Chamber and committees

The Bella centre community custody unit became operational on 1 August 2022. There are currently nine women residing in the unit with further women being assessed for eligibility to transfer to the Bella centre in the coming weeks.

The Bella centre is an example of the Government’s implementation of the transformational change to which the member referred. Women imprisoned in Scotland often present with a number of complex and interconnected needs. Broadly speaking, they disproportionately experience physical and psychological problems, which are frequently exacerbated by substance misuse, often as a result of traumatic events experienced in childhood or as adults. Through the Scottish Government’s vision for justice in Scotland, we will continue to dedicate work within the justice sector to ensuring that women get the help that they need. We remain absolutely committed to making improvements to the justice system that will benefit and empower women throughout that system.

The women’s justice leadership panel, which I chair, has been established to address gender equality and improve women’s experiences within the justice system. That panel has been examining a range of experiences of women as victims and offenders in a range of different settings, including policing, community justice, the criminal and civil courts, tribunals and prisons. We hope that its work will promote the development of strategic outcomes that can guide and enhance the scope and uptake for gender-competent policy making and the design of justice policies that can go further to help women and achieve our vision for justice in Scotland.

The Scottish Government has established a justice recovery fund of £53.2 million in 2022-23, which is supporting the courts and the wider justice system to recover from the impact of the pandemic.

Action taken to address the backlogs—including the creation of 16 additional courts—is having a positive impact on court throughput. The total number of scheduled trials outstanding has reduced each month in 2022 and has fallen by more than 7,400 since the start of the year. We are also reforming the use of remand and are ending the placement of under-18s in young offenders institutions.

The decision to deprive a child of their liberty is for the independent courts. We are clear that that should be a last resort and that the child in that situation should be in secure care. That is why we are committed to ending the placement of under-18s in young offenders institutions, which we will do through the forthcoming children’s care and justice bill.

I understand that there have been improvements for under-18s on remand in young offenders institutions, including access to vocational training and the realignment of a full-time inclusion officer to work with individuals to reduce social isolation and encourage participation in activities. However, I note the member’s interest in the issue, and I suggest that he might like to meet the minister in charge of the bill to discuss his concerns in more detail with her.

Thank you, convener, and good morning. As the convener said, the committee has before it the draft Scottish Tribunals (Listed Tribunals) Regulations 2022. This is a relatively straightforward set of regulations that amends the Tribunals (Scotland) Act 2014 to insert the Council Tax Reduction Review Panel in the list of tribunals that can be found in schedule 1.

The 2014 act created a new, simplified statutory framework for tribunals in Scotland by establishing the Scottish tribunals, bringing together existing tribunal jurisdictions and providing a structure for any new jurisdictions.

The valuation appeal committees, the Council Tax Reduction Review Panel and certain functions of the Lands Tribunal for Scotland are to be transferred into the Scottish tribunals on 1 January 2023. Schedule 1 to the 2014 act sets out the bodies that may transfer into the First-tier Tribunal for Scotland. Although the valuation appeal committees are listed in that provision, the Council Tax Reduction Review Panel is not. The regulations rectify that.

I understand that the Delegated Powers and Law Reform Committee considered the regulations on 7 June and that it raised no points relating to them, but I would be happy to answer any questions that the committee may have.

I will turn now to some of the contributions that we heard this afternoon.

I am afraid to say that the Conservatives’ speeches were quite dismal. I thought that their tone was entirely wrong, and that they are quite out of step with the support that has been shown for the bill by the public and the many stakeholders that support the provisions in the bill.

Predictably, the point about the black market was raised again during the debate. As I have said on many occasions, displacement was fully considered during the development of the proposals. I did not think that it was a compelling argument then and I do not think that it is one now. It is like saying that people will circumvent laws on alcohol or air weapons, so we should not have any restrictions. It is a nonsensical argument. If we were going to take that approach, there would be no public safety legislation at all, and I am not sure that that is quite what the Conservatives are suggesting should be the case.

Willie Rennie raised some pertinent examples of why the bill is needed, and he asked me about keeping the law under review if the bill is passed this evening. I can give that assurance to the chamber. The provisions will be kept under review, they will be monitored and they will be updated if that is found to be required.

Audrey Nicoll highlighted the support of clinical associations for the bill, and she mentioned the serious nature of many of the firework injuries that those organisations have to deal with.

Maggie Chapman highlighted the negative impacts of fireworks on pets, wildlife and the environment. I also agree with her assessment of the limitations and, often, compromises that are involved in drafting legislation in our devolved settlement, which is something that seems to have escaped the Conservatives entirely.

I agree with Stuart McMillan, who spoke movingly of things that he had seen and witnessed in Greenock, and of the support that this legislation would be shown by the public in his constituency.

As members will be aware, a range of stakeholders have expressed support for the bill. That includes the Scottish Fire and Rescue Service, Police Scotland, the Scottish Society for the Prevention of Cruelty to Animals and the National Autistic Society, among many others. Just last week, a coalition of seven medical institutions, including the British Medical Association and the British Burn Association, wrote to me to express their support for the bill. Their letter highlights that they welcome the legislation and believe that it will ensure that, although fireworks will still be able to be enjoyed, that can be done more safely and more responsibly. I was particularly struck by the sobering observation that was made by the president of one of the associations, who said that, if the new legislation prevents just one severe burn or one mutilating eye or hand injury, it will all have been worth while. I agree.

If Parliament passes this bill today, we will be taking a significant step towards reducing the harm, the stress and the injuries that can be caused by fireworks and pyrotechnics.

I know that the safety and wellbeing of the people of Scotland is something that all members, regardless of our party affiliations, will agree is of prime importance and is a worthy aim to be united in working towards. For that reason, I invite members to agree to the passing of the bill.

Will the member take an intervention?

I want to pick up on Katy Clark’s point about banning fireworks, or having the ability to do so. I believe that we have been over the matter several times. Does she accept that I have repeatedly explained, both at committee and in the chamber, that Scotland does not have the power to ban fireworks?

I thank members for participating in the debate. In my opening speech, I shared the stories of a few people in Scotland whose lives have been changed for ever because of horrific firework and pyrotechnic-related injuries. Sadly, that is merely the tip of the iceberg of the wide-ranging distress and harm that the people of Scotland experience due to fireworks and pyrotechnics.

I draw members’ attention to the fact that Eleanor Robertson, who is the senior clinical research fellow in burns and plastic surgery at Glasgow royal infirmary, joins us in the public gallery. She is joined by Amy McCabe, whose son was badly injured by a firework incident and is a campaigner on the issue. I thank them for joining us.

Throughout extensive consultation and engagement, we have heard from thousands of people about how their lives have been, and continue to be, impacted by fireworks being used in their communities. I have no doubt that many members in the chamber have heard similar views from their constituents. As their elected representatives, we all know that we need to be able to look our constituents in the eye and say that we are doing everything that we can to protect them from such harm.

It is important to highlight that, although issues around fireworks misuse featured strongly during consultation, it was clear that the sporadic and unpredictable use of fireworks was also problematic. One heart-breaking example that I was recently made aware of concerned the untimely passing of a much loved family dog due to fireworks. The story was shared with me last month, which is by no means firework season. Loud fireworks were suddenly set off one weekend. The dog was so frightened that he managed to escape and was last seen on train tracks. The community rallied together to find him and reunite him with his owners but, sadly, his body was found the following day.

As I have previously stated, the bill is not a panacea, but it is a crucial step in the culture change that I am committed to progressing alongside wider actions—such as education and awareness raising—to keep people, animals and communities safe from the harm that can be caused by fireworks and the misuse of pyrotechnics.

I am pleased to open the final debate on the Fireworks and Pyrotechnic Articles (Scotland) Bill. I thank the Criminal Justice Committee for its detailed scrutiny of the bill and the stakeholders who have engaged in and helped shape it.

Without the protection that the bill provides, many people and animals will continue to be deeply affected by the use—and deliberate misuse—of fireworks and pyrotechnics.

Earlier this month, I met national health service staff from the Scottish national burns centre at Glasgow royal infirmary. The harrowing accounts of injuries that were caused by fireworks and pyrotechnics tragically reinforce why the bill is needed. It is of extreme concern that, without the additional restrictions that are proposed by this bill, people will continue to suffer life-changing injuries and many of them will require months of physical and psychological aftercare.

The first account that I heard was of a young man who, following a pyrotechnic explosion, had severely and permanently disfigured his hand. As he was a tradesman, the long-term impact of that was severe, and he had to undergo years of intensive therapy to return to employment.

The second account was of an innocent bystander—a young person at school—who sustained a serious burn injury on their arm due to a pyrotechnic being set off in a crowd where it was difficult to get away from the device. They were about to sit school exams, and it was a crucial point in their life. After their injury, they had to overcome physical and psychological issues to allow them to continue with their schooling.

The third account was of a man who returned to a firework that had been lit and sustained a serious hand injury. He continues to undergo psychological care as a result—long after the physical wounds healed.

What was striking about all those accounts was the significant treatment that was required. Each person required years of surgery, physiotherapy and psychological care to deal with the physical and mental impact. That is surely a terrible and unacceptable toll to pay for something that, in the right hands and in the right circumstances, should and can be enjoyed safely.

The Criminal Justice Committee also heard some heart-breaking accounts. It heard from the National Autistic Society of Scotland about the debilitating impact that fireworks—particularly when used sporadically—can have on people with autism, and it heard how, in some cases, that can lead to shutdowns during which the autistic person reacts involuntarily. That reaction could include a physical or verbal distress response that would make it difficult to provide calming protection, which can, of course, be incredibly distressing. The ability to plan and prepare for the use of fireworks and pyrotechnics gives autistic people, and those caring for them, the opportunity to put safeguards in place.

The committee also received evidence on the sickening attacks on our emergency service workers when they are putting themselves on the line to keep our communities safe. I do not want to believe that anyone in the chamber wants to see people in Scotland physically or mentally harmed, nor that they want to see autistic people acutely distressed or to hear about our emergency service workers being exposed to such sickening attacks.

In taking the legislation through Parliament, I have listened to arguments that we should just stick with the status quo—that convictions and prosecution numbers are low, and that injuries from fireworks and pyrotechnics are rare—but those arguments failed at the time and they still fail to be convincing. They have failed to persuade me and, perhaps more crucially, they have failed to persuade the dedicated staff whom I met earlier this month at the burns clinic in Glasgow.

The core policies of the bill are the result of extensive consultation, engagement and evidence gathering. First, the firework licensing system will put robust checks and balances in place by requiring applicants to undertake mandatory training. Secondly, the proxy purchasing offence makes it clear that any adult who supplies fireworks or pyrotechnics to a child, without a legitimate reason, is committing a crime.

Thirdly, the bill puts restrictions on permitted days of supply and use of fireworks by the public. Those dates are based on existing firework periods and, following engagement with faith groups, strike a balance between allowing people to continue to buy and use fireworks for traditional events while limiting the problematic, sporadic use of fireworks.

Fourthly, local authorities will have the power to designate firework control zones, where it will be an offence for fireworks to be used either by the public or by professionals other than in a public firework display or for other essential purposes, such as safety checks.

Lastly, the offences that relate to possession of pyrotechnic articles in public places and at certain events, without a reasonable excuse, mean that Police Scotland will have the necessary powers to take a preventative approach to tackle the misuse of fireworks and pyrotechnics through intelligence-led policing.

What I am presenting today is the result of my having listened to the committee, communities, the police and other stakeholders and having modified my proposals in light of that. I believe that the bill balances the legitimate right to use fireworks and pyrotechnics with the need to protect public safety.

I accept that fireworks misuse currently presents a number of unusually difficult challenges for the police in particular. The reality is that much of the evidence is literally burned or blown up at the time of the offence.

I have heard calls to focus on the enforcement of existing legislation. However, the bill that I am presenting to Parliament today adds to the existing legislation. It provides clarity for those people whose job it is to keep our communities safe and it puts robust checks and balances in place to ensure that those who can access fireworks will use them safely and lawfully.

I am grateful for the consideration that Parliament has given the bill. Indeed, the Scottish Government lodged a number of amendments that improved the bill as a result of that consideration. The bill is an important milestone in our journey to change the relationship that Scotland has with fireworks and pyrotechnics. It is a key part of reducing the harm, distress and injury that those items cause, and it will put early and robust intervention in place to stop them falling into the wrong hands. I therefore hope that the whole Parliament will feel able to support it.

I move,

That the Parliament agrees that the Fireworks and Pyrotechnic Articles (Scotland) Bill be passed.