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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 17 July 2025
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Displaying 1537 contributions

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Meeting of the Parliament (Hybrid)

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 3

Meeting date: 23 June 2022

Katy Clark

Amendments 35 and 36 would enable local authorities to designate an area as a firework control zone in which fireworks could not be used by any person, as no person or organisation would be exempt. That means that fireworks would be banned and nobody, whether they were part of a professional organisation or an individual, would be able to use them. I believe that that is what many people who have been campaigning for fireworks reform are looking for.

I appreciate that the Scottish Government has taken heed of the arguments that were made at stages 1 and 2 and has added the provision that private operators will not be exempt within the proposed firework control zone. That is stronger than what was in the bill previously, but it still means that public displays will be permitted within those areas. I ask the minister to elaborate on that and to clarify what the definition of a public display will be.

My amendments stipulate that fireworks would effectively be banned in any area that the local authority designated as a control zone. That could be a small area, it could be a number of streets or it could be in the vicinity of a particular facility where the use of fireworks is likely to cause concern. Organisations such as the Scottish Society for the Prevention of Cruelty to Animals, the Blue Cross, the National Autistic Society and the Scottish Community Safety Network support the amendments. I think that that speaks to the harmful impact of fireworks, whether they are used at a public display or set off by a private operator or, indeed, an individual.

I ask the cabinet secretary to explain why the bill does not contain provision for local authorities to take such action, given the extensive concerns that have been raised by communities. Of course, I completely understand the reasons why people might want public displays. The minister said at stage 2 that public displays foster community spirit and bring people together, and I agree with that, which is why the amendment does not propose an outright ban. Displays would still be possible outwith the areas where local authorities had designated that they should not be used.

I move amendment 35.

Meeting of the Parliament (Hybrid)

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 3

Meeting date: 23 June 2022

Katy Clark

The intention of my amendment 36 is to enable local authorities to use their discretion. Situations in which such a ban might be appropriate would perhaps be near a facility that is run by Combat Stress, where there are veterans who might be distressed by fireworks; near a post-traumatic stress disorder care facility; and near an animal rescue centre or stables. Surely, there is a case for a complete ban when a council feels that that is appropriate in the particular circumstances.

Meeting of the Parliament (Hybrid)

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 3

Meeting date: 23 June 2022

Katy Clark

I am grateful to the minister for her further clarification. However, it is clear that the current legislative framework has not been effective, which is why the various campaigners have been campaigning for the ability to have a complete ban. I think that having such a wide definition of public events as the minister described, whereby the organisations need to be established and the events must be open to the public, reinforces the argument that local councils need to be able to intervene, using their discretion and their knowledge of local communities, and must have the ability to say that there should be no fireworks use by any organisation in specific areas. Therefore, I will press amendment 35.

Meeting of the Parliament (Hybrid)

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 3

Meeting date: 23 June 2022

Katy Clark

That is correct. [Applause.]

Meeting of the Parliament (Hybrid)

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 3

Meeting date: 23 June 2022

Katy Clark

Not moved.

Meeting of the Parliament (Hybrid)

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 3

Meeting date: 23 June 2022

Katy Clark

Of course, Presiding Officer. [Interruption.]

Amendment 2, by agreement, withdrawn.

Meeting of the Parliament (Hybrid)

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 3

Meeting date: 23 June 2022

Katy Clark

Indeed, I agree with the convener of the Criminal Justice Committee. As I have already said, some individuals will apply for a licence and will not use fireworks for the rest of the year. The issue is whether the licensing scheme will effect the culture change that the cabinet secretary has spoken about; I plan to move on to that after I have taken this intervention.

Meeting of the Parliament (Hybrid)

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 3

Meeting date: 23 June 2022

Katy Clark

I am grateful to the minister for her comments. It is my intention to press amendment 5 and to move amendment 34 but not to move amendment 33. I outlined the differences between the amendments and the nature of amendment 5, which would change the process to an affirmative procedure, and of amendment 34, which lays out a more detailed procedure that would give the committee time to look at the matter in detail. I wish to press amendment 5.

Meeting of the Parliament (Hybrid)

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 3

Meeting date: 23 June 2022

Katy Clark

The two sets of amendments in group 4 would enhance the parliamentary scrutiny that would be required for any secondary legislation, particularly the licensing scheme.

Amendment 5 would change the process so that the regulation-making powers in part 2 of the bill that are subject to negative procedure would instead be subject to affirmative procedure. Amendment 34 goes further and sets out that the Government would have to lay draft regulations that would be brought before the Scottish Parliament via a pre-laying procedure. That would require the Government to lay a draft of the regulations before Parliament and that the Scottish Government be required to seek the views of the Criminal Justice Committee on the terms before finalising the regulations. It would also require the committee to have the opportunity to play a meaningful role in undertaking effective scrutiny of those regulations, should it wish to do so.

As has been said, the committee raised significant concerns about the bill and the licensing scheme. The reason for the amendments in this group is simply to enhance the parliamentary scrutiny that would be required, given the complexities of the licensing scheme, which I have outlined, and the potential risks, given the way in which such schemes have operated in other countries, particularly Northern Ireland and Italy, where there are similar schemes.

It is imperative that there are ample opportunities not just to consult stakeholders but to ensure that there is sufficient debate and scrutiny by members of the Parliament. At stage 2, the minister suggested that affirmative procedure would not be a good use of parliamentary time. I disagree with that. These are issues that require proper scrutiny so that the legislation, particularly the licensing scheme, functions well, particularly given the risks of a black market that were raised with the committee. Those risks need to be addressed and have been a feature in other countries.

As I said, amendment 34 goes further than the other amendments in the group by requiring the superaffirmative procedure, which requires the committee’s involvement.

The bill is complex. There is a lack of detail in relation to the licensing scheme, and it could have been much more simple. For that reason, I believe that it is appropriate that there should be effective scrutiny should further regulations be proposed.

I move amendment 5.

15:45  

Meeting of the Parliament (Hybrid)

Portfolio Question Time

Meeting date: 23 June 2022

Katy Clark

To ask the Scottish Government what discussions it has had with the Convention of Scottish Local Authorities and Unison following the balloting of thousands of the trade union’s members working in schools and nurseries over pay. (S6O-01268)