Chamber and committees

Presiding Officer, I apologise for not being present at the beginning of portfolio question time. I was late returning from a committee visit.

To ask the Scottish Government what steps it is taking to improve the effectiveness of fatal accident inquiries into deaths in custody. (S6O-01060)

Scottish Labour is at one with the Scottish Government in wanting action to be taken on the antisocial misuse of fireworks and on the need for a cultural shift. However, as Pauline McNeill outlined, we have serious concerns about some of the detail—and, indeed, the lack of detail—in the bill, which has been rushed through on a truncated timescale. Many of our concerns are outlined in the Criminal Justice Committee’s report, which Audrey Nicoll has spoken about in detail.

The licensing scheme is to be introduced through secondary legislation. Our concern is that there is a real risk that there will not be proper scrutiny at that stage, given that it will not be possible to amend regulations. I would be grateful if the minister could speak not just on the engagement with stakeholders in the consultation on the regulations, but on the involvement of politicians in the chamber, whose role is to ensure that the detail of legislation is correct and that we do not introduce bad law.

Most people who use fireworks do so responsibly, and they will want to comply with the legislation. However, as has been pointed out by more than one member, they could inadvertently fall foul of the legislation. That said, the main problem, as we see it, is the use of fireworks by people who probably will not comply with the licensing system and probably do not comply with the criminal law. The focus needs to be on how the legislation will impact on that group.

We know that there are health and safety concerns about the use of fireworks, even when they are used responsibly, and we know that the misuse of fireworks has a dangerous impact on local communities and specific groups. Many members have spoken about that. Stuart McMillan and Siobhian Brown spoke about the impact on veterans and refugees, in particular, and others spoke about the impact on people with autism. Collette Stevenson spoke about the impact on emergency workers, and others spoke about the impact on the people who discharge the fireworks themselves. We know that there is a real human health cost in the use of fireworks—indeed, one national health service board put the cost of dealing with firework injuries at £40,000 a year. Members have also spoken about pets, wildlife and farm animals being adversely affected by fireworks.

Scottish Labour supports many aspects of the bill—in particular, the creation of new offences such as that of proxy purchase—which is why we support its general principles. However, we have major concerns that the bill will not necessarily make the situation better, particularly given the lack of enforcement of the legislation that is already in place. A number of members have spoken about that.

Earlier this month, we finally received the Crown Office and Procurator Fiscal Service data on that, and we found out that there were no convictions last year, despite the fact that many hundreds of firework-related incidents are reported each year. There have been very few convictions—a number of members have spoken about that. That must be because Police Scotland and the Crown Office are not giving the enforcement of the existing fireworks legislation the priority that I believe the Parliament would want them to give it. Before the bill was introduced, we should have had far more detailed information on the context of that disparity and on how existing legislation is used. As they stand, the proposals are complex and bureaucratic, and they will confuse the public—in particular, the law-abiding public.

The licensing scheme will require people to take a course, but we do not need a licensing scheme to require that.

I would be happy to do so, but I suspect that I do not have time. I apologise.

If a person is really determined to use a firework or pyrotechnic illegally, they will do so. That is the meat of what the Criminal Justice Committee considers regularly. We need to ensure that the Scottish Government produces a bill that has the right details and will not create bad law. Our fear is that the proposals that are before us require substantial amendment and that there simply will not be enough time at the next stage to enable that amendment to take place.

I was going to ask the minister about that, because some members have indicated that they believe that it is outwith the scope of this Parliament to ban fireworks. My understanding is that this Parliament could not ban the sale of fireworks but does have powers in relation to banning and restricting the use of fireworks. I fully understand that we do not have the full range of powers that could be used in relation to fireworks.

As I say, the main concern about the bill is that it will bring in complicated rules that, in reality, will not work. John Mason spoke about control zones and argued for having no-firework zones, and I agree that that needs to be considered. My understanding is that the Scottish Parliament could make the whole of Scotland a no-firework zone should it wish to do so. No doubt, the minister can come back to that legal point in due course.

The licensing scheme must be workable and effective. If the public see it as being confusing, unworkable or unaffordable, they will not comply with it. As Martin Whitfield outlined, there are real risks that a black market in fireworks will emerge as a result of the bill. The minister has said that there is not much evidence of a black market in Scotland at the moment, but we know that one emerged in the Republic of Ireland when it banned fireworks.

I will ask about drafting and the importance of having precise wording in any legislation that we consider, which I suspect this committee will do in detail in due course.

The same debate is happening in many other jurisdictions—unfortunately, it is not just a Scotland-wide problem. Have you considered the debates that are happening in other countries, and what options did you look at with regard to how the legislation could be drafted? You specifically use the terms “prejudice” and “contempt”.

What advice would you give the committee on how we can ensure that the legislation is as robust as possible and that it covers as many scenarios as possible, which may mean a longer definition with different options? How should we be looking at these issues? Is there anything in particular that we might want to look at to make sure that the legislation is usable and makes a difference?

I am happy to come in later.

Almost half a billion pounds was cut from the legal aid budgets between 2007 and 2019, so any increases since 2019 do not compensate for that scale of cuts.

As the minister knows, the dispute relates to domestic abuse cases. Does she agree that such cases can be complex and time consuming, that solicitors are raising legitimate concerns, and that the dispute undermines the Government’s strategy on violence against women and girls?

It is clear that there have been multiple failings relating to the contract and that islanders—particularly islanders on Arran this week—are paying the price. Does the minister not accept that any review cannot be delayed and that there must be a full investigation, conducted independently of ministers?

To ask the Scottish Government when it last met with the Convention of Scottish Local Authorities and Police Scotland to discuss safe access for all women to clinics and hospitals. (S6O-00982)

Last week, at the end of 40 days of continuous demonstrations, there were 100 anti-abortion protesters outside the Queen Elizabeth university hospital’s maternity unit. Does the minister accept that women and the workforce are being harassed and that urgent action is needed to bring that type of behaviour to an end? Does she accept that we need to know that action is being taken urgently and that steps will be taken to ensure that such protests cannot continue? Will the Scottish Government have the courage to introduce Scotland-wide legislation to create buffer zones?