported
that four tonnes of fireworks had been delivered
to a private householder. When contacted, the
firework company that had made the delivery
retorted that, as far as they were concerned, the
purchaser could have had 20 tonnes had he so
wanted. Sadly, the law would allow that. Private
individuals may take delivery of vast quantities
of explosives and store them for up to 14 days,
without having to notify a competent authority
and without an official record being required.
Does the Minister not consider protection of the
public to require the establishment of a
fireworks register? Trading standards officers
and fire brigades throughout the country could
then track the whereabouts of large volumes of
fireworks in the community.
I return to the case of the Essex householder.
What qualifications did he have to prove and what
training did he have to show to persuade the
firework company that he was competent to handle
safely four tonnes of fireworks? The answer is
none. Were the Minister to find herself living
next door to such a gentleman, would she not
expect him to have had training and some
qualification before he was given custody of four
tonnes of explosives?
I pay tribute to the work of my hon. Friends the
Members for Plymouth, Sutton (Mrs. Gilroy), for
Motherwell and Wishaw (Mr. Roy) and for Lincoln (Gillian
Merron), who have actively campaigned on the
issue. The private Member's Bill of my hon.
Friend the Member for Sutton proposed such a
national training scheme for those operating
fireworks displays. Sadly and disgracefully, her
Bill was talked out by two Conservative Members,
despite receiving all-party support and
Government assistance. Given that the Government
supported such a scheme under that Bill, why do
they not implement one? Will the Minister
consider establishing powers whereby local
authorities could regulate public fireworks
displays to ensure safety?
I turn now to the most pressing and depressing
part of the matter. I am not the only
constituency MP to receive an annual flood of
complaints from residents about disturbance from
fireworks. My local authority, Brent council,
informs me that its environment department
received more than 400 complaints last year.
Constituents cannot understand why the law does
not empower someone--they do not care whether
that is the council or the police--to stop the
constant nightly bombardment that they experience.
One of my constituents described the situation in
this way:
"Dear
Mr. Gardiner, as I write this letter at 11 pm, it
sounds like World War III has been going on
outside since 5.30 pm and that it will go on to
midnight.
It started last Thursday 15 October and how long
it goes on for I don't know. My neighbour tells
me all through November." The lady continues:
"Neither I nor my four cats have ever
experienced anything like this. I had a severe
migraine over the weekend and my cats are
terrified and distressed."
This
year, I lodged an appeal in my local newspaper,
the Wembley Observer urging residents to
be more considerate of their neighbours and to
finish their firework parties by 11 pm, to give
some respite to the elderly, to babies, to pets
and to ordinary people who just want to go to
sleep in their own homes so that they can get up
for their job of work the next morning without
feeling that they have spent the night as film
extras in the movie "Saving Private Ryan".
I believe that my appeal had some success, but
unfortunately the bombardments continued.
I am aware that the regulation-making powers
under the Consumer Protection Act 1987 do not
allow the Minister to restrict the periods during
which fireworks can be legally sold or let off,
but that is precisely why further legislation is
needed. The public simply do not accept that
legislation can go into immense detail about
noisy machinery, amplified music and even, under
the Noise and Statutory Nuisance Act 1993,
specify that a car with a faulty vehicle alarm
can be towed away and impounded, yet nothing can
be done to relieve the nightly misery for
thousands of residents throughout the country
from firework parties that produce enormous
noise, cause huge distress and disrupt people's
lives.
The Minister will, no doubt, have been advised
that noise from fireworks could be deemed a
statutory nuisance under part III of the
Environmental Protection Act 1990. Sadly, the
reality is as described to me by my local
director of environmental health. I quote from
his letter:
"While
the Environmental Protection Act 1990 is
particularly effective at dealing with noise from
loud amplified music, noisy machinery or plant
and intruder alarms, it is not effective or
appropriate to deal with noise from fireworks."
In those remarks, the director of environmental
health was supported by the Metropolitan police
service, which wrote to me as follows:
"Thank you for your letter dated 20 October
in which you bring to my attention the
inconvenience caused to your constituents by
noisy fireworks. Unfortunately, police have very
limited powers to deal with such incidents,
especially when they occur on private premises.
The local authority Noise Abatement Section of
the Environmental Health Department also has very
specific and limited powers which do not enable
them to deal effectively with these problems."
I urge the Minister to put in place an effective
means of dealing with these problems.
This
year, the fireworks industry has rejected the
Department of Trade and Industry's call for a ban
on firework sales until three days before the new
year celebrations for the millennium. What that
means is that in 23 days' time one family in this
country will face the next millennium with a
family member, possibly a child, having been
injured, maimed or perhaps killed by the use of
an unsafe firework, or by the use of fireworks at
a display that was unsafely operated. The
Department of Trade and Industry calculates that
the cost of each injury to the national health
service is £6,000, but the cost to the family
involved will be considerably more.
1.14
pm
The
Minister for Small Business and E-Commerce (Ms
Patricia Hewitt) : I congratulate my hon.
Friend the Member for Brent, North (Mr. Gardiner)
on his success in securing the debate on an
important subject that is of concern to many
members of the public, especially parents, at
this time of the year. I am grateful to my hon.
Friend for the courtesies with which he began his
speech and for his praise for the officials in my
Department who are responsible for considerably
strengthening the regulations on the subject. My
hon. Friend successfully did as he intended and
pre-empted many of my briefing notes, prepared by
the same helpful officials for the debate. I
congratulate him on his research before opening
the debate.
I reinforce the point that my hon. Friend
acknowledged that we have taken steps to
strengthen the regulation of fireworks. There is
no doubt that the new regulations that we
introduced in 1997, which came into effect on 1
January 1998, have significantly reduced the
number of firework injuries--certainly those that
were treated in hospital accident and emergency
departments. We can measure that by the reports
from hospitals in the four-week period around the
5 November firework season last year. We do not
yet have the figures for this year's season. They
will be available early next year and will be
published in the usual way at the time. I hope
that the figures for this year will continue to
show a fall in the number of accidents resulting
from inappropriate or dangerous use of fireworks.
It is important, too, to remember that every
year, millions of people safely buy and enjoy
fireworks for their own entertainment in their
back gardens and those of their friends, or as
part of public displays. I am glad that several
authorities, including my local authority,
Leicester city council, have put on highly
successful public displays of fireworks, to
encourage more families and members of the public
to enjoy firework displays without running the
risks often associated with the private use of
fireworks in people's back gardens. However, I do
not think that the Government should prevent the
safe and thoroughly enjoyable use of fireworks in
people's private property and at public displays.
The difficulties, which my hon. Friend the Member
for Brent, North described extremely vividly,
arise from people who are either careless or
positively dangerous in misusing fireworks
intended for their own enjoyment, which
tragically injure, maim or occasionally kill one
of their own family members.
The other problems to which my hon. Friend
referred, and from which his constituent suffered
so seriously, arise from thoughtless youngsters,
hooligans and vandals using fireworks of various
kinds to make other people's lives a misery. That
is a real problem, but it is only a small part of
the overall picture of the use of fireworks.
There are people--my hon. Friend made it clear
that he was not one of them--who are really
calling on us to ban the sale and purchase of
fireworks for private use. I do not believe that
that is a sensible way forward, and I am glad
that my hon. Friend shares that opinion. As he
said, my Department undertook a review of
firework sales in 1996 and rejected the option of
a total ban, not least because of fears that a
total ban on the sale of fireworks for private
use might lead to the development of a black
market for fireworks and also to the possibility
of people obtaining the ingredients and making
their own devices. Neither of those situations
would improve public safety; indeed, both would
severely jeopardise it and would not be
acceptable.
We decided instead to act in the way that my hon.
Friend accurately described through the
introduction and implementation of the Fireworks
(Safety) Regulations in 1997. My hon. Friend
referred to the registration of shops selling
fireworks. The Health and Safety Executive is
reviewing the Explosives Act 1875, which dates
back more than 100 years, to see whether we need
to strengthen the powers to refuse or to revoke
registration to a retailer selling fireworks.
An important issue arises there. A voluntary code
of practice with the fireworks industry deals
with the period during which fireworks may be
sold. Under the code, the fireworks industry has
agreed that they should be sold only for three
weeks before 5 November and for a couple of days
thereafter. The industry reinforces that message
to retailers at the beginning of every season. As
my hon. Friend said, the agreement this year,
with the millennium weekend coming up, was that
fireworks would be displayed for sale only from
27 December. Like my hon. Friend, I am
disappointed that some newsagents and other shops
have continued to sell fireworks right through
since the 5 November season in anticipation of
the millennium weekend. Looking ahead to that
weekend, preliminary indications that I have had
are that, compared with the normal pre-new year
period, sales are less than 20 per cent. higher
than usual for the time of year. Most additional
sales are accounted for by high-value firework
purchases, obviously made by people who plan
large public displays. These are in a different
category from private purchasers.
The Government do not have powers under the
Consumer Protection Act 1987 to control anything
other than the intrinsic safety of the goods
themselves and we use those powers. The period of
sale of fireworks is an issue for the voluntary
code of practice. We have discussed this problem
with the British Pyrotechnics Association. I hope
that it will take further action with its members
to try to reduce the number of retail outlets
that defy the code by trying to sell fireworks in
the weeks before Christmas and before 27 December
when, under the code, firework sales would be
expected to begin again.
My hon. Friend also raised the controls on the
storage of fireworks by private individuals.
This, too, is a matter for the Health and Safety
Executive under the Control of Explosives
Regulations 1991. The regulations allow up to 5
kg of fireworks for private use to be kept on
individual premises. The case that my hon. Friend
mentioned clearly falls well outside the scope of
the regulations. If he will let me have further
details of the report that he has procured, I
shall be happy to ensure that the matter is
properly investigated.
The regulations also permit unlimited quantities
of fireworks to be stored for up to 14 days. This
may be the source of the problem to which my hon.
Friend referred, although the regulations
stipulate that fireworks must be kept in a safe
and suitable place and all due precautions taken
for public safety. A back garden shed or garage
may not fit the regulation's requirements.
As I said, the Health and Safety Executive is
reviewing existing explosives legislation and the
review may result in changes to existing
conditions for the keeping of fireworks for
private use. I shall ensure that my hon. Friend
is kept up to date as the review progresses.
My hon. Friend quoted from a letter from a
constituent who had suffered badly around 5
November. All hon. Members know that trouble with
noisy neighbours and local vandals--and worse,
positively criminal neighbours--is one of the
most intractable problems that we face in our
advice surgeries. There will always be limits to
the powers of the police and local authorities
and to their resources for dealing with the
problem.
The Fireworks Bill--a private Member's Bill
promoted by my hon. Friend the Member for
Plymouth, Sutton (Mrs. Gilroy)--would have
introduced many sensible additions to the
regulatory package now in place for the control
of fireworks. The Government supported her Bill,
and I greatly regret that two Conservative
Members chose to talk it out. It would have given
the necessary powers to provide for mandatory
training of people who operate large public
displays. It would have dealt with the times
during which fireworks could be sold--now purely
a matter for the industry's voluntary code of
practice--and provided powers to limit the
letting off of fireworks except at specified
times. These problems cannot be tackled under the
current powers available to us, be they in the
Fireworks Bill or the Consumer Protection Act
1987. It is a pity that that private Member's
Bill failed. I hope that in a future private
Members' ballot, any hon. Member who has an
interest in this issue will succeed in reviving
the Bill.
As my hon. Friend knows, the pressures on
legislative time are enormous. When I became a
Minister last year, I assumed that the biggest
difficulty that the Government would face would
be finding sufficient money to do all the things
that we need to do. That is always a challenge,
although one that is brilliantly discharged by my
right hon. Friend the Chancellor. The big
difficulty is finding time. I am afraid that I
cannot give my hon. Friend the Member for Brent,
North the comfort that he seeks. There is no
immediate or medium-term prospect of the
Government introducing fireworks legislation. The
legislative priorities to fulfil our manifesto
commitments are such that, as he is aware, Bills
with an even higher priority than one on this
subject are already fighting for parliamentary
time.
None the less, possibilities are available under
secondary legislation. I have already mentioned
the review being undertaken by the Health and
Safety Executive. I can also reassure my hon.
Friend that officials from various Departments
and agencies work closely on this subject. My
Department, the Health and Safety Executive, the
Home Office and the Department for the
Environment, Transport and the Regions work
closely together, as we did when drawing up the
1987 regulations and will do again when we
consider the recommendations that follow the
Health and Safety Executive's review.
Finally, my hon. Friend the Member for Brent,
North questioned whether trading standards
officers and the police were successful in
enforcing the current regulations and statutory
provisions, and suggested, no doubt on the basis
of his constituency experience, that perhaps they
were not. I do not have to hand figures for
prosecutions and convictions, but I shall try to
obtain those from the co-ordinating body for
trading standards officers and send it to my hon.
Friend. However, it must be a matter for local
authorities, within their resources, which we are
increasing every year, to determine local
priorities. There are a large number of
regulations--many people would say too many--and
we have constantly to review regulatory burdens.
With many regulations we look to trading
standards officers for effective enforcement.
Local authorities must decide on the most
effective use of resources and determine
priorities.
I can reassure my hon. Friend that we shall work
closely with the industry and with local
authorities to reinforce the message about safe
use and enjoyment of fireworks. For the
millennium weekend, we shall carry forward the
"alcohol and fireworks do not mix"
message that we successfully introduced for this
year's 5 November weekend. I end by
congratulating my hon. Friend on securing this
important debate and on participating in the
steps that we are taking to ensure that fireworks
are enjoyed safely.
9 December 1999
Oral Questions to the Secretary of State for the
Home Department
*13
Mr Frank Roy (Motherwell and Wishaw): What
recent discussion he has had with fireworks
manufacturers in relation to the sale of
fireworks in the period up to 31st December
Fireworks
13. Mr. Frank Roy (Motherwell
and Wishaw): What recent discussion he has
had with fireworks manufacturers in relation to
the sale of fireworks in the period up to 31
December. [100538]
The Minister for Trade (Mr. Richard Caborn): Following
discussions with my Department, the British
Pyrotechnists Association agreed that it will
advise retailers that fireworks should be
displayed for sale only from 27 December. My hon.
Friend has taken that on board and done a
sterling job in his constituency. Many of his
retailers did not know about the agreement. He
brought 37 of them together and they have agreed
to come on board and abide by the voluntary code.
The House should applaud the work that he has
done in his constituency.
Mr. Roy: I thank my right hon. Friend for his
welcome words. Those retailers took on board what
I had said in my letter and showed their social
responsibility to the people of Motherwell and
Wishaw, who have suffered from the misuse of
fireworks. None of them knew about an agreement
between the British Pyrotechnists Association and
the Department of Trade and Industry. Will my
right hon. Friend ensure that retailers who have
already bought their stock of fireworks know
about any future agreements?
Mr. Caborn: In the light of my hon. Friend's
question and a debate that my hon. Friend the
Minister for Small Business and E-Commerce
responded to yesterday, I have been discussing
the issue with departmental officials this
morning. I intend to write this afternoon to the
local authorities' co-ordinating bodies for
trading standards, asking them to inform the
Department of any breaches that they have had to
deal with recently. I shall pass that on to the
British Pyrotechnists Association to ensure that
it is able to enforce its voluntary code with the
retailers. I hope that there will be action today.
.
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