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Fireworks
Richard Burden: To ask the
Secretary of State for Transport, Local
Government and the Regions what action is being
taken by (a) the Health and Safety
Executive and (b) other parts of his
Department to ensure that bulk fireworks entering
the UK are taken to licensed storage facilities;
and what checks are made at the port of entry. [9788]
Dr. Whitehead [holding answer 24
October 2001]: Neither DTLR nor HSE carries
out routine checks at the port of entry on bulk
fireworks entering Great Britain or on their
destination. Any such arrangements would be a
disproportionate burden on industry and would not
be an effective use of enforcement resources.
Richard Burden: To ask the Secretary of
State for Transport, Local Government and the
Regions what representations he has received from
the firework industry on the control and
monitoring of bulk supplies of fireworks entering
the UK, with particular reference to checks at
ports of entry. [9789]
Dr. Whitehead [holding answer 24 October
2001]: We have received no representations
from the fireworks industry on the control and
monitoring of bulk supplies of fireworks entering
the UK. HM Customs and Excise undertakes
intelligence led risk-based checks at ports of
entry and where it has concerns it would notify
HSE and/or the relevant local authority for the
fireworks' destination.
Richard Burden: To ask the Secretary of State
for Transport, Local Government and the Regions
what representations he has received from (a)
the firework industry and (b) local
authorities regarding reports of illegal storage
of fireworks in (i) the west Midlands, (ii)
Lancashire and (iii) Leicestershire; and what
action he has taken in response to those
representations. [9787]
Dr. Whitehead [holding answer 24 October
2001]: We have received no representations
from the fireworks industry or from local
authorities on reports of illegal storage of
fireworks in the west Midlands, Lancashire and
Leicestershire. However, I understand local
authorities in Lancashire and Leicestershire have
contacted HSE for advice about illegal storage of
fireworks. I understand that enforcement action
has been taken by local authorities.
26 October 2001
Sporting Events (Fireworks)
Mr. Grieve: To ask
the Secretary of State for the Home Department if
he will introduce legislation to make it a
criminal offence for members of the crowd at
sporting events to set off fireworks; and if he
will make a statement. [9481]
Mr. Denham: The police already possess
extensive powers for tackling the setting off of
fireworks at sporting events, including powers
under the Public Order Act 1986. This matter was
examined as part of a recent review of cricket
disorder when it was decided not to extend
football-related legislation to other sporting
events, none of which have comparable disorder
problems.
Fireworks
Richard Burden: To
ask the Secretary of State for Trade and Industry
what representations she has received from the
firework industry regarding illegal storage of
fireworks in (a) the west midlands, (b)
Lancashire and (c) Leicestershire; and
what action she has taken in response to those
reports. [9793]
Miss Melanie Johnson [holding answer 24
October 2001]: The Department has received no
representations from the fireworks industry
regarding illegal storage of fireworks in the
west midlands, Lancashire and Leicestershire.
Richard Burden: To ask the Secretary of State
for Trade and Industry what checks are undertaken
(a) at ports of entry to ensure that bulk
supplies of fireworks entering the UK are
destined for licensed storage facilities and (b)
to ensure that such supplies reach those
facilities. [9790]
Miss Melanie Johnson [holding answer 24
October 2001]: HM Customs and Excise is
responsible for undertaking intelligence-led,
risk-based checks at ports of entry. Where it has
concerns about fireworks reaching licensed
storage facilities, it notifies the Health and
Safety Executive and/or the relevant local
authority.
Richard Burden: To ask the Secretary of State
for Trade and Industry what representations she
has received from (a) the firework
industry and (b) local authorities on (i)
the 14-day rule allowing storage of fireworks for
private use and (ii) the enforcement of fireworks
safety and storage regulations. [9792]
Miss Melanie Johnson [holding answer 24
October 2001]: The Department has received no
representations on the 14-day rule nor the
enforcement of fireworks safety and storage
regulations.
30 October 2001
Fireworks
Richard Burden: To
ask the Secretary of State for Trade and Industry
what representations she has received from (a)
the firework industry and (b) local
authorities regarding fireworks being stored in
unlicensed premises and sold illegally door to
door. [9791]
Miss Melanie Johnson [holding answer 24
October 2001]: The Department has received
representations from the British Pyrotechnists
Association regarding fireworks being stored in
unlicensed premises, but no representations from
local authorities. No representations have been
received regarding door to door sales.
PETITION
Fireworks
10.13 pm
Mr. Bob Laxton (Derby, North): I wish to
present a petition sent to me by one of my
constituents, Sue Williams, on behalf of AFFA--All
Fireworks Frighten Animals. It is from the
residents of Derby, Harrow, Wembley and other
places and declares that
"animals face unnecessary terror for weeks
surrounding 5 November due to the indiscriminate
use of fireworks.
The Petitioners therefore request that the House
of Commons pass legislation to place further
restricts on the sale of fireworks to the general
public.
And the petitioners remain, etc."
To lie upon the Table.
Fireworks
12.30 pm
Joan Ryan (Enfield, North): I am pleased to
have secured this debate at such an appropriate
time, as there is somewhat less than a week to go
until 5 November and bonfire night. It is
particularly appropriate to debate such a topic
in this place. I enjoy firework displays. I have
always taken my kids to see them and they have
enjoyed them. It is right that we commemorate a
momentous occasion in British history. However,
some serious issues must be tackled.
The sale of fireworks through retail outlets
should be prohibited. I would like the Minister
to comment on that. I hold that view for three
key reasons. The first is the level of injury to
individuals, in particular young people. In the
most extreme cases, fireworks cause fatalities--two
were recorded last year. My second key reason is
the incidence of criminal damage. For example, I
have had conversations in the past couple of
years with British Telecom, which recorded 5,000
incidents of firework-related vandalism involving
public payphones last year. The criminal damage
costs so far this year are running at about £1.2
million and the burden of those costs is
ultimately born by the taxpayer and the consumer.
My third reason for seeking a prohibition on the
retail sale of fireworks is that they make people
afraid. Fear is a less tangible phenomenon than
the other two that I have listed, but it is none
the less profound. Fear, anxiety and distress
particularly affect some of the more vulnerable
members of our society. I receive letters every
year from elderly people and their relatives,
telling me that those people are very nervous
about going out of doors when darkness falls.
Some of them are frightened to go out at all at
this time of year. I also receive similar letters
from other groups, but I use elderly people as an
example.
Tom Brake (Carshalton and Wallington): Like
the hon. Lady, I have received many letters on
the subject, including a petition bearing many
names. If the sale of fireworks from retail
premises is not banned, would she agree that
perhaps there should be some control over the
time of year during which fireworks are used?
Nowadays, it seems as though they are used
throughout the year.
Joan Ryan : I agree. When I was thinking
about this debate, I considered saying that
firework accidents and attacks are now considered
an inevitable, seasonal event, but in fact that
is no longer the case. Fireworks are let off at
new year and for other festivals, so it is not
feasible to rely on the provision in the
voluntary code for a three-week sales period
before bonfire night. There are other festivals
at other times of the year, so relying on that
provision would not be fair and would not tackle
the problem of the level of injuries and criminal
damage. That is why I want a ban.
I have outlined three key reasons why a ban
should be imposed. With respect to fear, many hon.
Members, including myself, receive letters from
people concerned about the distress and fear
caused to their pets and animals by the--generally
illegal--letting off of fireworks in the street.
David Cairns (Greenock and Inverclyde): My
hon. Friend is right to focus on the number of
accidents and on the distress that animals can be
caused. Is she aware of the increase in the use
of fireworks as weapons? In two incidents in my
constituency at the weekend, a cat and a dog were
severely injured by gangs of thugs who were using
fireworks as weapons, firing them at the animals.
Joan Ryan : My hon. Friend makes his point
well. It adds further weight to my argument that
we should consider the prohibition of sales
through retail outlets, rather than regulation.
That way forward has not proved effective.
The misuse and abuse of fireworks and the
injuries caused by them continue, despite the
well-intentioned Fireworks (Safety) Regulations
1997. Those most notably banned the sale to and
use by the general public of aerial shells and
similar devices. The statistics unfortunately and
overwhelmingly demonstrate the impotence of the
regulations in securing greater public safety
throughout the firework season. The number of
injuries from fireworks was higher in 1999 and
2000 than in 1998, which illustrates that the 8
per cent. reduction in casualties from 1997 to
1998 was merely arbitrary and owed nothing to the
implementation of the regulations. The present
legislation makes it extremely difficult for
trading standards officers and the police to deal
effectively with the sale and misuse of fireworks.
Statistics demonstrate that tightening laws and
increasing penalties for those guilty of the
criminal use of fireworks will not be enough to
curtail firework injuries.
For the past five years, the illegal use of
fireworks has consistently been the second
largest cause of firework-related injuries, but
the primary cause has been family and private
parties. Deliberate misuse is therefore not the
only culprit; we must also consider the genuine
use of fireworks as instruments of celebration.
The evidence demonstrates that merely trying to
eradicate the misuse of fireworks will not combat
the high rate of firework-related injuries. It is
therefore necessary to conclude that the thorough
prohibition of the sale of fireworks to the
general public is the only means by which
firework-related injuries, accidents and damage
can satisfactorily be tackled.
Those with vested interests, such as commercial
manufacturers whose profits and employees would
be affected, would obviously object to such a
measure. Their economic gains are economic losses
for others, such as the health service and
ultimately, therefore, the taxpayer who must pick
up the tab for firework-related injuries. Others
who might face losses include individuals and
private sector companies whose property incurs
severe criminal damage.
Mr. Mark Lazarowicz (Edinburgh, North and Leith):
My hon. Friend will be aware that there was a
serious incident in my constituency last week--a
fire in premises where fireworks were being
stored for the retail trade. Does she agree that
attention needs to be paid to not only the
immediate point of sale, but the whole chain of
sale? Does she agree that such incidents require
the Government and industry to reconsider their
approach to the voluntary code of practice to
prevent incidents at any point in the sale chain?
Joan Ryan : I agree with my hon. Friend. As I
said, and my hon. Friend confirmed, regulation
simply has not proved effective. There is a
fundamental assumption in any social democracy
that commercial viability cannot go unchecked,
but must be balanced against the wider principles
of public welfare and safety. Although commercial
vested interests would argue against prohibition,
the weight of the argument is in favour of it and
of protecting the public.
In response to a parliamentary question about
firework-related injuries from my hon. Friend the
Member for Plymouth, Sutton (Linda Gilroy) in
July, the Secretary of State for Trade and
Industry stated:
"We will further target this age group as
part of the 2001 firework safety campaign."--[Official
Report, 20 July 2001; Vol. 371, c. 606W.]
Indeed, that was so, and we should give credit
for that campaign. It has been appropriately
targeted, with a higher profile than any campaign
that I have been aware of for many years.
However, therein lies our problem. Legislation
requires that consumers of fireworks be aged 18.
Statistics show, however, that the greatest
percentage of fireworks injuries--despite the
1997 regulations, which raised from 16 to 18 the
age at which one could buy fireworks--are to
those aged 15 and under. Those account for 40 to
50 per cent. of all fireworks injuries in the
past five years.
The evidence clearly shows the effectiveness of
the legislation. The Secretary of State's answer
in July and the targeting of the safety campaign
in the media are explicit acknowledgement that
the under-15 group is at high risk of fireworks
injuries. Simultaneously there is an implicit
acknowledgement that current statute, namely the
increase in the 1997 regulations of the age for
purchasing fireworks from 16 to 18, does not
prevent access to fireworks for people under the
age limit.
Even aside from the problem that all age
certification entails--that of unscrupulous
retailers who sell merchandise to those who are
under age--firework safety cannot be guaranteed
by ensuring that statutes are more vigorously
enforced. Age alone does not qualify someone in
the responsible and competent handing of what
are, essentially, explosives. We could use the
analogy of driving licences. Someone who reaches
the age at which it is possible legally to hold a
driving licence cannot then just get in a car and
drive down the road. They must take lessons and
pass a test. However, on reaching 18 someone can
buy fireworks whether competent to handle them or
not. We should bear in mind that fireworks are
explosives.
Mr. David Crausby (Bolton, North-East): I
have a 78-year-old constituent who was constantly
bombarded, until she was forced to ask the
council to move her. Youths as young as 12 have
been involved. Should not such cases persuade us
that the voluntary code is not working and that
fireworks are available to anyone who wants to
purchase them?
Joan Ryan : I agree with my hon. Friend. I am
sure that most hon. Members could give instances
of their constituents being subjected to
intolerable fear and persecution because of the
illegal use of fireworks by youngsters.
Mr. Bob Laxton (Derby, North): The problem is
getting worse. I shall tonight present to the
House a petition with about 28,000 names, from an
organisation that is concerned about, for
example, the impact on pets. I have tapes from
individuals who need guide dogs. Fireworks can
send the animals into complete panic, which
restricts the ability of the people concerned to
get out and about and lead normal lives at this
time. The difficulty is not even restricted to
this period of the year; it happens at other
times, such as the millennium and Christmas, and
at private parties. I believe that it is getting
worse.
Joan Ryan : I am sure that some people would
respond to a call for prohibition by claiming
that there was a civil liberties issue to be
considered. However, balance is necessary. One
person's freedom is, after all, another person's
prison. Human rights legislation also states that
people have the right to quiet enjoyment of their
property. Many people feel that that right has
not been afforded to them. It is an issue of
safety and balance, and safety must be paramount.
Legislation, despite its theoretical accuracy, is
only as good as its implementation. Some would
argue that legislation already exists that makes
the misuse of fireworks an offence, which is
correct. In reality, however, fireworks cause
distress, anxiety and injury to an intolerable
number of people as well as considerable criminal
damage during every firework season and, more
than ever before, throughout the year. We must
emphasise that injury is not caused simply
through the misuse of fireworks. Both the legal
and illegal use of fireworks cause major
problems, and that is why a prohibition is
necessary.
I quote two examples that have already been
quoted in the House and which show how legal and
illegal use can cause loss of life. Dale
Mitchell, a 10-year-old, died in 1996 after a lit
firework was pushed through the letterbox of his
family home. That is an example of the illegal
use of fireworks. In the case of David
Hattersley, however, fireworks were being used
with the best of intentions. He was headmaster of
Hazlemere primary school, and lost his life in
November 1996, when he stumbled forward as he
supervised the school's annual firework display.
Last year, 972 people were admitted to hospital
as a result of firework injuries, but the actual
number of injuries may have be significantly
higher. Numerous statistics show the need for
reform of the firework legislation. I hope that
I, and my hon. Friends who have intervened, have
made a case for it. The Government believe that
it is required because in 1997 they supported a
private Member's Bill introduced by my hon.
Friend the Member for Plymouth, Sutton, which was
unfortunately talked out in 1998. They supported
key measures in that Bill to deal with the
licensing, training and qualification of those
organising public and private firework displays.
That is the way forward, along with a prohibition
on the sale of fireworks. With those measures, we
may all enjoy fireworks safely.
The British Retail Consortium will put to the
Home Office later today its ideas for a national
scheme to allow retailers to identify genuine
proof-of-age cards. That may not solve the
problem, but it might be a step in the right
direction if we cannot achieve a complete
prohibition.
The Parliamentary Under-Secretary of State for
Trade and Industry (Miss Melanie Johnson) : I
congratulate my hon. Friend the Member for
Enfield, North (Joan Ryan) on securing this
debate, which is clearly topical. I am delighted
to say a few words on the issue, as I know from
my postbag that many people have concerns about
it, which my hon. Friend and other hon. Members
have raised effectively.
The sale of fireworks, although it is important,
forms only a part of the overall firework scene.
I stress the fact that fireworks are well
regulated in many regards in the United Kingdom.
The Firework (Safety) Regulations 1997 were made
under the Consumer Protection Act 1987 and played
a significant role in reducing the number of
firework injuries treated in accident and
emergency departments around the firework season
of 5 November. Through regulations, we have
restricted the general retail of certain types of
potentially dangerous fireworks to those who are
qualified professionals. We have the regulatory
powers to deal with the antisocial practice of
letting off fireworks in the street, and other
such practices--but that is a question not only
of regulation but of enforcement.
Millions of fireworks are sold and millions used
safely each year in people's back gardens,
providing a popular form of family entertainment.
Many others enjoy public displays, and I hope
that people will continue to enjoy fireworks in
such ways. The vast majority of accidents
involving fireworks are caused by misuse--partly
by people not following the fireworks code and
partly by the action of irresponsible individuals
and hooligans. My hon. Friend referred to the
British Retail Consortium's possible proof-of-age
cards. The statistics show that a large number of
those injured are quite young and many are under
the legal age for being able to acquire fireworks.
My hon. Friend made several important points
about the sale of fireworks through retail
outlets. Under the 1997 regulations and the other
legislation that impinges on the retailing of
fireworks, all fireworks have to comply with
British standard 7114, which governs their
construction, labelling, testing and so on. Any
products on sale that do not comply with that
standard can be removed by trading standards
officers. No fireworks may be sold to anyone
under 18 years of age. That rule is also enforced
by the trading standards department. Those who
break the rules are subject to prosecution. We
must examine how effectively that enforcement is
being carried out and in what ways people aged
under 18 are acquiring fireworks, as many are.
The legislation that controls the storage of
fireworks is the responsibility of the Health and
Safety Executive, but the Act requires shops that
keep fireworks to be registered with the local
authority, thereby informing it of the premises
where fireworks are kept and enabling them to
undertake inspections to ensure compliance with
the law. Considerable effort has been made under
the present regulations to protect consumers from
unsafe products and to ensure that the storage
and handling of potentially dangerous products is
controlled.
My hon. Friend asked about the period during
which fireworks are available for sale. I know
from my postbag that many people are worried that
they are becoming more prevalent throughout the
year as consumers choose to celebrate occasions
such as parties, weddings and 4 July with
fireworks. The Government recognise that. Our
regulation-making powers allow us to deal with
the intrinsic safety of goods under the Consumer
Protection Act 1987, including fireworks, but do
not enable the regulation of periods when they
can be sold or let off. Wider powers to allow for
that could be made available only through further
legislation. A voluntary code of practice works
for a three-week period around 5 November and for
a similar period around the new year. That is
beneficial in that it contains the period during
which many retailers--especially those on the
high street such as local newsagents and post
offices--sell fireworks. The voluntary agreement
is not perfect, but it has generally worked well.
Those in the industry and in trading standards
have been reinforcing the agreement during this
fireworks season by sending out reminders and
circulars about retailer's responsibilities.
Several hon. Members have urged that we should
not allow the retail sale of fireworks to the
public. Every year my Department receives a
number of requests for a total ban on fireworks
for private use. I do not believe that that is
the way forward. Millions of people still enjoy
fireworks. In 1996, the Department reviewed and
considered a total ban. There were several
reasons for rejecting it, including the fear that
it would lead to the development of an illegal
market for fireworks and to more illegal imports,
which would involve quality control problems.
Nevertheless, the Government were prompt in
trying to restrict the type and sale of fireworks
through the 1997 regulations, which prohibit the
sale to the public of dangerous fireworks such as
bangers, mini rockets, those of erratic flight
and some of the larger and more powerful
fireworks, and bans all category 4 and some
category 3 fireworks.
My hon. Friend discussed injuries, which we all
take very seriously, and the thrust of the
effectiveness of this year's campaign in getting
the messages out. I recognise that my hon. Friend
the Member for Enfield, North would like more to
be done overall, but messages about firework
safety are being sent out. Over the years, the
number of people requiring treatment in hospital
casualty departments has been cut by about a
third from 1,530 in 1995 to 972 in 2000. We hope
that that trend will continue. My hon. Friend
quoted some figures that showed a rise between
1997-98 and 1999. We suspect that that was due to
the millennium period, which caused more
fireworks to be used.
Statistics show reductions in certain categories
of injury. Gains are being achieved because of
steps that we have taken that have played a
valuable role in keeping the number accidents
down. The annual firework statistics enable us to
design the focus for the following year's
campaign. This year, we have targeted people
under 16 years old because they were particularly
subject to injury during the 2000 firework period.
On the letting off of fireworks in the street,
which we have all experienced, points have been
raised about controls. To put it simply, it is
illegal to let off a firework in the street: it
is an offence under section 80 of the Explosives
Act 1875. The police enforce that section and
anyone found guilty is liable for a fine of up to
£5,000. I recognise that enforcement is tricky,
but legislation deals with the issue effectively.
Legislation also deals with distress to any
domestic or captive animal, under the Protection
of Animals Act 1911. Prosecution can be
undertaken by the police or by trading standards
authorities and in some cases the Royal Society
for the Protection of Animals can instigate
prosecution. Again, the fine is £5000, up to six
months imprisonment or both. There is a legal
underpinning for effective action where such
problems arise and, on noise nuisance, we
encourage all those who use fireworks to consider
neighbours and inform them--particularly old
people--of what is planned.
We recognise the concerns raised by my hon.
Friend, other hon. Members and the public, but we
have introduced a comprehensive package of
legislation in the UK to cover the supply of safe
fireworks. The effective enforcement of various
regulations is crucial. It must not be an idle
threat. Prosecutions must take place and I am
sure that that will happen more often in future.
I appreciate that resources are extremely pressed
in some areas, but the police and local
authorities will follow up complaints about the
sale or misuse of fireworks.
I assure my hon. Friend that her arguments and
those of other hon. Members have been well made
in this worthwhile debate. I have listened
carefully to what they have said about arising
difficulties. We will continue to keep firework
safety and usage under review, particularly in
light of this year's experience.
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