Chamber and committees

The member is making my point for me: enforcement is challenging. As a country, along with our partners, we spend an awful lot of money on preventative and early intervention work to mitigate the impact of bonfire season. Therefore, this is the point at which we must consider supply of fireworks, and ensure that fireworks are not getting into the wrong hands.

The bill seeks to put in place robust checks and balances in the supply process to make it more difficult for people who might wish to deliberately misuse fireworks—in the way that Jamie Greene has just described—to access them. Those checks include the licensing system, which will ensure that people demonstrate knowledge of how to use fireworks safely and appropriately. That will prevent fireworks from landing in the wrong hands to begin with.

We have discussed the potential for unintended consequences. That has been carefully considered throughout the development of the bill. I understand that placing restrictions on restricted products can lead to a minority of people deliberately trying to circumvent the restrictions. However, it is my firm view that that is not a justification for not introducing measures to promote public safety.

In conclusion, stakeholders have widely welcomed the bill. The Scottish Fire and Rescue Service has said that the new legislation is hugely welcome. Police Scotland has said that it welcomes the introduction of the bill. The Scottish Police Federation, in relation to the firework elements, said:

“We absolutely welcome the legislation and the controls that are proposed.”—[Official Report, Criminal Justice Committee, 16 March 2022; c 3.]

Blue Cross has also said it welcomes the introduction of the bill.

The impact of the measures in the bill will be closely monitored to ensure that they are working effectively and as required.

I reiterate my strong belief that introducing the actions that are set out in the bill will support the delivery of positive change in Scotland’s relationship with fireworks and pyrotechnics, while enabling people to continue to enjoy them in a safe, responsible and considerate way.

I invite Parliament to approve the general principles of the Fireworks and Pyrotechnic Articles (Scotland) Bill.

Concerns about displacement are not a reason to not do anything. I have said that we will carefully monitor the situation; that is what we will do. It is entirely reasonable for members to raise the point, but I do not see it as a reason not to act.

The licensing scheme was mentioned by many members. I accept that there is a level of interest in that provision. It is an important part of the bill and it is key to the aim of changing purchasing of fireworks from something that is spontaneous to something that is more planned. Of course, it was a recommendation of the firework review group that we consider mandatory conditions on the point of sale.

I welcome this opportunity to open the debate on the general principles of the bill. My thanks go to the Criminal Justice Committee, and all those who gave evidence, for their work on the bill at stage 1.

The bill is a key part of an overarching package of change that is being progressed through the fireworks action plan, and is the result of several years’ work, including widespread public consultations, opinion polls, analytical research and engagement with key stakeholders, including the independent firework review group.

All that work has clearly demonstrated that people want change and that they see the unpredictable use, as well as the misuse, of fireworks and pyrotechnics as antisocial and unwelcome and as causing significant disruption to many people—particularly those with neurodivergent conditions such as autism—animals and communities.

However, we accept that many people enjoy the spectacle of firework and pyrotechnic displays, and that public displays can offer a safe and fun way for communities to enjoy fireworks. It is our job to proportionately address the clear and consistent concerns and calls for change that have been raised, while balancing that against allowing the safe, considerate and appropriate use of fireworks and pyrotechnics for celebrations and other important events. That is what underpins the bill that is before Parliament today. It introduces critical enhancements to Scots criminal law to ensure that it is as robust and effective as possible at regulating the use of fireworks and pyrotechnics.

I will now outline the five key strands of the bill. First, part 2 includes provision for Scottish ministers to establish and operate a fireworks licensing system, which will require members of the public to apply for a licence in order to purchase, possess and use category F2 and F3 fireworks in Scotland.

That provision seeks to move the purchase and use of fireworks to a planned and well-thought-out transaction, rather than a spontaneous occurrence. I consider that a comprehensive licence system covering supply, possession and use is the most robust way to ensure that the policy objectives of the system are met while mitigating potential unintended consequences, such as the displacement of sales across the border or online.

I am aware of the concerns that were raised by the committee on the level of detail that is included in the bill, but I believe that the bill strikes the right balance. It sets out the core principles and elements of how the licensing system will function and the requirements that will be placed on those wishing to apply for a licence.

I am not saying that I do not understand Jamie Greene’s and other members’ concerns—I accept them—but does the member accept that it is entirely normal to set out broad provisions in the primary legislation, because that is the appropriate place to put them, and put the administrative details in secondary legislation, because that allows them to be amended in future and is the appropriate place to put them?

There is time in hand.

I thank members for participating in the debate. The need to keep people safe by tackling misuse of fireworks and pyrotechnics is abundantly clear and has come out from across the chamber in the debate. That gives us a solid basis for moving forward together constructively.

It is worth reiterating that the bill is a key part of an overarching package of legislative and non-legislative change that is being progressed through the fireworks action plan and our work on pyrotechnics. That work’s purpose is to bring about a cultural shift in Scotland’s relationship with fireworks and pyrotechnics by responding to the calls for increased restrictions on the sale and use of fireworks and pyrotechnics, as we have heard through lengthy consultation and engagement.

I accept that the bill is not a panacea, but it is absolutely central to achieving our objectives of protecting communities from the harm and disturbance of fireworks, and from misused pyrotechnics. That is why we are also taking action through education and awareness raising that build on the work that takes place across Scotland each year. Annual Scottish Government campaigns will support the change in the culture of fireworks.

I will address some of the topics that have been raised this afternoon. Many members, including Pauline McNeill and Jamie Greene, expressed concern about parliamentary timetabling. It is important to address the concerns that have been raised about the accelerated scrutiny timetable that the bill is following.

I accept that the bill is moving at pace and I understand why members have concerns, but I make it clear that the bill follows several years of work—of evidence gathering, multiple consultations and engagement with the public and stakeholders—and it allows us to maintain momentum for the public. Rona Mackay and Stuart McMillan, among others, reminded us that this is what the public want—they want action.

That would be an offence, and I would expect the police to enforce all the offences in the bill. However, the police will exercise judgment in how they go about that. Operational police matters are for Police Scotland.

The bill sets out the core principles about how the licensing scheme will function—it is quite normal to have that in primary legislation—and the administrative details, again quite normally, will be set out in regulations. In order to aid further scrutiny, I have accepted the spirit of what the committees have said to me, and have said that I will change the regulations from negative instruments to affirmative instruments, in order to aid scrutiny and allow members more input to the process. I hope that that will be accepted with good will by members.

For illustrative purposes, the Scottish Government will provide the committee with a mock user journey in advance of stage 2. I hope that that will aid understanding of how the process will work.

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.