Chamber and committees

One of the main things that we have done to address the issues that the member has raised is provide £9 million of grant funding during Covid. Some of that money was specifically for business resilience and to help businesses adapt to the situation in which they found themselves, so that they could invest to find solutions to any issues that they might have.

The profession has approached us on capacity. To help to resolve that situation, we set up and invested £1 million in a fund for trainees that is co-run with the Law Society of Scotland. More than 40 trainees are in that system, and 75 per cent of them are women, because we recognise that gender was a potential issue. That is another way in which we have attempted to resolve the issues that the profession has raised.

Not much time has elapsed since the start of the action that some solicitors are taking on DASA cases. I am therefore sure that members will accept that, at this point in time, it is quite difficult to predict what impacts, if any, it will have.

The Scottish Government has taken a large number of actions. Most recently, we set up a fee package that was targeted specifically at areas of concern that the profession had raised with us. We also made an additional offer of an across-the-board fee rate rise to legal aid rates of 5 per cent, but that has not been accepted so far.

We are working at pace to put in place measures to address any shortfall and, as I outlined to the member, there does not seem to be a shortfall at the moment, but we will continue to monitor the situation to make sure that we address any shortfall that occurs in the availability of solicitors.

We are committed to continuing engagement to seek a resolution with the profession. However, I remind members that the profession’s demand is for an increase of 50 per cent in addition to the increases that the Scottish Government has already made, which amount to a significant investment of more than £20 million in the past few years. That would add an increase of about £60 million per year to the legal aid budget and, unfortunately, that is not affordable.

I agree with that, and I am keen to hear members’ views on that particular point this afternoon.

Part 5 makes it an offence to be in possession of a pyrotechnic article, including all types of fireworks, without reasonable excuse, while at, in the immediate vicinity of or travelling to designated sporting and music venues and events, public processions and public assemblies. A person who is convicted of that offence is liable, on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale, or both.

The bill also extends police powers of stop and search, including of a vehicle, to the ability to stop and search anyone reasonably suspected of committing an offence under the bill. That will, in particular, enable the proactive and preventative enforcement of the part 5 provisions on possession of pyrotechnics at certain places and events, ensuring that police officers can act early to address that potentially dangerous behaviour.

In drafting the pyrotechnic possession offence, we were conscious of our obligation to consider the least intrusive method of achieving our policy objective and the need to demonstrate that new criminal offences and related search powers are proportionate and necessary.

We have modelled fee levels. That information has been published and is available for the member to look at if he wants to do so. The modelling has been done around fee levels of £20, £30 and £50. I am keen that the process is not prohibitively expensive, because we want to allow people to do the right thing. I had quite a debate with one of the member’s colleagues who is on the committee about the proportionate level of fees. For my part, I am keen that they are proportionate.

In response to the stage 1 report, I have also agreed to provide the committee with a mock user journey to set out the licensing system in more practical terms and how it is planned to work, should the bill be passed by Parliament. Of course, that will be subject to further consultation and the agreement of subsequent regulations by the relevant committee at a later date. I hope that that reassures the committee on the practical operation of the system and on the processes that are in place to ensure that it is developed in a robust and transparent way.

Part 3 of the bill includes a proxy purchase and supply offence in relation to fireworks and other pyrotechnic articles. During our consultations, we heard accounts of adults giving children fireworks in our communities. I am sure that we all agree that that is very worrying; therefore, we need to make it clear that such behaviour is unacceptable.

Although it is illegal under existing legislation to supply fireworks to a person under the age of 18 in a commercial transaction, that does not cover wider settings. In its report, the committee recognised that the loophole must be closed. The scrutiny timetable for the bill will enable that important provision to be in place for the upcoming bonfire season. I will cover the benefits of the timetable in more detail shortly.

Part 3 also includes proposed restrictions on the permitted periods for the supply and use of fireworks. That includes restricting the days on which fireworks can be sold to and used by the general public. The dates that are set out in the bill broadly align with existing firework periods, when fireworks form an important part of celebrating cultural and religious festivals.

I understand completely. We are alive to the potential problem of a black market. Does the member accept that the Republic of Ireland is quite different? It has gone down the route of a complete ban. The risk of unintended consequences was one reason for not pursuing such a ban in Scotland.

Will the member take an intervention?

Does the member accept that one of the reasons why we have had to come up with a licensing scheme is that we are having to operate within our restricted devolved powers?

I would like to make some progress.

In response to the point that Martin Whitfield made about displacement and the steps that we will take in that regard, I will see what further detail I can share with the committee on that point ahead of stage 2.

We consulted all the major faith groups to come up with the dates. I can provide the member with more detail on that in writing if he would like that information.

We have retained provision in the bill so that, if it comes to light that there is a celebration that we have perhaps missed, we will be able potentially to update the legislation to reflect that. I have, of course, been mindful of the need for equality during the development of that provision, which was updated in light of engagement with equalities organisations during last year’s consultation.

The measure addresses the concerns that we have heard about the unpredictable use of fireworks being disruptive, and sometimes debilitating, to people and communities as well as to animals. Being aware of when fireworks might be used will enable people to put in place appropriate safeguards while allowing the use of fireworks for celebrations during existing firework periods.

I recognise that restricting the days of supply has the potential to negatively impact specialist firework businesses. Therefore, the bill includes a regulation-making power to enable the introduction of a compensation scheme to address the economic impact of that provision, if that is required.

I cannot give the member any further detail on that at this stage, but I will endeavour to bring forward more detail, perhaps around the time of stage 2. However, as I said, we recognise that restricting days of supply might have an impact on the very small number of businesses that currently sell all year round. My intention is to engage with the businesses that are affected, to further understand the detail of the financial impact that the provision might have on them. I welcome the Criminal Justice Committee’s recommendation that we commence work on the compensation scheme as soon as possible, and an important initial part of that will be engaging with those businesses and understanding the potential financial effects on them.

I note the committee’s concern about the potential impact of the provisions in terms of the risk of people purchasing black market fireworks. That risk has been fully considered during the development of the bill. For example, where any part of the supply of fireworks takes place in Scotland, including the delivery of fireworks, suppliers will be required to check the licence status of the recipient receiving a delivery of fireworks to ensure that they do not commit an offence by supplying to an individual who does not have a fireworks licence.

Of course, the illegal sale and purchase of fireworks will continue to be subject to existing well-established enforcement routes, through trading standards, the police and the courts. The Scottish Government intends to continue to work with those partners to build on and enhance existing processes to tackle black market sales.

Part 4 of the bill provides local authorities with the power to designate firework control zones in which it will be an offence for the general public to use fireworks at any time, including on private property. Communities will have a greater say in the use of fireworks in their local area, with a fair and robust process in place for the consideration of the designation, amendment or revocation of such zones.

Public firework displays will be exempt from firework control zones, as I recognise that such events can and do bring communities together. That will allow people living in such zones to enjoy fireworks in appropriate settings. Professional firework operators are also exempt, in terms of their services in providing both public and private displays.

I note the committee’s concerns about the zones and whether it would be preferable to give local authorities the ability to designate complete no-firework zones. I am interested in hearing the views of members on that point today, particularly in respect of the exemption in the bill for professional firework operators whose services can be engaged for private displays.