The Deputy Presiding Officer (Mr Murray Tosh): The final item of business is a members' business debate on motion S1M-3416, in the name of Shona Robison, on licensing schemes for fireworks. The debate will be concluded without any question being put.
Motion debated,
That the Parliament agrees with the view of the Association of Chief Police Officers in Scotland in calling for the tightening up of legislation relating to the sale and use of fireworks; notes that the association specifically refers to a need for sellers to be stringently vetted in order to ensure that applicants for a certificate to sell fireworks are of good character and should be required to show "need" before being granted a certificate; believes that the best way of achieving this is through the introduction of a licensing scheme for vendors of fireworks, and considers that the Scottish Executive should, as part of the current review of licensing powers under the Civic Government (Scotland) Act 1982, consider extending licensing powers to include firework vendors.
17:11
Shona Robison (North-East Scotland) (SNP): First of all, I thank all members who have supported my proposals for a licensing scheme and those who managed to stay on tonight for the debate. I also want to thank the Scottish Society for the Prevention of Cruelty to Animals. Most important, I must thank the hundreds of people who responded to my consultation paper on introducing a licensing scheme for firework retailers. I have received more than 200 responses, the majority of which have been submitted by community councils and groups the length and breadth of urban and rural Scotland.
It is a tribute to the public that the issue of fireworks has registered so high on the political Richter scale. I also want to pay tribute to the media's role in achieving that, because they have been campaigning for stricter controls. Although the Daily Record campaign seeks to go further than the measures proposed in my bill, it has been important in raising public awareness of the issue and putting politicians under the spotlight.
Now that another Guy Fawkes night has passed, it is hoped that the misuse and abuse of fireworks will abate, although it is apparent that, with every passing year, the fireworks season gets longer and longer. In Dundee this weekend, much to the annoyance of residents in that area, fireworks were still being thrown about in the streets where I was working.
Nevertheless, it is now even more important that we keep up the pressure on Government at all levels to ensure that action is taken to tackle the misuse of fireworks and that we do not have to face yet another Guy Fawkes night that causes distress and misery to so many in our communities.
This debate is part of my long campaign to raise the issue in the Parliament. It started last year when members of all parties signed my first members' business motion, which was followed by a members' business debate earlier this year in which Lewis Macdonald promised that my proposal would be considered. I then lodged my proposal for a member's bill. Today's debate presents another opportunity to keep the issue on the agenda and to try to secure some Government action.
The same idea lies behind my bill, public concerns and the media campaigns. We do not want to ban the responsible use of fireworks, but we want to address the misuse and abuse of fireworks and the distress and misery that they can bring to many people, including the old, the young, the vulnerable and the animals that are targeted and affected.
Last year, there was a 35 per cent increase in fireworks injuries. This year has been no better; indeed, it has been even worse in some areas. This year, eight police forces have dealt with 820 firework incidents and more than 6,000 nuisance calls, which appears to be an all-time high. Indeed, the Association of Chief Police Officers in Scotland has said that more than 3,000 man-hours have been wasted following up calls about fireworks and bonfires. Clearly, that is a drain on scarce resources.
The horrific injuries suffered by Alex Carroll from Motherwell, which were featured in the Daily Record, are a stark reminder of the dangers of fireworks. It is sad that so many injuries are caused by fireworks. Some injuries are the result of accidents, but many are the result of the deliberate misuse and abuse of fireworks. Fireworks are thrown through windows, put under cars, thrown at people in the street, set off beside animals or--unimaginably--tied to animals. The misuse of fireworks causes most of the problems that we are concerned about tonight. Some disgraceful incidents happened in Dundee over the fireworks season. For example, on bonfire night, fireworks were thrown at firefighters while they were attending bonfires that were out of control. That is disgraceful.
The existing legislation is totally inadequate to deal with the problem. The voluntary code of the British Fireworks Association says that shops should sell fireworks only in the three weeks leading up to 5 November, yet we all know that is completely ignored by many retailers. It is clear that we need further legislation.
While it is to be welcomed that Westminster is to ban certain grades of fireworks from being sold to the public, as announced in the Queen's speech, the measures do not go far enough. It is important that we tackle the misuse of fireworks in Scotland, which I believe we have the power to do.
A licensing scheme, used imaginatively, would go a long way towards addressing many of our concerns. Not only would it prevent people who are deemed unfit to sell fireworks from doing so, but it would restrict the number of outlets, with applicants for licences having to show a need in their area. A local authority could also introduce a strict code of practice in its area, restricting when fireworks could be sold and making it clear that anyone applying for a licence would be expected to abide by that code. Retailers who chose to advertise half-price fireworks six weeks before bonfire night would be unlikely to be granted a licence.
I am pleased that the Executive has said that it is considering my proposal for a licensing scheme, but it is time to hear when and how it intends to take that forward. It is time for action. In reply to a letter to the First Minister, the Minister for Finance and Public Services, Andy Kerr, said that the Executive is considering my proposed bill and the Convention of Scottish Local Authorities report, which also supports a licensing scheme. I am glad that is happening, but time is of the essence.
I know that it would be difficult for me to get primary legislation through in the four months that remain before Parliament dissolves for the election. That is why I have consistently asked for ministers in the Executive to act to amend the Civic Government (Scotland) Act 1982 by regulation, as it should be far quicker to get a statutory instrument through the Parliament before March. However, that will happen only if the Executive acts soon. We need to move quickly to ensure that a licensing scheme is in operation well in advance of Guy Fawkes night next year. I hope that the Deputy Minister for Finance and Public Services can tell us when and how he intends to take that forward.
17:18
Mr Tom McCabe (Hamilton South) (Lab): I begin by apologising to the chamber for having to leave the debate early. As I explained earlier, I have another engagement and time is pressing.
I congratulate Shona Robison on securing the debate and acknowledge the work that she has done on this pertinent issue.
Across Scotland, communities are experiencing what can be described only as torment in the face of a developing trend that sees fireworks used more frequently than ever before. That is compounded by the use of a type of firework known as the air bomb, which can terrify people and animals.
Lifestyles have changed and that has impacted on people's behaviour. We now have more of 24-hour society. People travel more and see elaborate firework displays at almost every major celebration--undoubtedly, the millennium celebrations were a major catalyst for the growth in interest in fireworks.
We need to use the powers available at UK and Scotland level to best effect, which is why a UK view of the matter is critical. It is pointless to pretend that we can shut ourselves off from other countries in a small island. We must continue to urge ministers to use existing powers to the maximum and, if necessary, to develop new powers in conjunction with their Westminster colleagues. We cannot afford to let the issue fade because Guy Fawkes night has passed. It is now quite clearly a year-round problem.
Last week in Parliament, we discussed quality of life in Scotland. For too many, quality of life is being ruined through the greed of retailers and the mindless few. If we apply ourselves properly, we can solve the problem. It is clear from the reaction in my constituency--and, I am sure, in constituencies across Scotland--that people expect us to do no less.
17:20
Mr Gil Paterson (Central Scotland) (SNP): I join Tom McCabe in congratulating Shona Robison on bringing the issue of fireworks to the chamber, as it is a serious and worthwhile subject for debate.
I do not want to appear to be a killjoy who wants to ban fireworks, but I do want to bring about the responsible use of fireworks. The starting point for responsible use lies with the manufacturers, which have a duty to supply to responsible retailers. Retailers, in turn, should have a responsibility to supply to responsible adults rather than to children.
We must get the message out that the indiscriminate use of fireworks is quite unacceptable. Attacks on members of our emergency services, who frequently attend out-of-control bonfires, must stop. In Airdrie and Coatbridge, the same fire crew was attacked twice in one night when attending bonfires. The firefighters had to endure abuse from youths as well as having stones, rocks and bottles thrown at them. One fire officer suffered serious injuries when a bottle was thrown at him. A spokesman from Strathclyde fire brigade said that a fire officer would be killed if such actions were not stopped.
In Bellshill, a firework was thrown through a resident's kitchen window. The lady said that it was "like an airgun". That resident would surely have suffered serious injury had she been standing by the window at the time, but, my goodness, in one way it was awful lucky that people were in the house at the time. God knows what might have happened to that house if people had not been in attendance to deal with the firework when it landed.
The year before last, I was in Florida. It was October, but the people in the town where I was staying were actually celebrating their 4 July independence day. The reason for doing it in October was that, that year, it had been declared a fire hazard to hold a firework display during the summer. The firework display was held on a bridge about the size of Kingston bridge. It was a small town, but there was an enormous turnout. I think that it is up to civic society to provide such celebrations, so that people do not need to dig into their own pockets. A civic celebration is much grander, much cheaper and much, much safer.
I own four premises in Scotland, all of which--or parts of them, at least--are licensed, because we supply highly toxic materials to the automotive industry. There is a duty of care on my business to supply only bona fide tradesmen to utilise those products. Shona Robison has the remedy to the problem. As happens in my business, manufacturers should supply only to the correct people. The simple mechanism for ensuring that professionalism is a licence. I support Shona's motion full-heartedly.
17:24
Robin Harper (Lothians) (Green): I congratulate Shona Robison on bringing this evening's motion before the Parliament and on the effort that she has made over the past year to continue to bring the matter to the attention of the Executive. I plead with the Executive to do something before the end of the parliamentary session in exactly the way that Shona has described.
I would like to pick up a couple of points. With limited outlets, there is a possibility that there might be an unwanted and dangerous stockpiling of fireworks. It would therefore be necessary to review the regulations covering the storage of fireworks and to ensure that those regulations were strictly adhered to. I do not want to undermine what has been said, which has been good.
Attacks on animals have been mentioned. Until recently, I wrote a small column in a well-known and excellent northern newspaper. When I mentioned fireworks, the resultant letters in the small mailbag that I received were all about attacks on animals by children. Fireworks had been thrown at animals and set off near them. I remember some horrific incidents from when I was a teacher, which I will not detail. Fireworks were used to torture and persecute animals. Society should do more to show how seriously it treats such matters.
Tom McCabe referred to air bombs. When I was last anywhere near an air bomb, I felt my internal organs shaking in my body. Their explosions are so intense that they are like a bomb going off. We should do what we can to ensure that fireworks with such intense explosions are never on sale to the general public.
There should be many properly controlled little village firework shows, but small villages with limited resources have a problem. Licences used to be £200, but they can now cost up to £2,000. That means that such shows are costly for small villages. Perhaps the Executive would like to review that matter and introduce a scale of charges so that smaller communities can apply for licences to have their own shows and not find that costs are cripplingly expensive.
17:27
John Young (West of Scotland) (Con): I, too, congratulate Shona Robison on securing the debate. I think that she will receive all-party support for her motion.
I want to deal with a number of issues, including responsible manufacturers, which were mentioned. A major problem is that the majority of manufacturers of fireworks that are imported into this country are based in south-east Asia and many of them are completely irresponsible. HM Customs and Excise says that it does not have enough staff or expertise to check all imports.
Storage was also mentioned, but there are ways around the problem of storage. One is supposed to store only so many thousands of kilograms of fireworks in one's shop, but under the present rules, there is nothing to stop one from storing 1,000kg at home for one's personal use and giving three or four friends 1,000kg each for their personal use. That avenue must be blocked.
Vetting and licensing are absolutely essential. I say to Shona Robison that any shop that applies to obtain a licence to sell fireworks should be required to display an appropriate plate that shows the dates on which it is allowed to sell fireworks and the expiry date of the licence. If there is no plate, the shop should not be allowed to sell any fireworks and should be prosecuted. Sellers who break the rules should face prohibitive fines. Perhaps the legal system must be changed so that if sellers continued to break the rules, all the stock in their shops--not just the fireworks--could be impounded. That is merely a suggestion. It was mentioned that sellers should be required to show need, but an obvious need of sellers is to make money.
The vast expansion in the use of fireworks was also mentioned. I am old enough to remember many air raids, including the Clydebank blitz, and agree that the Black Cat firework is almost like a bomb coming down--the whole place shakes and I am astonished that the authorities have not outlawed it completely. Something that has the velocity of a mortar bomb that is not supposed to be exploded within 80ft of a structure can be bought for over £70 off the shelf.
The Royal Society for the Prevention of Cruelty to Animals has mentioned that at least 8,000 animals have received veterinary attention for firework-related problems. I am sure that Sylvia Jackson will deal with that matter.
Various incidents have been mentioned. Last year, in Mike Watson's constituency, car lock-ups that had cars and petrol inside them and which are located between two occupied tenement properties had rockets fired onto their roofs by hooligans, which set the lock-ups alight. The fire brigade arrived and was ambushed; rockets were fired at firemen while they were attempting to fight a difficult and dangerous fire.
Suburban railway stations are also popular locations for such individuals to fire rockets and let off fireworks, especially when suburban trains are due. There will be an accident one of these days--the British Transport police do their best, but they cannot cover everywhere.
I am in favour of Shona Robison's motion. Some bits and pieces of legislation need to be tightened up much more than they have been. However, it is crucial that we link up with Westminster to tackle imports from south-east Asia, because control of those imports is Westminster's responsibility. We need more Customs and Excise officers and we might even need a special brand of officer who has been trained in this sphere.
17:30
Dr Sylvia Jackson (Stirling) (Lab): I thank Shona Robison for securing tonight's debate, which started in the cross-party group on animal welfare. We are pleased that she has taken the issue on board as she has. Many other MSPs, including John Young, have been involved, but it is good of Shona Robison progress the issue.
I also want to praise COSLA for its report, which has provided us with some ways in which we can move forward. One of its suggestions is licensing, which will be dealt with by the bill that Shona Robison has drafted. Those are useful signs. On the cross-party group on animal welfare, I also want to highlight the work that has been done by the SSPCA, which Shona Robison mentioned. In particular, I want to mention the SSPCA publication "Dump Squibs", which is an education leaflet that is suitable for children. The leaflet gives some pretty horrendous examples of what has happened to animals and those have been added to by the many other examples that the SSPCA has sent to MSPs.
There is no doubt that fireworks are a problem that affects animals, but they also affect people. Robin Harper described the effect on him of one such firework, but vulnerable people are particularly affected by fireworks. I have received letters in which people have remarked that they do not want to go out around the fifth of November simply because some irresponsible person threw a firework at them. Fireworks are a big issue generally.
Over the past couple weeks, I have attended two community council meetings, at which Shona Robison's consultation document was considered and where there was huge support for her suggestions. I have also been given copies of letters that have been sent to Shona Robison from other community councils. There is immense support out there for what she is doing.
Shona Robison and I have both used the mechanism of lodging various parliamentary questions. I thought that Andy Kerr's last statement was fairly supportive of what needs to be done. Tom McCabe hit the nail on the head when he said that we need to get a combined strategy between the Scottish Parliament and Westminster if we are to be effective. That point was also made by John Young.
Some other matters were also mentioned by John Young, such as illegal fireworks, which are a Westminster issue. In that context, I must thank the Scottish Parliament information centre for providing us with a useful résumé of the legislation at the back of the briefing that it provided. John Young also mentioned licensing, but we need to think about how we can make licensing effective through enforcement.
Finally, I thank Shona Robison for lodging the motion, which has attracted such widespread support. I hope that we can move forward.
17:34
Dorothy-Grace Elder (Glasgow) (Ind): I think that Shona Robison referred to the expression "killjoy". A number of years ago, people used to be thought of as killjoys if they even mentioned regulating fireworks, but thank goodness the public is on the whole much more sensible now. Our move will not be seen as a killjoy move, but as one that will improve the quality of many lives.
Fireworks have been incredibly dangerous for decades--they were dangerous long before the new military-style fireworks emerged. I had an uncle who was badly wounded--half his hand was blown off when he was a child--in an accident with an ordinary firework. The blood loss was terrible and his life was saved only because the local doctor operated on the spot, flinging a sheet over my grandmother's kitchen table, removing what was left of the hand and cauterising the wound. Nevertheless, my poor uncle managed to graduate from the University of Glasgow using his stump. He became a headmaster and used to hold up the stump to his class and say, "This is what an ordinary firework did to me."
My eldest child was born on bonfire night, and it was wonderful to see the beautiful swirls of colour in the sky welcoming her into the world. We had to have a little bonfire party every year after that, although I never liked those things. Then she, too, became sickened as fireworks everywhere got worse and worse--she did not want fireworks any more.
This year, there was no celebration. It was as if a dreadful accident had happened at Faslane--everything went up. In Glasgow, fireworks were flung into closes so that the noise was amplified up through the stairwells. Goodness knows how many heart problems were aggravated by that and how many vulnerable people had to endure it--and it was not even bonfire night.
Shona Robison's proposals relate to a time period for selling--is that right?
Shona Robison: Yes.
Dorothy-Grace Elder: John Young also mentioned a time period. There must be a limited period during which fireworks can be sold. In the paper the other day, I wrote that the shops sell fireworks from October through to December, but a reader corrected me, saying that it is more like the end of August through to December. If people want fireworks for some other occasion--a wedding, for example--they should be able to have a licensed arrangement direct with the manufacturer, not with the local shop.
The Glasgow Dog and Cat Home reports that it is overcrowded with dogs that ran away terrified. Those animals--there are many of them--will have to be put down because their owners have not been traced. Look at all the misery that has been caused because of a celebration that has been taken over by hooligans.
In some parts of Scotland, fire crews were lured by hoax calls to spots where they were attacked. The attacks were carefully arranged and not impromptu in many cases. That is the venal level to which things have sunk. It is yet another hazard in the lives of our firefighters who surely prove all the time that they deserve at least £31,000 a year. We are hardly supporting them unless we agree that they deserve everything that they are asking for. They are men and women who risk their lives even at ordinary times of the year, and we should not allow such things to happen.
17:38
Donald Gorrie (Central Scotland) (LD): Shona Robison has chosen a good way in which to address a subject that is difficult because of the difference between the powers that lie at Westminster and the powers that lie here. Local authority licensing would be a good way of trying to tackle the issue, but I hope that we can also explore further licensing of shops. Perhaps councils could have the power to license firework displays, and not only civic displays--which are important, as Gil Paterson said--but reasonably organised ones in the community. We could also investigate the extent to which the police can pursue the hooligans who throw fireworks through people's windows and about in the street, causing dogs to panic.
We must co-operate with Westminster on the issue. My successor as the MP for Edinburgh West, John Barrett, has inherited the problem of firework misuse in Muirhouse. He spoke about the matter in Westminster Hall recently, urging a reform of the Explosives Act 1875, which still seems to govern our activities in this area.
We must do all that we can here, but we must also urge Westminster to do what it can to alter the nature of fireworks, many of which create a huge amount of noise but have no sparkle. I tried to work in a joke about politicians there, but I have not quite worked it out yet. The joke would not apply to any member currently in the chamber, but it might apply to some others. To be serious, however, many fireworks create a huge bang but do not produce a nice display in the sky.
The central problem is how we educate people not to be hooligans. I have no solution to that problem, but we must pursue one. The hooligan issue is related to the problem of hoax calls to get out firefighters--military or professional--which were referred to earlier. The same mentality is involved in both cases. The people concerned lack the imagination to see the harm that they do, and I am not sure how to teach people to have imagination. However, the education system, along with youth clubs and similar activities, must try to teach better behaviour to young people so that people can enjoy fireworks correctly and so that we do not have hooligans rushing about the streets with fireworks--fireworks that should never have been let into the country and that were bought from people who should not have sold them.
17:41
Ms Sandra White (Glasgow) (SNP): I congratulate Shona Robison not only on securing the debate, but on her tenacity in pursuing the issue through, for example, contacting community councils and the Executive. I hope that her proposed licensing scheme for retailers of fireworks (Scotland) bill will eventually be passed, because it is urgently needed. We sometimes do not seem to realise exactly what a firework is. We should remind ourselves that a firework, whether it is a mini-firework or a huge firework, is an explosive. Some people enjoy the sight of exploding fireworks. However, it is an unfortunate fact that some people use fireworks to cause harm. I hope that Shona Robison's proposed bill will help to put a stop to that.
I have an elderly mother and I own a dog and a cat. Those three and I have suffered terribly because of fireworks, not just on bonfire night but in the weeks prior to it. My mother and my pets are still suffering. My dog is practically a nervous wreck and the cat refuses to go out. Elderly people in the constituency complain that people are still throwing bangers and other fireworks about. We must tackle that situation.
Much has been said about Scottish Parliament and Westminster legislation and codes. We in the Scottish Parliament have an ideal opportunity to use Shona Robison's proposed bill to amend the Civic Government (Scotland) Act 1982, which I think would be quite easy to do. If Westminster proposed similar legislation, that would be fine and good. However, I do not see why the Scottish Parliament should have to wait for possible Westminster legislation.
We should act as quickly as possible to amend the 1982 act through Shona Robison's bill and enforce the bill's provisions. If Westminster wanted to follow suit with similar legislation, that would be fair enough. We would not prevent it from doing so. I think that I said to the minister previously that I would not mind a Sewel motion in reverse. However, the Scottish Parliament has an opportunity to do something about fireworks in Scotland and we should act as quickly as possible.
We need Shona Robison's proposed bill because of the inadequacy of the codes. The voluntary code, as its name implies, has no legally enforceable obligations. I think that Shona Robison mentioned that the voluntary code states that fireworks are not allowed to be displayed for three weeks prior to 5 November. However, a BBC television report on 31 October showed that, according to Strathclyde police's injury statistics, almost 2,000 incidents involving fireworks were reported in the six weeks prior to 31 October.
That shows the scale of the problem. We need legislation now. I hope that the minister will take on board the fact that the Scottish Parliament has the power to amend the 1982 act. I hope that Shona Robison's bill will come into force some time next year--not necessarily before bonfire night--to prevent firework incidents involving vulnerable and elderly people and animals. I congratulate Shona Robison again.
17:44
The Deputy Minister for Finance and Public Services (Peter Peacock): Some very useful points have been made in tonight's debate. We have heard a range of ideas--some new ideas, as well as ideas that we have heard before. As usual, officials sitting at the back of the chamber have been noting everything that has been said. We will examine all the points that have been made by members from all parties.
I welcome the broad support that the motion indicates for the position that Shona Robison has outlined and that Lewis Macdonald set out in his closing speech at the previous parliamentary debate on the subject in June. As members have indicated, the motion builds on many campaigns in which members from all parties have been involved. Margaret Jamieson, who is unable to attend tonight's debate, expresses her support for the points that have been made, based on campaigns in which she has been involved in her constituency.
What has been said in tonight's debate confirms the growing concerns that exist and the sense of outrage that is felt across Scotland at the increasingly irresponsible behaviour of some individuals and, sadly--as Shona Robison indicated--of some retailers. Tom McCabe, Gil Paterson, Robin Harper, John Young, Sylvia Jackson, Dorothy-Grace Elder, Donald Gorrie and Sandra White all spoke about that sense of outrage, based on their experience.
Since the previous debate on fireworks on 12 June, public concern about the misuse of fireworks has grown. People are particularly concerned about noise and the general nuisance that many of them experience. Sadly, as members have indicated, we have continued to witness serious injury from fireworks. I know that people throughout Scotland have been horrified to learn that fire crews have been attacked with fireworks and stones while carrying out their duties. Such behaviour--to which several members referred--is not just deplorable, but wholly unacceptable in the modern age. People throughout Scotland share the outrage that members have expressed. As Shona Robison pointed out, the Daily Record published a snapshot poll of people's reactions to the current state of affairs, which clearly indicated that people are dissatisfied with the situation.
Since the previous debate, the Executive has received about 50 letters--many from members, forwarding constituents' concerns about the issue. Many of those letters congratulate the Executive on its commitment to tackle the misuse of fireworks. I know that the Department of Trade and Industry, local authorities, councillors, MSPs, MEPs and MPs have received many more representations and complaints during the same period.
As Shona Robison indicated, there were a large number of incidents on bonfire night this year. I have been told that 822 such incidents--rather than 820--were reported to police across Scotland. As a result, eight people have been reported to procurators fiscal.
As members know, extensive regulations concerning fireworks are already in place. However, enforcement remains a difficulty. The sale and supply of fireworks are regulated largely by the Fireworks (Safety) Regulations 1997, which were made under the Consumer Protection Act 1987. The regulations control the type and size of fireworks that are sold to the public and include a ban on certain large and powerful fireworks. They prohibit the sale of most fireworks to anyone under the age of 18 and require all fireworks on sale to comply with British standard 7114.
As John Young and Donald Gorrie indicated, the Explosives Act 1875 governs the safe storage of fireworks through licensing and registration requirements. It makes it an offence to let off fireworks in a public place. The Health and Safety Commission is currently reviewing the act. The commission is considering whether the award of a storage licence should be conditional on the applicant's being a fit person. Members referred to that issue in the debate. Final proposals will be put to UK ministers in the first half of next year.
Trading standards officers across Scotland do an excellent job in enforcing existing controls, and they inspected many retail premises in the run-up to bonfire night. However, the Executive shares people's sense of outrage at the current situation. It believes that existing controls are not enough to deal with the recent upsurge in incidents.
That view is shared at Westminster. Members will no doubt have noted the fact that yesterday's Queen's speech made clear the Government's commitment to measures to tackle anti-social behaviour, which damages communities. I understand that those proposals extend to fireworks. We will liaise closely with our Westminster colleagues on how they intend to advance the matter.
Melanie Johnson, the Parliamentary Under-Secretary of State for Competition, Consumers and Markets at the Department of Trade and Industry, recently undertook extensive discussions with other Government departments, enforcement authorities and the fireworks industry on questions relating to the better control of fireworks. On 15 October, she announced a package of measures designed to cut the number of injuries and to reduce problems of noise and nuisance.
Fiona Hyslop (Lothians) (SNP): We all noted the Queen's speech yesterday and the commitment to tackling certain aspects of the misuse of fireworks. Will the minister indicate whether the Executive is prepared to use the powers that it has to make either primary legislation or, preferably, regulations, to allow a reasonably speedy resolution of the problems of sale? That would mean that we could indicate to people that they will not face the problems next year that they have faced this year. I had two people at my surgery this week, complaining about their problems. Will the minister indicate whether the Executive is willing to act instead of just waiting for Westminster to act?
Peter Peacock: I will come to that, but I make it clear that we will use whatever powers we have to try to make progress on the issues. I will come back to the points that Fiona Hyslop made, but I want to return to the theme that I was pursuing.
Melanie Johnson, my colleague in Westminster, announced on 15 October a package of measures designed to cut the number of injuries and to reduce problems due to noise and nuisance. The package includes a voluntary ban on air bomb sales from 1 January 2003. We know that air bombs are cheap, noisy and popular with young people, so their removal from sale should make a real difference to next year's firework season. Subject to consultation, regulations will be introduced to enshrine the voluntary ban in legislation.
Melanie Johnson also announced a crackdown on the illegal markets for fireworks, with improved co-ordination between the Health and Safety Executive and HM Customs and Excise. That reflects the points that John Young made about international difficulties, which are why HM Customs and Excise is involved. The DTI has regular discussions with the industry on promoting responsible firework use. It pressed the industry to hold to the voluntary code and there was a large and positive response to that. However, it is infuriating and it undermines the effectiveness of the voluntary code when retailers simply ignore it. As Andy Kerr said recently, those who have been ignoring it are drinking in the last-chance saloon.
Members are aware of the report to which Sylvia Jackson referred, which COSLA produced through its fireworks task group three weeks ago. We are grateful to COSLA for the work that it has done on examining the current situation and producing a wide-ranging report. The scale of the report shows the range of issues to be considered and the complexity of the problem. There are no easy solutions.
The terms of the motion draw to our attention the proposals of the Association of Chief Police Officers in Scotland. I know that ACPOS takes the misuse of fireworks seriously. Earlier this year, it established joint working groups on fireworks with the Scottish Police Federation and the Association of Scottish Police Superintendents. ACPOS is calling for action on the sale and use of fireworks. Ministers agree that the current problems cannot be allowed to continue.
Shona Robison's motion calls specifically for the introduction of a licensing scheme for vendors of fireworks and echoes a similar recommendation in the COSLA report. The motion calls for such a scheme to be considered as part of a review of the Civic Government (Scotland) Act 1982. I confirm that ministers have agreed to consider the issue, in particular licensing those who sell fireworks to the general public.
Of course, we must be clear about what we can do under devolved powers. Regulation of the supply of goods and services to consumers is reserved under the Scotland Act 1998, and the sale of fireworks is regulated under consumer protection legislation. We have been considering whether it is possible to introduce licensing under the Civic Government (Scotland) Act 1982, either by amending it or by using section 44 to designate additional activity. We are also considering whether a voluntary code on the sale of fireworks is sufficient to meet our communities' requirements.
We must take account of reserved and devolved issues, which are not straightforward. We will work with our UK colleagues on ways to progress, as Sylvia Jackson, John Young and Donald Gorrie suggested. All those issues are being considered. We have agreed to a meeting with our Westminster counterparts to discuss the best ways forward and to find the best combined strategy, to which Sylvia Jackson referred. We will meet COSLA and ACPOS soon to discuss with them the best way forward. The Executive will consider all possible options carefully and will introduce proposals that are best suited to tackling the issues that have been raised today, which concern our communities. The debate has been another useful opportunity to air views, to represent the concerns of communities throughout Scotland and to reaffirm the Executive's firm commitment to making progress on the issues as quickly as possible.

18 November 2002
Mr. Jim Cunningham (Coventry, South): The Queen's Speech gives ...........
On antisocial behaviour, I should like the Government to consider fireworks legislation carefully. Fireworks are a growing antisocial phenomenon.

19 November 2002
Mr. Martlew: I understand my hon. Friend's frustration, but we should not prejudge the Government. They have not come forward with a Bill at all yet. Perhaps they will surprise us--although perhaps not.
The antisocial behaviour Bill will also be greeted with tremendous enthusiasm in my constituency. We must consider air weapons and fireworks, as both create considerable problems throughout the country. Recently, four swans were killed on the River Eden by somebody with an air weapon. The firework season now starts in September and goes well into January. Air weapons and fireworks have become far more powerful than they were when I was young. If we do not get legislation right this time and stop the antisocial behaviour of some, we will have to put the banning of fireworks and air weapons in the next Queen's Speech.
Angus Robertson (Moray): The hon. Gentleman mentioned the risk of abuse of fireworks and air weapons. Does he concede that the Government should look into the sale of BB guns, as a large number of injuries have been reported recently in my constituency resulting from the misuse of such so-called toys, which are sold to very young children?
Mr. Martlew: New technology has taken over from the old spud gun that I remember well.
The antisocial behaviour Bill will be excellent. My concern is that the police might not implement the law. In October, I wrote to my local police force pointing out that it is of course illegal to throw fireworks in the street. It is illegal to let them off in a public place. I accept the police's argument that the law is difficult to implement, but I want a clear law--if people misuse fireworks they should be brought to court or, even better perhaps, subject to a fixed fine. Without doubt, my elderly constituents are worried. I recently received a letter from a lady with a guide dog. She was concerned that she could not leave the house because the guide dog was terrified. I received--

Mr. Clive Betts (Sheffield, Attercliffe): I welcome most of the measures in the Queen's Speech. I begin by drawing attention to the antisocial behaviour provisions. Earlier this year, I called on the House to toughen the legislation in that respect. It is one of the most difficult problems with which hon. Members have to deal in their constituencies, and the extra powers that the police and local authorities are to be given should be warmly welcomed.
I echo the remarks of my hon. Friend the Member for Carlisle (Mr. Martlew) about the problem of fireworks as one aspect of antisocial behaviour. I have had more letters on that subject this year than ever before. It seems to be becoming a much bigger issue. A total ban on the sale of fireworks to the general public would cause difficulties--there is always the danger of creating a black market--but we must legislate to restrict the sale of fireworks to certain times of the year, probably to allow only designated retailers to sell them, and to stop the sale of the largest and loudest fireworks. We should also roll out the pilot scheme currently under way in four police authorities, with on-the-spot fines for the improper use of fireworks in public places.
8.10 pm
Mr. Peter Pike (Burnley): I do not know enough to ......
I support the Government in introducing further controls on fireworks. The season gets longer and longer, and fireworks intended only for display purposes now get into the wrong hands. They are a growing nuisance for many people and animals, and many consider that it could soon be time to allow fireworks to be sold for display purposes only. That might be regrettable in some ways, but we must consider the option carefully if we cannot control or remove the nuisance in any other way.
8.51 pm
Ms Dari Taylor (Stockton, South): In welcoming the Queen's Speech....
My constituents have already referred to the fact that in his speech on the Loyal Address my right hon. Friend the Prime Minister mentioned two forms of antisocial behaviour relating to fireworks and airguns. Such activities are second to none in the subjects that are raised in the letters in my postbag. Firework misuse has provoked people in my constituency to say that they feel as though they are under siege from September to January, and particularly in late October and early November. They want effective action to be taken so that access to such products is seriously restricted.

20 November 2002
6.23 pm
Mr. Eric Illsley (Barnsley, Central): I welcome many of the Bills .............
I endorse comments made today about the need to look at problems caused by air weapons and fireworks. There is a fear in my constituency that fireworks are used as a signalling mechanism, especially among drug dealers. Quite apart from that, fireworks are used throughout the year. They are loud and noisy. At best they are a distraction and nuisance; at worst they are used as weapons and devices to blow up telephone boxes and destroy property. We need more than a code of practice. The time has come to look at introducing a legislative measure to restrict the sale and power of fireworks. The problem is getting out of hand and is one of the biggest issues in my postbag at the moment. Similarly, there has been a rash of incidents involving air weapons. I believe that there has been a fatality in the north-east, so the time has come for us to consider the problem carefully.
6.38 pm
Mr. Bill Tynan (Hamilton, South): I welcome Queen's Speech......
In the middle of Hamilton, we still have a problem regarding the yob culture. The same problem is endemic in many of our constituencies. My hon. Friend the Member for Barnsley, Central (Mr. Illsley) spoke about fireworks, which are very topical at the present time. Local communities are facing considerable harassment and nuisance from children who regard fireworks as some sort of toy and apparently find enjoyment in putting them in pillar boxes or letter boxes. While an elderly lady in my constituency was waiting for an ambulance to take her to hospital, a rocket was put into to her letter box and lit. It hit the back of the hall. The trauma for that person, who was waiting to go into hospital, was substantial.
Last night, I welcomed to Westminster the Convention of Scottish Local Authorities fireworks task group, which has considered the problem of fireworks for the past six months. Some 22 local authorities have given evidence, along with the police. The group has made a number of recommendations that I would recommend to the Home Office for its consideration. Misuse of fireworks is one of the biggest problems that we currently face. Unless we deal with it, it will continue to escalate out of control. The group said that health and safety is one of the big issues and recommended that the retailers who are selling fireworks should be made responsible and that the law should be tightened to prevent fireworks from falling into the hands of young people.
I congratulate the Government on introducing a range of important measures, but crime and antisocial behaviour are not easy issues to solve. The best way for us to deal with them is to ensure that we exert pressure as Members of Parliament, consider the issues and deal with the problems.
7.3 pm
Patrick Mercer (Newark): I am privileged to follow the hon. and learned Member for Redcar (Vera Baird), and I would like to associate myself with the comments of the hon. Members for Barnsley, Central (Mr. Illsley) and for Hamilton, South (Mr. Tynan) about fireworks, which have recently been causing all sorts of grief in Newark and Retford. I thoroughly agree with the hon. Members' comments about them. 
7.11 pm
Tony Wright (Cannock Chase): I shall, if I may, speak about antisocial behaviour in particular and in general. The particular point--fireworks--has been raised by a number of Members. The issue has made my postbag bulge like nothing else over these past several weeks, and I am glad that the Prime Minister agreed at Question Time two or three weeks ago that there should be legislation. We do not yet know whether it will be included in the antisocial behaviour Bill or what form it will take, but it needs to be introduced.
The other day, I received a letter from a constituent, who says:
"On Sunday . . . I was watching television in the conservatory at the back of my bungalow . . . there was a loud bang and a large, spent fireworks rocket came through the roof of my conservatory leaving a hole about 6-8 inches in diameter. Shards of the polycarbonate roof were scattered all around but fortunately I was not injured, only shocked. Had my wife been sitting with me, instead of in our lounge, the rocket and razor-sharp shards would have landed largely upon her and possibly caused severe injury. This was a firework from one of several parties taking place in the surrounding residential area and was, of course, impossible to trace.

I now know, subject to an insurance assessor's visit and approval, that I shall need the roof completely replaced at a cost of £1,450 plus VAT."
He goes on to suggest, not unreasonably, that it is time for something to be done, and it is. I hope that the Government will do it. 
7.56 pm
Mr. Adrian Bailey (West Bromwich, West): In common with other right hon. and hon. Members, particularly on the Labour Benches, I welcome the priority in the Queen's Speech given to crime and to tackling antisocial behaviour. In particular, I endorse the comments of some Members about the legislation on air weapons and fireworks. In common with many other Members of Parliament, at every surgery I have complaints from people pleading with me for the Government to do something about antisocial behaviour. It is the No. 1 issue in my constituency, particularly among the elderly.
8.27 pm
Mr. Chris Pond (Gravesham): It is a pleasure to follow the ......
I received a letter recently from Victim Support in Gravesham about the circumstances of a particular family. It said:
"Mr. and Mrs. Singh had been the victim of quite serious assaults by local youths and they were now both, but in particular Mrs. Singh extremely worried for their own and their children's safety. Mrs. Singh was very jumpy and quite obviously upset. She started at every sound and appears at times near breaking point. They told me that there was repeated harassment from neighbours and their children, in addition, to the assaults they had fireworks thrown at the house and only that morning someone had been on the flat roof at the back of the house and left a pile of clothing."
For the young people involved, that incident was a "bit of a laugh". It was a way of asserting their authority over adults whom they knew very little about and with whose interests they were little concerned. However, their behaviour was a source of terror, fear and humiliation for the family. It must stop.
Mr. Denham: It was the Opposition who .......
I have taken good note of the calls for action on fireworks, air weapons and alcohol-related antisocial behaviour. I will clearly want to consider those calls carefully when we draw up the Bill on antisocial behaviour.

20 November 2002

House of Lords
Lord Hardy of Wath asked Her Majesty's Government:
Whether they intend to introduce regulations to control the misuse or inappropriate ignition of fireworks.
The Minister of State, Home Office (Lord Falconer of Thoroton): My Lords, throwing fireworks is one of the offences covered in the fixed penalty notice scheme currently being piloted with some success in four police areas.
I am pleased to say that a voluntary ban on the sale of air bombs has been agreed with the trade and will be implemented early in the new year. In the light of the large number of complaints about the misuse of fireworks, we have set up arrangements to monitor the problem in nine crime and disorder reduction partnerships, in order to establish what, if any, further measures might be required.
Lord Hardy of Wath: My Lords, I thank my noble and learned friend for that reply; it is a relief to hear his words. I had feared that, because the reverberation of firework nuisance might be less obvious in Whitehall than in many other parts of the country, a less serious view would be taken.
Does my noble and learned friend accept that, in many other areas, the noise this year has been louder and more protracted? On eight of the nights that I have spent at home in the past six weeks, I have heard disturbance from fireworks after midnight. On another occasion, people living within a square mile were disturbed at a firework party at 3.30 a.m. Last week, two ladies living three miles from my home were severely injured by a powerful rocket that should have been the property of the Royal Artillery, rather than being readily available to the criminally irresponsible.
Lord Falconer of Thoroton: My Lords, I do not know whether fireworks have got louder this year than previous years, but my noble friend is not alone in the complaint that he has made. We have heard from a number of sources. There have been real problems in relation to fireworks this year, and before. As a result, on the 15th October the DTI announced a range of measures, including proposals to make air-bombs illegal, a voluntary agreement with the industry to ensure that fireworks are sold only during a specified period of the year and agreements in relation to what the noise level should be, in order to try to deal with the kind of issues to which my noble friend has referred. Plainly, it is an issue that is concerning more and more people.
Baroness Masham of Ilton: My Lords, is the noble and learned Lord aware that last week, a quarter of a mile from where I live at Masham in North Yorkshire, a post-box was blown out of the wall? The bomb squad and the police were called and there was found to be a firework. The culprit has been found. He has a problem. Would the Minister agree that if fireworks get into the wrong hands they can be very dangerous?
Lord Falconer of Thoroton: My Lords, I was not aware of what happened in relation to the place a quarter of a mile from the noble Baroness's home. I do not know the detail of it. It sounds a remarkable firework that could blow up a post-box in that way. There is also an issue about illegal markets in fireworks: fireworks that do not comply with the regulations. The DTI has also announced a crackdown on illegal markets in relation to fireworks. It seems to me that it is just another example of the problems that there are with fireworks. We need to see the effect of our voluntary proposals and also what the research from those nine crime and disorder reduction areas that I referred to in my initial Answer produces to see what more needs to be done.
Lord Roberts of Conwy: My Lords, while none of us want to be a spoilsport or promote the nanny state I am, nevertheless, glad that the Government recognise that there is a growing problem of anti-social behaviour in this particular area, requiring further analysis and, indeed, remedies. Will the Government consider bringing hooligan behaviour with fireworks within the scope of their anti-social behaviour legislation which is yet to come?
Lord Falconer of Thoroton: My Lords, I indicated in my initial Answer that the fixed penalty notice applies already to fireworks. We need to consider whether we should reduce the age in relation to that. We shall certainly consider whether in the anti-social behaviour Bill, that was announced in the Queen's Speech, more could be done.
Lord Faulkner of Worcester: My Lords, is my noble and learned friend aware that trading standards officers have an important part to play in enforcing existing laws relating to the sale of fireworks to children? Is he aware that there is concern amongst trading standards officers that some of the funds supposed to be earmarked for that purpose are being diverted elsewhere and that they are not able to do the job as effectively as they would like to?
Lord Falconer of Thoroton: My Lords, I accept that local authority enforcement officers have a very significant role to play in relation to that. The more the issue goes up the agenda--the more that people express concern about it--I hope the more time and effort will be spent in relation to it. The licensing of people who sell fireworks is presently being considered by the Health and Safety Executive to see whether there should be a fit and proper person test included as well. That is another area that has been looked at to try to deal with the problem.
Lord Dholakia: My Lords, is the Minister aware that there were over 1,300 injuries to people in the year 2001? That is an increase of over 40 per cent. Is the Minister satisfied that environmental health officers have sufficient powers, advice and guidance so that they can take appropriate action?
Lord Falconer of Thoroton: My Lords, as I have indicated, one of the issues looked at by the Health and Safety Executive is whether the licensing schemes currently work. If they make proposals in relation to changing the licensing scheme then we would look at that and that would obviously involve a change in the power of those officers.
Baroness Strange: My Lords, is the Minister aware that dogs, cats, babies and small children do not like fireworks, particularly noisy ones? Although it is very nice to celebrate Guy Fawkes Day, this year there has been an open season for over a month with explosions every night.
Lord Falconer of Thoroton: My Lords, I am aware of the effect of fireworks on animals. There is provision in the Protection of Animals Act to make it an offence to throw fireworks deliberately at animals. That happens from time to time. As regards babies, I think it depends on the baby, and as regards small children, well, some small children quite like fireworks.
Lord Brooke of Alverthorpe: My Lords, does the Minister know how long the monitoring in the nine crime and disorder reduction areas will run for? When the report of the findings is finalised, will he undertake to put a copy in the Library?


25 November 2002