National Campaign for Firework Safety

The Deputy Presiding Officer (Mr George Reid): The final item of business today is a members' business debate on motion S1M-2822, in the name of Shona Robison, on the sale and use of fireworks. The debate will be concluded without any question being put. Members who wish to contribute to the debate should press their request-to-speak buttons now.
Motion debated,
That the Parliament notes the results of the survey carried out by the Scottish Society for the Prevention of Cruelty to Animals in which almost 98% of people supported tighter restrictions on the availability of fireworks; recognises that there has been a large increase in the problems caused for both people and animals by the irresponsible use of fireworks; is concerned that the voluntary code of practice for the sale of fireworks is frequently disregarded, and considers that the Scottish Executive should do everything in its power to tighten up on the regulations relating to the sale and use of fireworks and, in particular, should review the powers available to local authorities in respect of vendor licensing.
17:05

Shona Robison (North-East Scotland) (SNP): The Atomic Warlord is "Like a nuclear holocaust as this 112 shot barrage vents its might and ferocity."  The Midnight Thunder is a "25 shot, very very loud air bomb. Not for the weak hearted. Available for under £8."
Those are examples of sales pitches that irresponsible retailers use to encourage people to buy fireworks. People market and sell fireworks by promoting their explosive capacity and there are increasingly frequent reports of fireworks being used as weapons. Some of those fireworks are bombs by another name. For example, the Black Cat firework, which weighs 21lb, has a greater velocity than many mortar bombs. The advice is that it should not be detonated within 80ft of a structure.
In a recent survey carried out by the Scottish Society for the Prevention of Cruelty to Animals, 70 per cent of community councils that had received complaints about fireworks reported complaints of fear and anxiety among humans. That is no wonder when, for example, Corkerhill community council in Glasgow cited problems of
"fireworks in letter boxes, stuffed in milk bottles, thrown under police cars."
Bus services in Glasgow were discontinued during the build-up to bonfire night because bus drivers were being threatened with, among other things, fireworks. However, those fireworks can be bought
easily at retail outlets. The ease with which such weapons are sold under the guise of fireworks and their availability to anyone, including children, must be reviewed at the earliest opportunity.
I am raising the issue in our Parliament in response to many complaints and concerns from constituents and community groups in my area and throughout Scotland about the misuse of fireworks. I put on record my thanks to the SSPCA for its support and valuable research on the problems that are caused by the irresponsible use of fireworks.
Clearly, the misuse of fireworks causes huge distress to thousands of people. Last year, 89 people were injured by fireworks and had to have hospital treatment for those injuries. Thousands more are inconvenienced and disturbed by fireworks being let off in their street.
We also know of the effect of fireworks on domestic and wild animals. The SSPCA's research shows that, last year, 8,000 animals received veterinary treatment for firework-related injuries. The research also shows that 100 per cent of community councils that had received complaints about fireworks reported incidents of fear and anxiety in animals, that 28 per cent of them reported injury of pets and that 40 per cent of them reported attacks on animals.
The firework problem is getting worse. Over recent years, the SSPCA has received an upsurge in letter and phone complaints. It seems that 2001 was a watershed, as there was a significant increase in the use and abuse of fireworks last year. The traditional firework season gets longer and longer and fireworks can now be bought all year round.
The current legislation on fireworks is not working. Fireworks are regularly sold to people under 18, despite the fact that that is against the law. The voluntary code of practice for the sale of fireworks is frequently ignored. It is supposed to restrict the sale of fireworks to the three weeks before 5 November or to other festival times. However, the SSPCA today purchased three rockets called War of the Worlds--12 June does not strike me as a particularly well-known festival day, unless one is an English football fan. I heard of a firework outlet that had four times the permitted amount of fireworks in stock. The fireworks were removed but the shop was back in business the next day because the local authority lacked the appropriate powers.
The public want something to be done about fireworks now, as the recent SSPCA survey confirms--98 per cent of those asked said that they supported tighter restrictions on the sale and use of fireworks. Scotland's councils also want something to be done and two thirds of the local authorities expressed a willingness to review or support changes to fireworks regulations.
What can be done? I know that some people support a complete ban on fireworks, but I think that that would be difficult to enforce and would lead to a black market in illegal fireworks. It would be more effective to encourage a more responsible use of legal fireworks with a more effective range of controls over use and supply. No one wants to be a party-pooper. Fireworks that are properly handled--preferably at an organised display--can be good fun. However, I believe that the Scottish Executive should, as a minimum, review the powers available to local authorities in respect of vendor licensing.
That proposal is supported by a number of Scotland's councils and I am pleased that it has also drawn the support of the police organisations in their submission to the Convention of Scottish Local Authorities fireworks task group. The submission calls for the tightening up of the legislation governing sales, retailers, possession and premises. Specifically, it states that there has to be stringent vetting of sellers to ensure that those applying for a certificate are of good character. It also states that more cognisance needs to be taken of previous convictions for related offences by persons applying for a certificate and that applicants for a certificate should be required to show need before being granted a certificate. At present, there are no controls over the number of retail outlets that sell fireworks in an area. In Paisley, for example, there are 62 certificates in force, which seems rather excessive to me.
A vendor licensing scheme could do all that and could be introduced through an amendment to section 44 of the Civic Government (Scotland) Act 1982. If we wait for Westminster to do something, we could wait for ever. Time and again, private members' bills to address the problem have been introduced at Westminster. Two more private members' bills are scheduled to have their second readings at the end of the month. However, because of their low place on the list, they are unlikely to be dealt with.
I welcome the establishment of the COSLA fireworks task group and I hope that, when it reports in October, it will back the idea of a licensing scheme for vendors and put its weight behind persuading the Scottish Executive to press ahead in implementing such a scheme.
My motion has been signed by members of all but one of the political parties in the chamber. It would have been nice if members of all parties had signed it. However, I know that people such as John Young have taken a keen interest in tightening up controls on fireworks. If there is the political will in the Parliament, something can be done about the problem. I do not want to have a constitutional debate on the matter; I want action. I suspect that that is the view of the vast majority of the Scottish public.
I look forward to hearing what the minister has to say and trust that he will offer some hope to the thousands of people whose lives are made a misery by the misuse of fireworks.
17:13

Marilyn Livingstone (Kirkcaldy) (Lab): I thank Shona Robison for bringing this debate to the Parliament. As she said, each year many members receive letters from constituents about fireworks safety issues. My constituents in Kirkcaldy certainly send me them. The representations primarily refer to disturbances caused by the irresponsible use of fireworks or the apparent sale of illegal fireworks.
The irresponsible use of fireworks is of great concern to me and is probably the most difficult issue to deal with. The motion calls on the Executive to
"tighten up on the regulations relating to the sale and use of fireworks and ... review the powers available to local authorities in respect of vendor licensing."
I whole-heartedly support that.
The sale of fireworks is covered by consumer protection legislation, which is a reserved matter. However, I know that the Government is aware of the depth of public feeling on the noise and nuisance caused by fireworks, which affect all UK citizens, and I understand that discussions with enforcement authorities and the industry are on-going at a UK level. That is to be welcomed.
It is pertinent that this debate is taking place today. As Shona Robison mentioned, the COSLA task group is to hold its third meeting tomorrow in Cumbernauld. The task group draws its members from the far north of Scotland, the central belt, the Borders and across Scotland and assesses the nature of fireworks problems across the country. The SSPCA, the fire service and the police are all participants in the group. Tomorrow, a representative of the fireworks industry will give a presentation to the group. As Shona Robison said, the group will report back--on 22 August, I believe--and I look forward to hearing its findings.
The establishment of the group is a signal to the public of the concern of elected members and of our determination to seek workable solutions. Anyone who witnessed the Queen's jubilee celebrations or the European cup final at Hampden--dare I mention football?--will appreciate the pleasure that can be derived from well-organised fireworks displays.
I agree with Shona Robison that a complete ban would be unworkable. It could drive the problem underground, which would be detrimental. In any case, fireworks can be bought over the internet or from abroad. The question is more about keeping tighter controls.
Under the British Pyrotechnists Association's voluntary code, fireworks should be sold only in the three weeks before 5 November. Although that code has some effect, it is not working across the board. Most of the complaints that I receive about fireworks concern incidents that have taken place outwith November, and certainly late into the night.
I thank the SSPCA for its briefing. The statistic that, in 2001, 8,000 animals required veterinary treatment because of fireworks is, to say the least, unacceptable. We have a duty to support all our citizens and domestic and wild animals. With the best will in the world, our ability to reduce firework abuse lies in our ability to control their availability.
The public expect tighter controls in the use and sale of fireworks. This debate will demonstrate that we share their views and that, with cross-party support, we hope to progress the issues to reach workable solutions.
17:16

Tricia Marwick (Mid Scotland and Fife) (SNP): I congratulate Shona Robison on securing this evening's debate. The issue has attracted her attention for a long time and she should be congratulated on her pursuit of it.
I declare an interest: my birthday is on Guy Fawkes day--now members know when to send me presents. When I was young, I was given fireworks as my birthday present. By that I mean that my father used to set them off in the garden. It took me until I was about nine years old to realise that I had been cheated. My present went up in smoke, whereas everyone else's presents lasted at least a few days.
The problem of fireworks is indisputably getting worse. The voluntary code is simply not working. Shona Robison mentioned the proposal for a licensing scheme, which could ensure tighter restrictions on sales. There has to be a greater restriction on what vendors can do. The idea of vendor licensing has been supported by police and local authorities.
Let us consider how the names of fireworks have changed: we now hear about Atomic Warlords, Midnight Thunders and Superblitzknall rockets. In our day, we just had Catherine wheels and rockets. The new names suggest the extent to which the power of fireworks has increased; as their power has increased, so has the danger to many people.
We know that people with learning difficulties, people with mental illness and old folk can be absolutely terrified by the bangs from the fireworks that we have these days. Things are bad enough in the three-week period leading up to Guy Fawkes day; at least when we hear a big bang then we know that there is a good chance that it is a firework. It is the use of fireworks outwith that three-week period that is causing the most distress. I am sure that some old folk must wonder what is happening when fireworks go off at 10 o'clock at night.
Much more needs to be done and I look forward to hearing the minister's remarks. The issue has cross-party support, because we have all been contacted about it by our constituents, who are extremely concerned. It is now beyond the time when the Executive should have taken action on the matter.
17:19

Dr Sylvia Jackson (Stirling) (Lab): I thank Shona Robison for securing this members' business debate on an important subject. The issue is a continuing concern for the cross-party animal welfare group--and since I took over as convener of the group, we have not been short of topics, such as the Protection of Wild Mammals (Scotland) Bill.
As members have said, no one has anything against the well-organised events that have been held during the jubilee celebrations. The problems arise when people become terrorised because fireworks are being used inappropriately. We need to curtail such inappropriate use.
Frank Roy, the member of Parliament for Motherwell and Wishaw, who is hoping to bring about changes to legislation at Westminster, has said:
"Fireworks are getting more powerful and are often used as weapons."
Shona Robison made the same point. There have been reports of telephone boxes being blown up and people's windows being blasted by rockets that youngsters have fired. Today, a member of the SSPCA managed to obtain three such rockets, which we displayed outside the chamber. As Tricia Marwick said, it is clear that the voluntary code is not working.
Reports confirm that the most vulnerable, particularly the elderly, are at greatest risk. The cross-party animal welfare group is also concerned by the effect of noise from fireworks on animals. The SSPCA survey of vets indicates that, in 2001, 8,000 animals received treatment because of fireworks. As Shona Robison said, 2001 seems to have been a particularly bad year. Thirty-three per cent of the vets who responded to the survey reported serious cases, ranging from ones in which animals became aggressive and destructive to ones in which animals were killed in road traffic accidents. So the reports go on.
There is no doubt that there is popular support for greater regulation. A number of petitions have been submitted. I know most about the petition from Frank Roy, but I gather that the Dundee Labour party is also drawing up a petition. John McAllion may want to speak about that.
What do we need to do? Frank Roy suggests that we restrict the sale of fireworks to limited times, that we have a strict new licensing regime for shops and that we ensure that fireworks displays are run by licensed operators. However, those are UK proposals and may take some time to implement. What else can we do? The cross-party animal welfare group wrote to Melanie Johnson, the Parliamentary Under-Secretary of State for Competition, Consumers and Markets, to ask her whether fireworks could be removed from the Explosives Act 1875. She replied:
"Regulation of the safe manufacture and storage of fireworks are health and safety matters which are reserved to Westminster and are the responsibility of the Health and Safety Executive (HSE). Even if the requirements controlling these areas were to be removed from the Explosives Act, any replacement regulations would remain reserved matters."
That is the Government's conclusion.
Another option is to change the Civic Government (Scotland) Act 1982. Will the minister indicate how that act could be amended to deal with the issues that Frank Roy has set out in his petition and is pursuing at UK level?
17:23

John Young (West of Scotland) (Con): This has not been my day. First, the rain wiped away all the notes for the speech that I intended to make today. Secondly, I could not find my briefing papers. Finally, my pen gave out, so I was not able to finish my replacement notes.
Shona Robison is to be congratulated on lodging the motion that we are debating today. However, only between 16 and 18 MSPs are present in the chamber, which is little more than 13 per cent of the total.
Shona mentioned the dreaded Black Cat firework, which has the velocity of a mortar bomb. Some years back, following the Dunblane tragedy, gun clubs and their weapons were made subject to stringent restrictions. Some of the fireworks that are now on sale are even more dangerous and can cause more deaths in one act than those weapons.
Westminster jealously retains control of firework regulations at UK level, but I believe that the Scottish Parliament should control such legislation in Scotland. I do not know whether I am allowed to say that, but I will say it anyway. Seventy per cent of community councils have received complaints about fireworks. Twenty-four per cent reported injury to humans and 20 per cent reported attacks on humans. The SSPCA veterinary survey mentioned that 8,000 animals in 2001 received treatment for firework injuries.
The many dodgy fireworks that are imported from Asia are a problem. HM Customs and Excise have said repeatedly that there are not enough officers to control and investigate traffic of such fireworks. Local authorities tend to take little or no action on complaints and the police have so many additional problems that they tend to downgrade problems with fireworks.
Sylvia Jackson mentioned the Explosives Act 1875, which is totally out of date and should be reviewed tomorrow or next week. To let it drag on as it has done would be ridiculous. In east Renfrewshire fireworks tend to start at the end of August and go on until the end of January. Last year in Mike Watson's constituency of Glasgow Cathcart hooligans set fire with fireworks to garages between two inhabited tenement blocks. They then ambushed the fire officers by firing rockets at them. It was also reported that on the same night hooligans fired rockets at suburban trains. Members can imagine the possible loss of life and damage that could have resulted from that.
Anyone who pays £12 to the trading standards office of the appropriate local authority can get a licence. Storage can be fiddled--this is my last point. A maximum of 1,000 kilos of fireworks are allowed to be stored in a shop, but the shopkeeper can also store 1,000 kilos in his house for his use and can give three friends 1,000 kilos each for their use. That is the sort of abuse that is going on day in, day out.
17:26

Paul Martin (Glasgow Springburn) (Lab): I welcome Shona Robison's motion and her commitment that this issue will not turn into a constitutional debate. That is important, because the issue affects every constituency throughout Scotland.
I am one of the party-poopers. I support a complete ban on the sale of fireworks, because I believe that it is the only way in which we will be able to deal effectively with the issue. I appreciate many of the points that Shona Robison and others have made about the need to control vendors and the sale of fireworks on the black market. However, if members were to visit the Barras market in the Gallowgate in Glasgow at any time of the year they will find that a black market for fireworks already exists.
We will deal effectively with the issue only if we put more resources into organised fireworks displays, which many people demand, but which we have failed to deliver effectively in the past. The feeling that I have picked up from many of my constituents is that if we were to invest in fireworks displays on 5 November--Tricia Marwick's birthday--they would not feel the need to provide a fireworks display in their back garden.
Although we have many happy memories of fireworks evening, things have moved on over the years. The ingredients of fireworks are extremely explosive and that is what many complaints are about. We need greater control. I would like to hear from the minister what information we have received from Westminster about how we will control the ingredients of the fireworks.
We have to address the way in which shopkeepers promote fireworks in the elongated period in the run-up to Guy Fawkes night. We can buy fireworks for a small sum of money in comparison with what we would have paid 10 or 15 years ago. We are not necessarily talking about local shopkeepers, but major public limited companies that sell fireworks for extreme profit. We should consider the way in which they control the sale of those items.
I have kept my comments brief. As one of the party-poopers, I have to say that we will never be able to control the situation unless we consider a complete ban on the sale of fireworks. We should ensure that there is maximum investment in providing local displays in a controlled environment. We should ensure that the companies that sell fireworks, such as Asda and other major outlets, invest in local displays some of the profits that they make from the sale of fireworks. Perhaps they could invest in fireworks displays if we go down the road of a complete ban.
17:30

Donald Gorrie (Central Scotland) (LD): Until I became an MP, I did not realise that fireworks were a problem. An active group in Pilton in west Edinburgh pursued the matter vigorously with me. The group is still pursuing the matter, and Margaret Smith and the local MP, John Barrett, are still trying to help it. The group told me frightening stories about the hazard caused by fireworks to humans and animals, stories about kids who threw fireworks from the top of tower blocks on to the people below and through the windows of neighbouring tower blocks, causing great fear and mayhem. People in Falkirk have raised the same sort of problem with me in my role as an MSP.
Previous speakers have covered the point that the issue of fireworks is mainly reserved. However, we can try to take certain steps in Scotland. We should also explore the possibility of a reverse Sewel motion: whether there is a way in which we could co-operate with Westminster and bring together in the same bill areas that are under our powers and those that are under Westminster's powers.
Personally, I support the proposal for much tighter regulation. It is reasonable for people to have well-run local firework parties, but perhaps an arrangement could be established through which they had to register their party with the police or the council, simply in order to say that they were having one. We need to stop the casual misuse of fireworks by young people, which terrifies humans and animals.
Fireworks have become much noisier. In my youth, they sparkled nicely, but now there are big bangs, even in the official fireworks display that is held at the end of the Edinburgh international festival, during which the fireworks are very loud indeed. Loud fireworks terrify people and animals, whereas, on the whole, nice sparkly things do not. We have to regulate the parties at which fireworks are used, and we should enforce much more rigorously the regulations on the sale of fireworks, as retailers should not be able to sell them to young people. It should be an offence, in my view, for an adult to buy fireworks in order to pass them on to young people.
If we can bring together the ideas that have been proposed during the debate and if the minister does what he can and co-operates with Westminster, between us we may be able to solve the problem.
17:33

Linda Fabiani (Central Scotland) (SNP): Like all the previous speakers, I have been lobbied hard by local groups, such as the Newhouse Residents Association and the East Kilbride crime prevention panel--which was quite vociferous on the issue--on the sale of fireworks. Sale of fireworks is a big issue for individuals and groups. It is not just about high spirits, misguided youngsters and incidents that take place around bonfire night. Shona Robison alluded to the fact that fireworks can also be used in a deliberate and sustained campaign of intimidation and for other extremely offensive purposes.
As Paul Martin said, if fireworks are used properly in appropriate displays, most people can enjoy them. I received a letter from Councillor Diane Williamson of Falkirk Council, who put it better than I could:
"No one wants to be a killjoy or put obstacles in the way of local firework displays that are organised and supervised. What we need to target is fireworks getting into the hands of irresponsible individuals who glory in creating mayhem and misery for others, usually those who are unable to fight back."
That is the particularly sad aspect of the problem--those who are targeted are generally "unable to fight back."
We must consider what we in Scotland can do to help to solve the problem. We cannot ban the public sale of fireworks, because that is a reserved matter, although there is a view that we should lobby Westminster for such powers. We cannot wait for Westminster to act. Two private member's bills are going through Westminster but, because of timing, they are unlikely to come to fruition. However, we can take the action that is suggested in Shona Robison's motion; we can review the powers that are available to local authorities in respect of vendor licensing.
I do not accept the Scottish Retail Consortium's view that the current powers of enforcement are sufficient and merely require better policing. It is absolutely ridiculous that a premises licence costs only £12 per annum. It is also ridiculous that councils cannot refuse to issue a certificate and, as Shona Robison said, are generally powerless to act in cases of overstocking. Overstocking can create a huge problem, although this country has not experienced anything as serious as what has been experienced in other countries. In Peru for example, which I visited last year, special shops are set up for people who make and sell fireworks that are used in a big celebration in Peru. Just after I came back, one of those shops blew up. Hundreds of people in down-town central Lima were killed or injured simply because fireworks are totally unregulated. That is an example of what can happen when things go badly wrong.
In conclusion, fireworks are a public safety issue, which the Parliament can address in some measure. I ask the minister to consider seriously the terms of Shona Robison's motion.
17:36

Mr John McAllion (Dundee East) (Lab): I congratulate Shona Robison on securing this important debate, which I hope will make a valuable contribution to the growing country-wide campaign for the introduction of tighter regulation of sale and use of fireworks. That campaign is run not only by groups such as the SSPCA, local authorities and community councils, but by political parties throughout the country.
As Sylvia Jackson rightly said, the Labour party in Dundee has been out in the streets asking people what they think. We used a system whereby we drew up a card that gave four options. The city's two MPs, Ernie Ross and Iain Luke, will take the cards with them to Westminster and continue their campaign down there. The first of the four options was that only licensed displays of fireworks would be permitted and no private sale or private use would be allowed. Of the more than 600 people who responded, 84 per cent went for that option. The second option, which was for tighter licensing of the sale and use of fireworks, was thought to be the best option by 12 per cent of the people. The third option was for a public inquiry on fireworks, but only 2 per cent went for that. Only 1 per cent wanted no change and opted for the status quo. Although that survey looked only at a small section of the population in Dundee, it gives an indication of the way that the wind is blowing as regards public opinion in that city.
I am not sure what Paul Martin meant when he said that he was in favour of an outright ban--nobody has supported that. Allowing only licensed displays would still allow fireworks to be used for the public's enjoyment. That is important because fireworks are used not only on Guy Fawkes day, but for the Chinese new year, which is celebrated by a significant community in Scotland. The Chinese new year celebrations are almost dependent on the use of fireworks. We cannot outlaw the enjoyment that the Chinese community gets from those traditional fireworks displays. Similarly, many of our councils promote fireworks displays. During Dundee's octocentenary, the council organised a massive fireworks display on the Tay bridge, which was very good. Edinburgh's Hogmanay, which is meant to be one of the ways in which Scotland sells itself, is dependent on fireworks displays. Nobody wants to ban fireworks displays altogether. The question is how we control fireworks displays in the future.
Like Tricia Marwick--although I do not know how old she is--I can remember the days back in the 1950s, when the use and sale of fireworks was almost exclusively private and personal. Families would gather round the back court where there would be a small bonfire and the fireworks were always used under adult supervision. If there were big civic displays in those days, word of them did not get to working class areas such as Springburn--although they probably were not for us anyway.
Back in those days, an important factor was that the local shops were part of the local community. Our local shop was called Duncan's shop. He knew everybody in the community and would not dare to sell fireworks to children who were under age or were not authorised to have them. Nowadays, that is not the case. As Shona Robison said, there are now completely new kinds of fireworks, which shopkeepers are prepared to sell illegally to under-age people. If they have stock left over after Guy Fawkes day, they sell the fireworks at half price.
Fireworks are powerful instruments and are becoming instruments of street terror against many of the most vulnerable people in society. I do not care whether Westminster or Holyrood takes the credit, but I want action and so do the people of Scotland. We want something to be done now. I hope that the minister will address that in his response.
17:40

The Deputy Minister for Enterprise, Transport and Lifelong Learning (Lewis Macdonald): I congratulate Shona Robison on securing the debate. Scottish ministers are aware of and acknowledge the concerns about inappropriate use of fireworks.
Many of those concerns are expressed in letters that we receive from members of the Scottish Parliament and from members of the public. The effect on animals is a recurring theme in that correspondence. Therefore, I am not surprised that the SSPCA has found that most people who called it about the effect on animals support tighter controls over use of fireworks.
The sale and supply of fireworks is the core of the issue. As has been said, that is a consumer protection matter and is therefore reserved to the UK Government, which ensures a uniform approach throughout Great Britain. Consequently, the Department of Trade and Industry receives even more correspondence than we do. However, the Scottish Executive still plays a role.
Members are aware that the last comprehensive review of controls on fireworks by central Government was undertaken in 1996. It concluded that a total ban on fireworks for private use would be unworkable and that it would lead to a black market in fireworks and to uncontrolled production and sale of home-made devices, which might be more dangerous than some of those that have been described today.
We all recognise the role of fireworks in family and cultural celebrations. I understand Paul Martin's view and it is worth re-emphasising that all fireworks must comply with BS 71124. Part 2 of that standard was updated in 1998 to acknowledge some of the changes in the market. The introduction of the Fireworks (Safety) Regulations 1997 aimed to improve the safety of fireworks that are supplied to the public, and to reduce and control the levels of disturbance and noise. Since 1997, there have been new controls on the kinds of large and powerful fireworks that can be sold to the general public and there has been a prohibition on the sale of all fireworks above a small size to anyone under the age of 18. Where there is evidence that a retailer has breached that requirement, the retailer should be reported to trading standards officers. The supply to the general public of any large fireworks, such as aerial shells and maroons, should be reported.
A number of other pieces of legislation--including Scottish legislation--are relevant. Section 1 of the Protection of Animals (Scotland) Act 1912 makes it an offence to cause unnecessary suffering to any domestic or captive animal. It has been mentioned that several thousand animals have suffered; it is clear that they would be covered by that legislation. The penalty on conviction of such an offence is a fine of up to £5,000, imprisonment for up to six months, or both. Enforcement of that section rests with trading standards officers, the police and the SSPCA.

John Young: Has the minister received any information from trading standards officers on anyone's being convicted and receiving the maximum penalty of £5,000?

Lewis Macdonald: That is a very good question. I will investigate the conviction rate and write to Mr Young with the information. The point is that the opportunity for enforcement exists. In our view, it should be used.
The Environmental Protection Act 1990 provides measures that can be taken to deal with the disturbance that is caused by noise. Environmental health officers should judge whether enforcement action is necessary. The Explosives Act 1875 has been referred to as governing legislation. Again, fines of up to £5,000 can be imposed on people who let off fireworks in a public place.

Tricia Marwick: I have listened to the minister's list of potential penalties but, in reality, nobody has been convicted or fined. It is all very well to say that environmental health officers are responsible for dealing with noise, but the bombs go off, the people who are responsible disappear and there is no way that the legislation can be enforced.

Lewis Macdonald: I acknowledge the difficulties of enforcement, but it is important that the powers that exist be used. This debate gives us the opportunity to encourage those who are responsible for enforcing the legislation to use their powers.
Let me move on to discuss areas of change. It is important to note that under the Explosives Act 1875, retailers must be registered with local authorities in order to store fireworks. As Shona Robison and others said, there is no current requirement that those retailers should be of good character in order to be registered. The Health and Safety Executive has reviewed the application of the 1875 act in that regard. One suggestion is the introduction of a requirement that the award of a storage licence should require a retailer to be a fit and proper person. That consultation closed only a few days ago. I hope that Scottish councils will have taken the opportunity to make their views known in response to that.
There is a voluntary code and several speakers have mentioned the fact that the code is not observed to the degree that we all wish. The DTI has asked the industry to examine levels of compliance and the overall effectiveness of the agreement. We support that approach.

Marilyn Livingstone: The minister referred to the role of local authorities. The view of Fife Council on the operation of firework regulation is that the Civic Government (Scotland) Act 1982, which is currently under review, allows licensing arrangements to be introduced for certain activities. Fife Council's view is that that act could be amended to address the specific issue in Scotland and that a ban on the sale of fireworks, except for licensed or organised displays, might be possible under the legislation. Will the minister comment on that?

Lewis Macdonald: I intend to address that point in a moment.
Members mentioned a specific firework--the air bomb--which causes particular distress and noise. The industry has agreed to end the supply of air bombs as soon as stocks are used up. I hope that air bombs will no longer be available for public sale or be used by the end of the year. More must be done and that is the message that has been put across from all quarters today.
I welcome the announcement earlier this year by Melanie Johnson, the DTI minister, that she is considering what action can be taken within existing legislation to address the remaining problems. There are a significant number of legislative areas and policies that impact on the sale and use of fireworks. We need to consider what can be done to improve their enforcement and effectiveness. There is a mixture of reserved and devolved measures and local authority trading standards and environmental health officers already have a range of powers at their disposal, as do the police. We need to consider what better use can be made of existing powers.
Shona Robison, Sylvia Jackson and Marilyn Livingstone spoke about the powers that are available to local authorities in respect of vendor licensing under the Civic Government (Scotland) Act 1982. The current review of the act deals only with reserved areas and therefore does not include fireworks. However, section 44 of the act provides ministers with the power to introduce additional licensing activities by way of regulations.
We would have to look very carefully at any proposals to use those powers, but we will consider that in the context of the work that is being undertaken by the DTI and Melanie Johnson.

Dr Jackson: Will the minister give way?

The Deputy Presiding Officer: The minister must finish.

Lewis Macdonald: I am aware that I have almost run out of time.
We will also take into account the conclusions of the Convention of Scottish Local Authorities task group. We will keep in close touch with the work that is being undertaken by DTI and we will ensure that all devolved issues are taken fully into account, including the powers that are available to local authorities.
We acknowledge that there are no simple solutions to the problem, but the Executive will play a full part, working with colleagues at Westminster and in Scottish local government, in finding the right way forward.
Meeting closed at 17:48.