Parliament 2003, part 9, National Campaign for Firework Safety

National Campaign for Firework Safety

in Parliament 2003 part nine
September 8 2003 to ...

September 8 2003

Written Questions for Answer on Monday 8 September 2003
Ross Cranston (Dudley North): To ask the Secretary of State for the Home Department, pursuant to his Answers of 16th December 2002, Official Report, column 640W, on fireworks, and 28th January, Official Report, column 754W, on crime reduction, when he expects to place the findings of the exercise on crime and disorder reduction partnerships and their implications for nuisance and noise associated with fireworks in the Library; and if he will make a statement.

September 9 2003

House of Lords
Fireworks Bill

11.22 p.m.
Baroness Ramsay of Cartvale: My Lords, I beg to move that the House do now resolve itself into Committee on this Bill.
Moved, That the House do now resolve itself into Committee.-(Baroness Ramsay of Cartvale.)
On Question, Motion agreed to.
House in Committee accordingly.
[The Deputy Chairman of Committees (Lord Haskel) in the Chair.]
Clause 1 agreed to.
Clause 2 [Power to make regulations about fireworks]:
Lord Lucas moved Amendment No. 1:
Page 2, line 1, leave out paragraph (b) and insert-

"(b) for mitigating the risks that the use of fireworks will have those consequences."
The noble Lord said: In moving Amendment No. 1, with the leave of the Committee, I shall speak to all my amendments tabled today. I note that it is about 23 minutes past the proposed curfew so I hope that there will be no fireworks this evening and that we shall proceed to a gentle and colourful end in not too many minutes. First, I apologise to Guide Dogs for the Blind. At Second Reading, I doubted some of the figures mentioned by the noble Baroness, Lady Ramsay. I was entirely wrong and they were right.
I still have major reservations about the Bill, which I shall turn to later. However, I recognise that many Members of the Committee and many people outside are keen that this measure should proceed. Technicalities at the other end mean that we cannot amend this Bill if it is to proceed. Therefore, faced with the choice of opposing the Bill with the objective of killing it or negotiating with the Minister, I have chosen to negotiate with the Minister. Perhaps more importantly, the Minister has chosen to negotiate with me. Although I have had no sight of his speech, I hope that we shall prove to have reached an amicable conclusion.
There is an unresolved-indeed, largely unheld-debate between animal charities, who want great restrictions on the use of fireworks, and the general public, who enjoy them. The principal lobbying leaflet which we have all received quotes one case of an animal injured by a vicious assault with a firework, which could have been dealt with with no change in legislation. Statistics indicate that tens of thousands of pets are frightened by what most of us regard as the ordinary use of fireworks; that is, home use, 5th November, birthday parties and so forth. Most of the distress complained of by animal charities is caused by this normal use. Their ambition is to restrict firework use to defined dates and to licensed public displays, making firework use predictable and something that could be prepared for.
The Government's proposed regulations as outlined so far would do nothing of the kind. They seem to reflect the more general understanding and public mood by proposing a number of sensible restrictions on who can sell fireworks, on the availability of the most dangerous kinds and so forth. To the extent that I understand them and as the Government have explained them, the measures in this Bill appear thoroughly praiseworthy.
However, the first difficulty I have is that Clause 2(1)(b) does not allow the Government to make the kind of regulations they seek. Clause 2(1) gives the Government powers. Subsection (1)(a) allows the Government to ban fireworks outright, while subsection (1)(b)-here I elide the words in the Bill-allows regulations,
"securing that the risk that the use of fireworks [will cause distress to animals] with the minimum that is compatible with their being used".
That is very much in line with the position taken by the animal charities; namely, that fireworks can be used, but only in strictly regulated ways so that their use causes minimum distress.
Clearly the Government's proposals do not secure that the risk that the use of fireworks will cause distress to animals is the minimum compatible with their being used; far from it. So in my view the Bill does not give the Government the power to make the regulations they say they wish to make. If such regulations are made, they could be open to challenge. My Amendment No. 1 would remedy this defect but, as I have said, passing it would result in the Bill being lost.
In another place this is a purely procedural matter: it chooses not to consider amendments made to Private Members' Bills at this stage of the Session. It can be done quite easily and without any great effluxion of time. I hope that this is a matter about which we might persuade either the Procedure Committee or another body of this House to talk to the other place. Indeed, the same may be said for a number of other Bills coming forward towards the end of this Session. The procedure prevents us from giving them effective scrutiny. This is a minor change for the other place and I hope that in due course it will be considered.
My second difficulty with the Bill is the extent of the powers given to the Government when there is great uncertainty about how the Government would wish to use them, and that there has been no real public consultation. With one or two minor exceptions, regulations are to be made using the negative procedure. I do not think that we would let the Government get away with one of their own Bills in this state. We would demand a long explanation of what they wanted to do and seek to tie them down with limitations on what they would be able to do while there was still so much uncertainty. As I have pointed out, this is a Private Member's Bill and we are considerably restricted in how we deal with it. I still feel extremely queasy about letting a Bill through in this state, but given the past difficulties in securing legislation on this matter, I understand why this is being done.
I have a number of questions that I want to put to the Minister. Given that he has had notice of them, I hope that he will be able to say "yes" to all them so that we can proceed home to bed. First, I want to ensure that we shall not get any trouble from the Minister or from the Chief Whip, who is in his place, if the regulations that come before the House are greatly different from what the Government have said they intend, and we then try to push through a resolution under the negative procedure to have done with them. I am sure that the Chief Whip and his predecessor will agree that that is an unusual step, but under circumstances where we have no idea of what will be the results of the consultation and in theory the regulations could be quite different from what has been outlined by the Government, we would be justified. Although I would expect the Government to seek to defeat such a resolution, I hope that they will not squeak that that is an extraordinary and inappropriate thing to do.
Secondly, if I am right about Clause 2(1)(b)-I fully accept that the Government may think I am not-I hope that the Government will say that they will support a Peer's private measure to put it right; that is, that it is their intention that the Bill should enable them to do what they have said they wish to do. If it does not do so, they should confirm that they would like to see the error corrected.
I wish now to clarify what is the Government's present thinking on the regulations that they would like to introduce. Am I correct in thinking that the Government intend to impose an 11 p.m. curfew for ordinary firework use with the exception of celebrations of recognised New Year's days? Am I correct in thinking that the Government propose to allow non-specialist shops to supply fireworks to the public only between specified dates and that these dates will allow for all festivals commonly celebrated with fireworks?
As to the decibel limits that the Government currently intend to impose, are these 120 decibels for domestic fireworks and 130 decibels for public displays, measured from the point of hearing of an ordinary observer? By contrast, the animal charities would like the limit to be 90 decibels, which is between 1,000 and 10,000 times less loud if measured in absolute energy terms, the decibel being a logarithmic scale.
Do the Government envisage that the public will be able to buy the ordinary kinds of fireworks that we associate with private displays-that is, rockets for high altitude displays and roman candle types for low altitude displays-at any time of the year from specialist shops? Will we be able to use such fireworks in private displays on private land subject only to the curfew?
Lastly, will the Government undertake to put in place effective controls on fireworks imports at the point of entry so that we can stop the trade in dangerous or unsuitable fireworks at source?
Those are the matters on which I seek comfort. I hope very much that I shall receive it. I beg to move.

11.30 p.m.
Lord Sainsbury of Turville: I should like to take the opportunity to thank the noble Lord, Lord Lucas, for his helpful comments and thoughts during the Recess which have allowed us to consider his particular concerns. I believe I shall be able to give him the assurances he requires. I shall deal first with Amendment No. 1 and then deal with Clauses 4, 5, 7 and 9, which cover his main concerns.
I would also like to remind both the noble Lord and other Members of the Committee that the Bill cannot be amended because the time set aside for consideration of Private Members' Bills in the other place has expired. I hope that we can all agree that the Bill is a good piece of legislation and is much needed given the widespread support from the public, the industry and various interested groups.
I should like to take the opportunity to clarify to both the noble Lord and the other Members of the Committee exactly what is the nature of Clause 2. As it stands, Clause 2 sets out the basis on which the Secretary of State can make fireworks regulations and the procedures which must be followed. We believe that such regulations allow the Government to make sensible regulations in order to achieve the stated aims under Clause 2(2).
The noble Lord interprets Clause 2(1)(b) as conferring on the Secretary of State the power to ban fireworks outright. This is neither the intention of the Government nor is such a draconian measure possible under the clause. It is a purpose test and should be read in conjunction with the other clauses in the Bill. What it does allow, however, is the banning of particular fireworks when read in conjunction with Clause 5. The clause would thus enable the Government to ban particular types rather than fireworks considered in general. Furthermore, category one and category two fireworks-indoor and garden fireworks respectively-are excluded from the scope of the clause altogether, thereby restricting the Government to prohibit only the supply of particular fireworks in category three, which are defined as consumer display fireworks.
It is worth noting that the Government have no plans to take action under the clause when enacted, although the clause might apply to any specific new fireworks on the market in the future that are regarded as either a particular nuisance or dangerous.
We are confident that Clause 2(1)(b) allows the Government to make the desired regulations for the purposes of minimising the risk of the consequences set out in Clause 2(2) but without, as I believe is the noble Lord's suggestion, having to adopt rather draconian killjoy measures to avert the possibility of a judicial challenge.
Any measures that we take in the regulations to minimise risks, either directly or indirectly-an example of the latter being the formalisation of a 120 decibel limit by the replacement of the British standard with the new harmonised European standard-will be made in the context of the stated risks in mind. All such regulations will be subject to consultation prior to reaching the statute book to ensure the Government have got it right.
With this in mind, regarding the noble Lord's amendment to substitute "minimise" for "mitigate", while there is a theoretical difference in the substitution, we believe that there will be little difference in practice. When one considers minimising risk with the last part of the sentence,
"compatible with their being used",
the underlying sense that emerges is that the risk should be minimised but considered in the context that many people use them and enjoy using them. For example, if we read the provision as simply aimed at reducing risk to a minimum, it would perhaps be reasonable to suggest that safety distances for spectators should be, say, a minimum radius of 100 metres. We could also imagine that in keeping the risk of damage to a minimum, firework use could be restricted to places such as fields, away from areas with a high building density. But I think we can all agree that such examples would be unreasonable, and that is the reason why "compatibility of use" is an important counterweight here. It is also part of the reason it would be difficult for groups successfully to challenge the Government in a judicial review.
With regard to the noble Lord's questions as to whether the Government would look favourably on a private Peer's Bill to amend the fireworks legislation, I think, as I have indicated, that there will be little reason for this to emerge as an issue for the Government to consider as any judicial challenge is unlikely to be successful so long as the Government have followed all the relevant consultative procedures. However, should such an improbable event occur, the Government would consider the most sensible legislative route to correct it.
I hope that the noble Lord can accept this assurance and, on that basis, I ask him to withdraw his amendment.
Let me now deal with the various other questions posed by the noble Lord on the clauses standing part. Clause 4 covers the prohibition of supply in certain circumstances. It allows for the inclusion in fireworks regulations of restrictions on the supply, purchase, possession or use of fireworks, or specified fireworks, at particular times or in particular places or circumstances.
On the noble Lord's specific question on curfew times, we believe that an 11 o'clock curfew is a good contender among the possibilities that we are considering. Were the Bill to become law, we will begin consulting on this shortly. The reason I emphasise the consultation here is that some issues will require careful consideration, particularly those involving considerations of ethnic, religious and cultural diversity.
Clause 5 concerns the prohibition of supply of certain fireworks. It provides that fireworks regulations may include prohibitions on the supply, purchase or possession of specified fireworks. The powers in the Consumer Protection Act 1987 are not wide enough to enable, for example, the satisfactory completion of a training course to be cited as entitling a person to be supplied with powerful and hazardous fireworks.
Regarding the noble Lord's specific question on the decibel limit, the measuring distance of noise emission for domestic fireworks under the new British Standard is set at a distance that is specific to each type. So the specified distance to measure noise emitted from an air bomb, for example, is different from that of a fountain. These differences are set out in the standard, so I will not list them here.
I would also like to make it clear that while it is true that the Government agree with the noise level for domestic fireworks that will be set out in the new Standard, it has never been their intention to place a noise level emitted from category 4 fireworks-that is, the professional display fireworks used at public displays. That being so, to my knowledge there has been no discussion of a decibel level restriction of 130 decibels.
The noble Lord raised the question of the availability of those fireworks used for private displays. Under the Bill, we have no plans to prohibit the public from buying particular fireworks in any of the defined consumer categories-that is, categories 1 to 3. Additionally, people may let such fireworks off on private land during any time of the year save the specified curfew time in the evenings, subject, of course, to the landowner's approval.
Clause 7 deals with the licensing of suppliers. There may be a need to ensure that the more powerful and hazardous types of fireworks should not be sold by non-specialist retailers who have no real knowledge of what they are selling. While the Explosives Act 1875 deals with the storage requirements for explosives, including fireworks, it does not allow for differentiation between fireworks by type or power. It is therefore open to any retailer to stock and sell both the smallest and the largest fireworks available without having adequate knowledge of their product. This situation has long caused concern to enforcement authorities and safety organisations. Clause 7 would therefore allow for the introduction of a licensing system for retailers and/or their premises to sell fireworks with the benefit of training-and with the ability to revoke a licence to sell were they to contravene any of the regulations such as supplying fireworks to minors.
The way that a licence will work is being developed. I cannot therefore be as helpful as I would wish in answering the noble Lord's question. At this stage we are not ruling anything out. But, on the face of it, restricting all year round supply to specialist shops could be damaging to particular retailers and involve issues of fairness with regard to religious and cultural minorities. Thus, in principle, any licence to supply fireworks made under the Bill should be open to all to apply for, and not just those considered to be specialist suppliers.
I turn to Clause 9, which is essentially concerned with the prohibition of imports of fireworks. We would not have introduced the issue if we did not think that there is a problem. In answer to the concerns of the noble Lord, as soon as necessary regulations have been passed, we will look at what measures we need and can take to stop the trade in dangerous and unsuitable fireworks.
I hope that I have dealt with all the points of the noble Lord, Lord Lucas, on these clauses and that I have clarified the points to the noble Lord and the Committee and the reasons why the Bill should not be emasculated by the exclusion of these clauses, which I hope that all can agree should remain part of the Bill.

Baroness Ramsay of Cartvale: I thank the noble Lord, Lord Lucas, for the very generous statement he made about the statistics from the Guide Dogs for the Blind Association. I think that perhaps we should agree to disagree on his interpretation of parts of the Bill. I hope that he has been reassured by my noble friend's replies to his questions and that he is satisfied that he has received the assurances that he was seeking.
Lord Lucas: I am very grateful to the noble Baroness and to the Minister. Yes, the Minister has gone further than I thought he reasonably could. I am extremely grateful to him. He has satisfied me on every point. Under those circumstances I am happy to beg leave to withdraw my amendment.
Amendment, by leave, withdrawn.
Clause 2 agreed to.
Clauses 3 and 4 agreed to.
Clause 5 [Prohibition of supply etc. of certain fireworks]:
[Amendment No. 2 not moved.]
Clause 5 agreed to.
Clause 6 agreed to.
Clause 7 [Licensing of suppliers]:
[Amendment No. 3 not moved.]
Clause 7 agreed to.
Clauses 8 to 15 agreed to.
Clause 16 [Parliamentary procedure for regulations]:
[Amendment No. 4 not moved.]
Clause 16 agreed to.
Clauses 17 to 19 agreed to.
Schedule agreed to.
House resumed: Bill reported without amendment; Report received.
House adjourned at fifteen minutes before midnight.

September 18 2003

Royal Assent

Madam Deputy Speaker (Sylvia Heal): I have to notify the House, in accordance with the Royal Assent Act 1967, that the Queen has signified her Royal Assent to the following Acts:

Fireworks Act 2003

October 14 2003

Questions for Oral or Written Answer beginning on Tuesday 14 October 2003

Mr Paul Truswell (Pudsey): To ask the Secretary of State for Trade and Industry, what consultations will take place on regulations to be introduced under the Fireworks Bill; with whom consultations will be held; and over what period.

Mr Paul Truswell (Pudsey): To ask the Secretary of State for Trade and Industry, whether she was consulted about the statement made by a Department official to the Yorkshire Evening Post and published on 15th September, concerning regulations under the Fireworks Bill and the absence of limitations on the period of sale of fireworks; and if she will make a statement.

Ross Cranston (Dudley North): To ask the Secretary of State for Trade and Industry, when she will lay regulations under the Fireworks Act 2003.

October 16 2003

Mr. Clive Betts (Sheffield, Attercliffe): I am sure that my right hon. Friend is aware of the excellent legislation that the House recently passed to restrict the sale and use of fireworks. At a meeting in Tinsley in my constituency the other night, more than 100 people complained about the continuing misuse of fireworks, especially the large airbombs, which are little more than dangerous explosives. Will my right hon. Friend therefore ensure that the regulations to implement the legislation will be introduced to the House as quickly as possible before--as Superintendent Brennan said to me the other night--someone is killed? We need to ban the sale and use of such fireworks as soon as we can.

Mr. Hain: I welcome my hon. Friend's intervention and I will ensure that the Secretary of State for Trade and Industry is made aware of it. As he knows, the Fireworks Act 2003 has now been enacted, but the regulations need to be introduced. I have experience of the concerns of many of my constituents about the problem. Some of the modern fireworks are extremely powerful and noisy, and they can frighten people. We need to get a grip on the problem.

October 22 2003

PRIME MINISTER
The Prime Minister was asked--
Engagements

Mr. Bill Tynan (Hamilton, South): My right hon. Friend will be aware that the Fireworks Act 2003 is now on the statute book. [Interruption.] I hoped that would get a cheer. Is my right hon. Friend aware that the major problem that we face is the importation of illegal fireworks? More than 1,000 tonnes have come in through Felixstowe over the past six weeks and are causing enormous problems throughout the country. Would my right hon. Friend try to resolve the problem and make sure that we maintain safety in our communities?

The Prime Minister: I am happy to respond positively to my hon. Friend's remarks, and I congratulate him on all the work that he did on his Bill on the issue. Fireworks are a real source of antisocial behaviour. That is why the Government support the measures set out in his Bill. I hope very much that even in advance of those measures coming into effect, people will realise, particularly in respect of the sale of fireworks to young people, that there are strict laws that should be upheld and not breached, and that those who breach them should face the full severity of the law.

October 27 2003

Jonathan Shaw (Chatham and Aylesford): Hard-working police officers in the Medway towns met me and my colleagues to express their alarm, and that of their communities, about phone boxes being blown up by fireworks. They welcome the new powers in the Anti-Social Behaviour Bill, but will my hon. Friend look at the fact that the police can search people for drugs, cigarettes and tobacco, but not for fireworks--

October 28 2003

Fireworks Act

Mr. Bill Tynan (Hamilton, South): What discussions he has had with the Scottish Executive with regard to the use of powers granted by the Fireworks Act 2003. [133807]

The Parliamentary Under-Secretary of State for Scotland (Mrs. Anne McGuire): May I echo the Prime Minister's congratulations last week to my hon. Friend on his excellent work in piloting that important measure through Parliament? I recently met the Minister for Finance and Public Services in the Scottish Executive to discuss a range of issues, including the Fireworks Act 2003.

Mr. Tynan : I thank my hon. Friend for her response. Is she aware of the excellent educational drama "Toast", which South Lanarkshire community safety partnership is piloting in schools throughout Lanarkshire? Margaret Brunton, the council's home safety officer, said: "This play is hard hitting and will hopefully make pupils think carefully before becoming involved in dangerous behaviour involving fireworks".
Will the Minister, in discussions with the Scottish Executive, make sure that funding is available so that pupils throughout Scotland can see the play so that misbehaviour involving fireworks is recognised as dangerous?

Mrs. McGuire: The issue of funding projects in Scotland is very much one for the Scottish Executive, and it would be presumptuous of me to attempt to tell them what to do. However, I am delighted to echo my hon. Friend's comments about that production's dramatic approach to firework safety, which I think is the ethic that underpins it. Not only have I heard of the company and its productions but I can tell hon. Members that it is going to Cathkin high school on 31 October, John Ogilvie high school in Hamilton on 3 and 4 November and Earnock high school in Hamilton on 5 November.

Mr. Ian Liddell-Grainger (Bridgwater): The Fireworks Act has been passed, but one of the biggest problems is controlling legislation and making sure that offenders are pursued. In today's papers there is a report of someone who launched a gerbil on the end of a rocket, which shows the mentality of some people in this country. Will the Minister assure the House that, whether they are members of the public or manufacturers, people who break the code will be pursued to the full extent of the law?

Mrs. McGuire: The Government are very much aware of the importance of making sure that firework legislation operates effectively. Like many hon. Members, I read reports of that sickening incident in today's newspapers. Legislation has been in place for a long time to deal with issues relating to the protection of animals. Indeed, as far back as 1912 it was an offence to cause unnecessary suffering to domestic or captive animals through the use of fireworks. I certainly hope that in this and other instances the authorities use the legal protection that is in place to ensure that people are not disadvantaged or discomfited and do not suffer fear or terror because of the abuse of fireworks.

Mrs. Helen Liddell (Airdrie and Shotts): My hon. Friend will be aware that there are proposals for the opening of a fireworks factory in my constituency. Yesterday that was the subject of some disturbing allegations in The Herald. Will she raise with the Scottish Executive the concern of my constituents, which predates yesterday's newspaper report? They fear for public safety and public order, and I ask my hon. Friend to take such action as is available to her so that my constituents can rest easy in their beds at night.

Mrs. McGuire: I read the article in yesterday's newspaper, and I understand my right hon. Friend's concerns. Planning and health and safety issues are involved. I assure her that I will raise the matters that she highlighted with the Health and Safety Executive in Scotland.

October 30 2003

Mr. Harry Barnes (North-East Derbyshire): Has my right hon. Friend seen today's issue of the Yorkshire Post, which carries an article about a serious firework incident in Eckington in my constituency? It seems that a mortar bomb firework was strapped to a rocket and went through a ceiling, seriously damaging a child's cot. It is lucky that Joel Eason was not in the cot at the time, or he could have been killed. My right hon. Friend might remember that on 16 October I raised the matter of fireworks with him at business questions and asked for a statement from the Secretary of State for Trade and Industry in order to implement the Fireworks Act 2003, which was introduced by my hon. Friend the Member for Hamilton, South (Mr. Tynan). The existing legislation should be used proactively to co-ordinate the various agencies involved. We have not had a statement, written or verbal, from the Secretary of State. Such a statement would be welcome, so that my constituents could see what effective action is being taken for the future.

Mr. Hain: I have not had a chance to see the Yorkshire Post, but I agree that the phenomenon--the problem of firework fiends who are terrorising neighbourhoods and individuals--is serious and needs to be dealt with. A case in Llanelli was reported in my local Evening Post. A firework was unleashed through the front window of a pensioner's home and hit her. Three men have been arrested. As my hon. Friend says, that calls for a much more proactive attitude on the part of head teachers, youth workers, the police and local authorities to make sure that fireworks can be enjoyed safely on Guy Fawkes day, rather than the new breed of explosive fireworks that are almost weapons, which are unleashed on neighbours and members of the community. It should be a time when children can enjoy the spectacle of fireworks in safety, not an opportunity to terrorise people.

November 4 2003,

Mr. Tynan: To ask the Secretary of State for Defence on how many occasions, broken down by fire authority, in (a) 2001, (b) 2002 and (c) 2003 to date armed forces bomb disposal teams have been called out to provide assistance where the device has been (i) a firework and (ii) firework related; and what the total cost of such call-outs has been. [135647]

Mr. Ingram: I will write to my hon. Friend and a copy of my letter will be placed in the Library of the House.

Fireworks

Mr. Battle: To ask the Secretary of State for Trade and Industry what steps she is taking to tackle the public use of Chinese fireworks; and if she will make a statement. [135756]

Mr. Sutcliffe: Most fireworks sold to the general public in the United Kingdom originate in China. But whether fireworks are imported or made here in the UK, all which are intended for use by the general public, must meet the requirements of the Fireworks (Safety) Regulations 1997 and the British Standard BS 7114, the safety standard governing the safe construction, testing and labelling of consumer fireworks.
We advise the public, therefore to only buy fireworks marked as complying with "BS 7114 Part 2". Also it is illegal for shopkeepers to sell fireworks to the public which do not meet the requirements of the Fireworks (Safety) Regulations 1997 and BS 7114.

Mr. Tynan: To ask the Secretary of State for Trade and Industry (1) in respect of what (a) weight and (b) number of items of fireworks import licences were granted to Global Fireworks Ltd. (i) prior to 5 April 2002, (ii) between 6 April 2002 and 5 April 2003 and (iii) from 6 April 2003 to date; [135638]
(2) how many import licences for fireworks were granted to Global Fireworks Ltd. (a) prior to 5 April 2002, (b) between 6 April 2002 and 5 April 2003 and (c) from 6 April 2003 to date. [135646]

Mr. Sutcliffe: Licensing controls on imports of fireworks from China applied from 15 March 1994 to 10 March 2003. Licences specified weight of shipment rather than the number of items. The ending of the licensing regime was one of the conditions of China's entry into the World Trade Organisation (WTO). The following licences were issued to Global Fireworks Ltd.:

(a) Prior to 5 April 2002: four licences totalling 103,608 kg

(b) Between 6 April 2002 and 5 April 2003: no licences issued

(c) From 6 April 2003 to date: no licences issued.

Mr. Battle: To ask the Secretary of State for Trade and Industry what steps she is taking to tackle the sale of illegal fireworks through the internet; and if she will make a statement. [135784]

Mr. Sutcliffe: United Kingdom based companies selling over the internet are subject to the provisions of the Fireworks (Safety) Regulations 1997. We cannot legislate for those companies who operate outside the UK. However, we advise consumers to exercise the utmost caution when buying fireworks over the internet from outside the UK. Also it is illegal to supply fireworks in the UK which have not been classified by Health and Safety Executive's Explosives Inspectorate.

Mr. Tynan : To ask the Chancellor of the Exchequer what the role of HM Customs and Excise is in respect of monitoring cargoes of explosives, with particular reference to fireworks, entering the United Kingdom. [135643]

John Healey: As part of the Government's measures to tackle firework misuse, announced in October 2002 by my hon. Friend the Member for Welwyn Hatfield (Miss Melanie Johnson), then Minister for Competition, Consumer Affairs and Markets, Customs advise the Health and Safety Executive of commercial imports of fireworks which are of concern to HSE.
Customs enforce anti-smuggling controls against imports of illicit explosives and have powers to detain on behalf of Trading Standards officers any fireworks suspected of being unsafe.

November 5 2003

PRIME MINISTER
The Prime Minister was asked-

Linda Perham : What are the Government doing to address the concerns of my constituents in Ilford, North about antisocial behaviour and, given the date, the misuse of fireworks in particular?

The Prime Minister: The Anti-social Behaviour Bill will make a big impact, we hope, on antisocial behaviour in local communities by giving the police the powers that they need to tackle that menace. We welcome the new Fireworks Act 2003, which is on the statute book in large measure because of the efforts of my hon. Friend the Member for Hamilton, South (Mr. Tynan). We announced this week that before Christmas possession of fireworks by under-18s in public places will be made illegal and possession of the largest and most powerful fireworks will be outlawed for all members of the public. Fixed-penalty notices will be introduced, with fines of up to £80, for people caught throwing fireworks in the street. In addition, we are considering several new measures in consultation with the industry and others.

November 6 2003

The Secretary of State was asked--

Fireworks

1. Mrs. Joan Humble (Blackpool, North and Fleetwood): What action her Department is taking to enforce safety legislation associated with fireworks. [136674]

The Parliamentary Under-Secretary of State for Trade and Industry (Mr. Gerry Sutcliffe): The safety of fireworks is governed by the Fireworks (Safety) Regulations 1997. Enforcement is the responsibility of the trading standards service. Display and storage of fireworks are controlled by local authorities under the Health and Safety Executive's Explosives Act 1875.

Mrs. Humble : I thank my hon. Friend for that long list of measures, but is not the best way of enforcing the safety regulations to tackle the antisocial behaviour that is all too often associated with fireworks? Will he ensure that those regulations, and the new regulations announced by the Secretary of State, will be strictly enforced to ensure the safety of both people and pets?

Mr. Sutcliffe: I wholeheartedly agree. I think that the House owes a debt to my hon. Friend the Member for Hamilton, South (Mr. Tynan), who introduced the Fireworks Bill as a private Member's Bill. It is important to tackle antisocial behaviour, which is why we are pleased that the regulations will ban under-18s from having fireworks in public places and double the penalties imposed on those throwing fireworks. I think that those measures accord with our strategy to deal with antisocial behaviour.

Malcolm Bruce (Gordon): Does the Minister acknowledge that nowadays there is widespread ignorance as to who Guy Fawkes was? Apparently, the most popular candidates for the bonfire this year are President George Bush and the about-to-be-crowned leader of the Conservative party.
On a more serious note, on the basis of the introduction of the new Fireworks Act 2003--which he commended--will the Minister ensure that the regulations directly target safety issues and the nuisance and distress caused to people and animals in a way that does not needlessly destroy businesses and jobs, and enables people to carry on enjoying fireworks in a responsible manner?

Mr. Sutcliffe: I accept what the hon. Gentleman says about safety. This year's safety campaign concerned sparklers. At first people did not think that appropriate, but last year 80 children were injured by sparklers, which reach a temperature of 1,000° C, 10 times the boiling point of water. They are in fact very dangerous.
We must make sure that schoolchildren and young people are aware of the dangers of fireworks. We need a balance between regulation and ensuring that we do not affect businesses, but the safety issues are important. I am pleased that many local authorities, police forces and fire authorities have worked together to try to get the safety message across.

Mr. Bob Laxton (Derby, North): I hope that the new regulations prove effective. I suspect that the number of complaints about the effects of fireworks has, if anything, been greater this year than in earlier years. If the regulations prove ineffective, what prospect will there be of a total ban on the sale of fireworks other than for publicly organised events?

Mr. Sutcliffe: My hon. Friend is entitled to his view, but I hope that he will join us in trying to ensure that the regulations do work, because they provide for dramatic improvements in safety and reductions in antisocial behaviour. I hope that he will concentrate on that aspect and work with stakeholders in his constituency. Let us see if the regulations work first; if they do not, we shall have to return to the issue.

Chris Grayling (Epsom and Ewell): While there is much to welcome in the Fireworks Act, can the Minister assure us that the Government will not use the section referring to potential licensing to introduce regulations requiring every local primary school, guides group or scouts group that holds an annual display to engage in a complicated licensing process?

Mr. Sutcliffe: I assure the hon. Gentleman that that will not happen. The licensing regime will concentrate on the sale of fireworks. At present there is a registration scheme for shops. The idea is to establish a licensing scheme to prevent any abuse of the rules on selling fireworks to young people.

Fireworks

7. Mr. Andy Reed (Loughborough): What action her Department is taking to tackle antisocial behaviour and nuisance caused by fireworks. [136680]

The Parliamentary Under-Secretary of State for Trade and Industry (Mr. Gerry Sutcliffe): My Department has had discussions with a range of stakeholders, including the fireworks industry, the police and environmental health officers to formulate proposals for regulations under the Fireworks Act 2003 on antisocial behaviour and nuisance matters. Areas covered include the prohibition of air bombs and a curfew.

Mr. Reed : I thank my hon. Friend for that reply. Does he agree that ensuring that we enforce those regulations will be crucial to deciding the future of the firework industry? Constituents continually complain about the noise of fireworks. If we cannot get the issue right in the next 24 months, our constituents will come back time and again to ask for further regulations or even an outright ban on fireworks. Many of us who enjoy peaceful fireworks would not want that to happen. We are not killjoys, but we recognise the real concerns felt by our constituents.

Mr. Sutcliffe: I welcome my hon. Friend's remarks. The firework industry has been very responsible in the work that it undertook alongside my hon. Friend the Member for Hamilton, South (Mr. Tynan). A balance has to be struck between the industry, operating responsibly, and the safety of consumers. The regulations will work and will provide the balance that we need so that people can enjoy the firework season. The regulations will ensure that antisocial behaviour is not accepted.

Mr. Kevin Hughes (Doncaster, North): I welcome what the Secretary of State and the Minister have done so far, but will they go further? We must face the fact that all fireworks are dangerous. In the wrong hands, some of them are dangerous weapons. Is it time to introduce a licensing system, so that only responsible organisations would have a licence to use fireworks because they would do so properly?

Mr. Sutcliffe: The licensing regime is important and that is why it is included in the regulations to be made under the Fireworks Act 2003. However, people must make sound judgements. Fireworks are explosives and are dangerous. We need a balance between what people enjoy--safe firework displays around bonfires or for Diwali--and ensuring that people know how to use fireworks. That is why the regulations will say that people must be trained in the safe use of particular fireworks. It is a question of balance and the regulations are appropriate. I hope that they will work and that my hon. Friend will welcome them.

Mr. Eric Illsley (Barnsley, Central): Is my hon. Friend aware that in some situations antisocial behaviour with fireworks borders on acts of terrorism? In an incident in my constituency, a powerful firework, packed with nuts and bolts and other shrapnel, was detonated in a telephone box, parts of which blew into a housing estate. Such fireworks need to be banned before serious injury is caused by those people, not necessarily under-18s, who use them to cause criminal damage.

Mr. Sutcliffe: My hon. Friend really does point to a serious issue and the dilemma that we face. If we ban fireworks completely, we will be faced with illegal and home-made fireworks. They could cause all sorts of damage to the individual using them and to others in the community. It is a question of balance, but we hope that the antisocial behaviour orders will stop youngsters under 18--who are the main culprits--misusing fireworks.

Fireworks

Tony Cunningham: To ask the Secretary of State for the Home Department what measures are being taken to halt the illegal importation of fireworks, in particular through the internet. [136958]

Mr. Sutcliffe: I have been asked to reply.
Talks are already under way between DTI and the principal Departments that deal with importation and storage issues, that is, Customs and Excise and HSE, respectively.
The Department, under the new Fireworks Act 2003, will bring in a raft of measures by the summer of 2004 and which will include a requirement on importers to provide information about their imports. The purpose of this would be to better track fireworks imports to help ensure that they are destined for legal (licensed) distribution and supply outlets.

Fireworks

Mr. Gardiner: To ask the Secretary of State for Trade and Industry what plans she has to launch a public awareness programme after the introduction of the fireworks regulations. [136286]

Mr. Sutcliffe: A communication strategy to make those affected aware of the new regulations is in preparation and will be finalised when the timing and details of the regulations are decided.

Mr. Gardiner: To ask the Secretary of State for Trade and Industry what discussions her Department has had and plans to have with (a) police forces and (b) local authorities about the implementation of the new fireworks regulations and their enforcement. [136287]

Mr. Sutcliffe: The Department has had preliminary discussions on fireworks regulations both to come into force before the end of the year and those regulatory proposals scheduled for implementation later on, in 2004.
Specifically, with respect to (a), discussions have taken place on the powers required by the police to enforce possession offences under the Act; and, (b), on the role of local authorities in setting up the requisite machinery for the planned national curfew on firework use, which will be a part of the raft of measures to come into force in 2004.
We will continue consultations and discussions on all proposed regulations in the coming months.

Mr. Bailey: To ask the Secretary of State for Trade and Industry whether it is her policy that the sections of the Fireworks Act 2003 which concern anti-social behaviour and fireworks should be in force by Christmas. [135922]

Mr. Sutcliffe: The Department will implement two provisions of the Fireworks Act 2003 by the end of this year--those concerned with the anti-social use of fireworks. Those are:
a prohibition on the possession of fireworks in public places by those under the age of 18; and
a prohibition on the possession of category 4 fireworks by the general public.
Other aspects of the Act concerned with both supply and other anti-social behaviour issues we intend to implement by the summer of 2004.

Fireworks

Mr. Battle: To ask the Chancellor of the Exchequer how many illegal fireworks have been seized on entry to the UK at the port of Hull in the last 12 months for which figures are available. [136356]

John Healey: 17,400 fireworks weighing approximately 3.5 tonnes have been seized at the port of Hull in the 12 months to 31 October 2003.

November 10 2003,

Fireworks

Mr. Tynan: To ask the Secretary of State for Work and Pensions what the total capacity of facilities in the United Kingdom licensed by the Health and Safety Executive to store greater than one tonne of fireworks or related explosives was at 1 October. [134587]

Mr. Browne: The total licensed storage capacity for fireworks at sites licensed by the Health and Safety Executive is 19,177 tonnes. This figure represents the net mass of the explosive contained in the fireworks. This storage capacity is sufficient to hold fireworks with a gross weight in excess of 76 thousand tonnes.
In addition, local authority licensed stores holding more than one tonne (gross) have an estimated capacity of 5,000 tonnes (gross).
Explosives licensing in Northern Ireland is a matter for the Northern Ireland Office.

Mr. Tynan: To ask the Secretary of State for Work and Pensions how many explosive storage sites, capable of storing what quantity of explosives, were licensed by the Health and Safety Executive and other appropriate bodies in respect of Global Fireworks Ltd. (a) prior to 5 April 2002, (b) between 6 April 2002 and 5 April 2003 and (c) from 6 April 2003 to date. [135639]

Mr. Browne: Global Fireworks Ltd. did not have HSE-licensed storage facilities during any or these periods.
Licensing of explosives stores in Northern Ireland is a matter for the Secretary of State for Northern Ireland. We understand that there were no explosives storage facilities licensed or registered in the name of Global Fireworks Ltd. during this period.
Smaller explosives stores are licensed or registered by local authorities. Registers of these storage facilities are maintained by local authorities. There is no central database of licensed stores and this information could be provided only at disproportionate cost.

Mr. Tynan: To ask the Secretary of State for Work and Pensions what steps are taken by the Health and Safety Executive to ensure that consignments of fireworks entering the United Kingdom are taken to a licensed storage site. [135640]

Mr. Browne: The storage of fireworks is regulated by HSE in partnership with local authorities under the Explosives Act 1875. Anyone storing fireworks illegally will be liable for be prosecution.
HSE works with local authorities and Customs and Excise to verify whether firework importers have licensed storage facilities in Great Britain. The evidence from these checks is that the overwhelming majority of fireworks imports declared to Customs and Excise are being imported by firms with licensed storage available to them.

Mr. Tynan: To ask the Secretary of State for Work and Pensions how many prosecutions were commenced by the Health and Safety Executive for illegal (a) transportation and (b) storage of explosives in each of the last five years. [135641]

Mr. Browne: The information is in the following table. All the prosecutions were successful with the exception of the two prosecutions in the current year which are pending. This table does not include cases in the current year that are still under investigation. Prosecutions by HSE for illegal transport or storage of explosives
Transportation Storage
1999-2000 -- 2
2000-2001 2 --
2001-2002 1 --
2002-2003 -- --
2003-2004 1 1
Total 4 3

Mr. Tynan: To ask the Secretary of State for Work and Pensions what quantity of fireworks was seized by the Health and Safety Executive in each of the last five years. [135642]
Mr. Browne: The Health and Safety at Work Act only provides powers to seize fireworks in cases where there is imminent danger. There have been no such cases in any of the last five years.
Where the fireworks do not present an imminent danger the Health and Safety Executive will serve an enforcement notice requiring the owner to arrange for the fireworks to be removed to a legal storage place. The information in the table gives the number of enforcement notices issued over the last five years.
Where there are concerns over the safety of the fireworks HSE will work with the local authority to arrange for the fireworks to be dealt with safely and where necessary for enforcement action to be taken by the local authority under the Firework Safety Regulations 1999.
In addition to requiring the removal HSE will also prosecute where there is sufficient evidence of illegal storage (or other breaches of the legal requirements).

HSE Enforcement Action on illegal fireworks storage Enforcement notices
1999-2000 0
2000-2001 1
2001-2002 0
2002-2003 0
2003-2004 5

November 12 2003,

Fireworks

Mr. Woodward: To ask the Secretary of State for Trade and Industry what the Government's estimate is of the number of Chinese bomb fireworks imported into the United Kingdom in each of the last four years. [137975]

Mr. Sutcliffe: The information requested is not available because the system of classification used to record trade does not separately identify Chinese bomb fireworks.

Fireworks

Mrs. Iris Robinson: To ask the Secretary of State for Northern Ireland how many individuals have been charged with (a) selling fireworks illegally and (b) other fireworks offences in 2003. [137798]

Jane Kennedy: The Police Service of Northern Ireland, whose responsibility it is to enforce the fireworks regulations, do not centrally collate statistics on persons charged with selling fireworks illegally or other offences in respect of fireworks.

November 13 2003

PETITION

Mr. Andrew Rosindell (Romford): I rise on behalf of my constituents Joanne and John Sifleet of Riversdale road in Collier Row, Romford. A horrifying incident took place at their house on the evening of 5 November, Guy Fawkes' night. The daughter of Mr. and Mrs. Sifleet cheated death when, just after 8 o'clock, a massive firework smashed through a double-glazed window and exploded in a room that she had occupied only a few minutes earlier.
Joanne Sifleet and her husband John were sitting downstairs when a mammoth firework ripped through the upstairs bathroom window, devastating everything in its path. Their daughter Chloe, a pupil at the local Clockhouse infants school in Collier Row, had been in the bathroom only minutes before. Luckily, she escaped injury, having left the bathroom to join her sister Gemma, 4, in another room upstairs. As reported in the local Romford Recorder newspaper, her mother said:
"We heard this almighty bang . . . the kitchen ceiling started to fall down. We raced upstairs and I could hear my children screaming, 'We don't want to die, Mummy.'"
Clearly, that was a horrific incident for any family to endure. After it, Mr. and Mrs. Sifleet immediately organised a petition among residents of the Collier Row and Romford area. The petition was collected last weekend and contains well over 100 signatures.
The petition states:
To the House of Commons:

The Petition of the residents of Romford and the Collier Row area

Declares that "Display Fireworks" and imported non British Standards Fireworks have become such a nuisance to the general public that their sale and illegal importation must be restricted.

The Petitioners therefore request that the House of Commons urges the Secretary of State for Home Affairs to introduce Legislation which will ban the sale of "Display Fireworks" to the general public and stop the import and sale of non British Standard Approved fireworks.
To lie upon the Table.

November 17 2003

Fireworks

Mr. Woodward: To ask the Secretary of State for Trade and Industry what methods the Government use to monitor the distribution, from ports of entry, of imported fireworks. [138003]

Mr. Browne: I have been asked to reply.
There is no routine monitoring of the distribution of fireworks from the port of entry.
The storage of fireworks is regulated by HSE in partnership with local authorities under the Explosives Act 1875. Anyone storing fireworks illegally will be liable to prosecution.
HSE works with local authorities and Customs and Excise to verify whether firework importers have licensed storage facilities in Great Britain. The evidence from these checks is that the overwhelming majority of fireworks imports declared to Customs and Excise are being imported by firms with licensed storage available to them.

Fireworks

Mr. Woodward: To ask the Secretary of State for the Home Department (1) what the estimated cost was of the misuse of fireworks not sold in retail outlets and not used in organised displays in each of the last four years; [138002]
(2) what estimate she has made of the criminal damage caused by Chinese bomb fireworks in each of the last three years. [137976]

Ms Blears: This information is not held centrally. However, Merseyside Police estimate they have spent £500,000 dealing with fireworks incidents so far this year. The recent use of fireworks as improvised explosive devices in the North-West is of particular concern.
Fireworks misuse is a nuisance and can be a danger to the public. That is why, on 5 November 2003, we announced our intention to introduce a package of measures banning possession of fireworks by under 18s, banning possession of display fireworks by members of the public and increasing penalties for throwing fireworks in the street. Further measures tackling fireworks nuisance will be taken forward in the New Year.

November 19 2003

Fireworks

Mr. Lyons: To ask the Secretary of State for Trade and Industry what action she is taking to prevent misuse of fireworks. [117395]

Ms Blears: I have been asked to reply.
I apologise for the delay in replying.
The Police and Criminal Justice Act 2001 introduced fixed penalty notices for disorder--letting-off of fireworks in a public place is one of the offences covered by the scheme. In addition the Department for Trade and Industry introduced a voluntary agreement with the firework industry from January 2003 preventing the supply of airbombs. The Government also supported the Private Member's Bill introduced by my hon. Friend the Member for Hamilton, South (Mr. Tynan), which received royal assent on the 18 September and which will allow more effective controls on fireworks.

Fireworks

Ross Cranston: To ask the Secretary of State for the Home Department pursuant to his answers of 16 December 2002, Official Report, column 640W, on fireworks, and 28 January 2003, Official Report, column 754W, on crime reduction, when he expects to place the findings of the exercise on crime and disorder reduction partnerships and their implications for nuisance and noise associated with fireworks in the Library; and if he will make a statement. [127181]

Ms Blears: I will write to the hon. Member and place a copy of my letter in the Library.

December 11 2003

Written Questions for Answer on Thursday 11 December 2003

Ross Cranston (Dudley North): To ask the Secretary of State for the Home Department, when he expects to place the findings of the 2002 exercise on crime and disorder reduction partnerships and their implications for nuisance and noise associated with fireworks in the Library; whether he has conducted a similar exercise for 2003; and if he will make a statement.

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