Chamber and committees

Some victims of sexual assault have said that they feel like criminals in the trial process. I welcome the commitment in “The Vision for Justice” to improve communication with complainers through having a single trauma-informed source of contact. Can the cabinet secretary confirm that that will be treated with some urgency by the Scottish Government? Would he also consider the inclusion of some legal representation in that process? One thing that concerns me is that a person needs to have an understanding of the legal system when they talk to victims and complainers. Katy Clark and I have been proposing that measure.

First, I have a quick supplementary question on the data.

You will have heard that the committee is keen to pursue the issue of the data. The culture change that you talked about relates to the general public, but some people are behaving antisocially and using fireworks as weapons. Therefore, I hope that you agree that we need to scrutinise whether we are using existing powers to act against those who will clearly not be applying for licences, given their antisocial behaviour.

I will ask Elinor Findlay about the example of Pollokshields. I have been involved with the Pollokshields community because I am a Glasgow regional MSP. No action was taken in Pollokshields, which is also the evidence that we had from the industry. I have tried to get to the bottom of the matter with the Crown Office, but I have failed to do so.

Pollokshields is one of the communities in which this is an issue—fireworks are being thrown at members of the emergency services, and they are being used dangerously. A serious question for the Crown Office is why are there no prosecutions? If we cannot see the information, or if it does not exist, or if prosecutions are not happening, there is a danger that we might miss the target. Elinor, are you aware that there have been no prosecutions in Pollokshields, and could you pursue the matter? I certainly will do so, but it would help if you could also ask about it. If the evidence that you gave to Jamie Greene is correct and the matter is being taken seriously, that question needs to be answered. Do you agree?

Thank you. I take the point that the system is different, but we had powerful evidence from the industry about concerns that people will turn to the black market. I have a serious concern that we will not have any control over that. That sparks safety concerns. You have probably heard the same evidence. What do you think of that evidence, and do you have any concerns that people will turn to more white vans that might turn up in the streets, because they will not have to get a licence if they do that? They probably think that they are just setting off a few fireworks. The safety checks will not be there. Do you have concerns about that?

Thank you.

I have a quick supplementary to Rona Mackay’s line of questioning.

Minister, you said clearly that you would not want the cost of a licence to be prohibitive. I think that there would be a big difference between £20 and £50, given the cost of living crisis, so it would be useful to know when that information becomes available. I might not be so concerned about a charge of £20, but a charge of £50 would concern me, as I think that, in these times, it would definitely be prohibitive for a lot of families.

Would you expect the police to act against the individual if they did that?

I accept that, but you will be aware that people in white vans turn up in those communities to sell illegal fireworks.

I want to scrutinise the licensing scheme. I support what the Government is trying to achieve but I have the same concern as other members, which is that the scheme might miss the target.

Last week, industry representatives told us about Northern Ireland, which has a population of 1.85 million and where 515 licences were issued. The suggestion was that the people who should be applying for licences were not doing so. If those figures were extrapolated to Scotland, there would be around 1,500 licences, but 250,000 fireworks are bought in Scotland each year. You can see the issue.

I have been trying to get my head around the legislation. I think that I understand it. You are talking about a culture change. Ordinary families and individuals may misuse fireworks, which are not illegal. That is where the concern comes from. They do not realise that the noise can disturb animals or children with autism. That would be dealt with by the licensing scheme. How confident are you that people or families who want to set off fireworks will sit down to apply for a licence and pay the £20, £30 or £50?

I just want to be clear in my mind about how the bill would work. There are 37 days when people would be allowed to set off fireworks. Does that mean that it would be an offence if someone set off fireworks in their back garden on another day? I am hearing a yes to that.

In evidence last week, someone who was representing the retail trade—I think that Jamie Greene mentioned this earlier—talked about the growing desire to set off fireworks for gender reveals, big birthdays or whatever. Personally, that fills me with dread, to be honest. I support the Government’s view that we need a culture change and that setting off fireworks every day of the year causes a nuisance.

I just want to be clear that it would be a police reporting matter if someone’s neighbour set off fireworks outwith the 37 days. Would that be a reportable offence?

Good morning. Thanks for your evidence. I found it powerful, but I have a number of questions. I will confine this set of questions to establishing what you think the extent is of the problem of antisocial behaviour.

Maybe all of us are agreed that the problem that we are trying to solve is misuse of fireworks. Andy Hubble’s written submission talks about section 80 of the Explosives Act 1875 and about Pollokshields, which I have an interest in because I am a Glasgow member. I have spoken to representatives in Pollokshields, where fireworks are clearly a massive nuisance—not just in November, but at other times of the year. In your submission, you say that “no action was taken.” I have been trying to establish that with the Crown Office and Procurator Fiscal Service and have, as yet, been unable to do so. Where did you get your evidence that no action was taken?

Can I ask a final question as well?