Chamber and committees

I agree with the member that we have a serious problem that needs to be addressed, and we will be looking at the amendments during the afternoon’s proceedings. It is quite clear that we need to tackle that problem. The issue that I am bringing to the chamber’s attention is that the licensing scheme is not the method for doing that, nor is it the way to tackle the problem of antisocial behaviour.

The bill does not ban the use of fireworks. It allows for professional organisations to have firework displays anywhere in Scotland, all year round. Those professional organisations do not have to apply for a licence. Local authorities will not oversee the ability of professional organisations to have public displays. I will be speaking to an amendment later that seeks to give councils the power to ban all fireworks in certain areas, including those that will be lit by professional organisations. However, the bill restricts the ability of individuals to buy or use fireworks in Scotland for much of the year, so that it will be a criminal offence to buy and use fireworks during specific periods of time—I am not suggesting that that should change.

Under the bill, it will be possible to buy fireworks on only 37 days of the year, which will include the firework season, bonfire night, new year, Chinese new year and Diwali. It will be possible for individuals to use fireworks legally on 57 days around the same period. It is likely that law-abiding citizens will fall foul of those provisions, and that they will use fireworks on the wrong day. The bill states that the individual needs to buy a licence to use or to buy fireworks. There is no doubt that, if the bill as drafted becomes legislation, law-abiding citizens will take steps to acquire a licence and will use fireworks only if they have that licence.

However, there is a significant problem with the antisocial use of fireworks in Scotland, and it is unlikely that people who fall into the category of misusing fireworks will apply for a licence. Those people are more likely to obtain fireworks on the black market, which could develop a trade for fireworks to be available from unregulated sources. That is what has happened in a number of other countries where similar schemes have been introduced. In the Criminal Justice Committee, there was much discussion about people buying fireworks out of the backs of white vans.

If we look across Europe, we see that restrictions were brought in in Italy in 2015, but there is no sign that the significant antisocial and dangerous use of fireworks in that country has been impacted. There is evidence of illegal fireworks factories, with large quantities of illegal fireworks and explosives being seized by authorities. Indeed, in spite of those regulations, it was reported in January 2021 that, following the new year, which is the biggest fireworks event in Italy, 79 people were injured and a huge number of birds were left dead. Sky News Italia reported on 1 January 2022 that, on new year one year later, in spite of bans that had been brought in in some cities, 124 people were injured; 31 people were hospitalised, of whom 14 were seriously injured; and there were 20 minors among the victims.

In the Republic of Ireland, fireworks have been banned, but that has not addressed the antisocial use of fireworks, where stockpiling and the illegal use of fireworks are significant problems. In Northern Ireland, a licensing scheme has been introduced, but there is significant evidence of the unlawful use of fireworks that have been illegally imported.

As I said, the bill makes it a criminal offence to buy or use fireworks outside specified days, which will stay in place whether there is a licensing scheme or not. The issue is what the benefits are of having a licensing scheme, as set against the risks of a black market, with people buying from unregulated sources that are less likely to comply with safety and industry standards.

Indeed, and another feature, as the member knows, is that very few fireworks convictions are being taken through the courts, despite the fact that there are thousands of complaints each year.

The two main reasons, as I understand it, that the Scottish Government gives for a licensing scheme—and the minister will come back to comment on this, obviously—are that it is an attempt to shift the culture around fireworks in Scotland and that anyone who applies for a licence will be required to undertake an online training course.

I agree that there is definitely a need to shift the culture around fireworks. We have a significant problem with the antisocial use of fireworks, including fireworks being used as weapons against emergency services workers and others; pets and other animals often being distressed; and particular problems being caused for specific groups such as those with autism.

We need to change the culture; the issue is whether a licensing scheme of this nature will do so. There is no doubt that it will prevent some people who would set off fireworks in their gardens from doing so, which I think is the point that Audrey Nicoll was making, but the risks of a growth of a black market are probably more significant.

I agree that there is a strong argument for training and I would support robust face-to-face training for those buying fireworks on how to handle them, but there is no suggestion that that is being proposed here—

Of course.

This is an enabling piece of legislation; it will allow the Scottish Government to introduce a licensing scheme by delegated legislation. Any licensing scheme needs proper scrutiny by this Parliament and, for that reason, I ask for support for all the amendments in the group.

We know that the creation of these restrictions is likely to lead to the demise of specialist fireworks shops, which currently provide advice and guidance, and we believe that the creation of this licensing scheme has the potential to create more problems than it solves.

I move amendment 2.

I do not really have time to take an intervention. I am happy to take interventions but I do not think that there is time.

Scottish Labour is prioritising, and is saying to the Parliament that we should prioritise, this particular action, given that we see it as one of the priorities that we should be setting.

We already know that there are many good examples of councils that are taking steps to address the issue. For example, as has already been mentioned, while it was under a Labour administration, North Ayrshire Council brought forward flat rate charges regardless of income to include meals at homes and telecare. As has been said, earlier this week, West Dunbartonshire Council unveiled an ambitious cost of living plan that includes ending non-residential social care charges and which would put more than £1 million back into the pockets of some of the most vulnerable people.

We know from SPICe that the cost of removing charges would be in the region of £51 million, and we already know that charges for services that are not considered to be free personal care vary tremendously across Scotland, with different councils having very different charging policies.

The national care service will address many of those issues, but as we also all know, it will be a number of years before any national care service is in place. The debate is about what we can do in this financial year, within the budgets that exist, that will help people who are in real need and support some of the most vulnerable against a backdrop of a massive cost of living crisis. I ask colleagues to support the motion.

The debate is, of course, about what we can do now given the challenge that we face, to support some of the most vulnerable in society with the level of reserves that sit with health and social care partnerships. There seems to be a consensus across the chamber that there should be a removal of non-residential social care charges, which have sometimes been called a care tax, but the debate seems to be about when that should happen.

We need an extensive debate about the Scottish Government’s proposals for a national care service. I remind Gillian Martin and others that, as proposed, it will be a centralised service. I have campaigned for a national care service but the national care service that I campaigned for would be a not-for-profit care service that respects the role of local government.

That is not primarily what the debate is about. We know that there has been a slashing of care practices, that care charges are an issue, and that there has been a withdrawal of respite care. The motion proposes an end to all non-residential social care charges in the current financial year. It is not about the future configuration of care in Scotland, but it is about priorities and what we think that the Parliament should be prioritising.

The negative impact of Brexit on Scotland and on the whole of the UK is clear, as is the Conservative Government’s failure to work with all the devolved institutions. Will the cabinet secretary outline what he can do to ensure that legislation on matters such as agricultural subsidies, for which it is clear that there is devolved responsibility, is brought before this Parliament as soon as possible? What work is being done on how, for example, public procurement will be affected, and what legislation can this Parliament enact?

The Sheku Bayoh inquiry, which, of course, relates to a police-related death, started taking evidence seven years after Sheku Bayoh’s death. It is currently in the first of four stages, and I understand that it may take four years to report. How will the cabinet secretary ensure that the recommendations of that substantial inquiry are implemented?

Are other crimes beyond drug driving affected by the issue? I understand that, in November, the Government paid to outsource 30 per cent of testing to commercial forensic services, to allow about 900 drug driving cases to be dealt with. Is that a long-term solution or is it the plan to return to an in-house service?

On a point of order, Presiding Officer. My app did not work. I would have voted yes.

A land-based tax would be lawful, and I hope that we come back to that debate. I look forward to debating the member on that specific issue in future.

A number of reports have indicated the types of taxes that are within the powers of the Parliament. The Scottish Trades Union Congress, in a joint report with the Institute for Public Policy Research Scotland, listed a number of areas that we could be looking at, including local inheritance tax, local payroll tax, fair work supplements on business taxes, local income tax and carbon taxes.

I hope that, in coming debates, we seriously engage with those suggestions and that the Scottish Government comes forward with proposals on how we meet the massive challenges of the coming years.