Chamber and committees

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.

I recognise the concerns that the committee raised about timetabling, and I thank it for agreeing to work to a slightly truncated timetable. Scrutiny is vital in that regard—I am sure that everyone agrees with that. However, that needs to be balanced against the consideration that the public is very keen to see action being taken on the matter. For my part, I commit to constructively engage with and address all the concerns that are raised with me as we go through the parliamentary process. If we all work constructively across the chamber, we will end up with a bill that is appropriate, proportionate and effective at the end of the process.

The operational and administrative detail of the licensing system will be set out in regulations to ensure that we develop an agile, future-proofed system that can be updated in a timely manner, should the need arise, to continue to meet society’s requirements. The bill sets out a duty to consult before making regulations under part 2, which will ensure that stakeholders have the opportunity to share their views on the details of the operation of the licensing system.

I welcome the recommendation of the Delegated Powers and Law Reform Committee, reinforced by the Criminal Justice Committee, that consideration should be given to whether further provision about the licensing system should be subject to the affirmative procedure rather than the negative procedure, as currently set out in the bill. I confirm that I will lodge an amendment at stage 2 to achieve that, because I recognise that the affirmative procedure would afford Parliament an enhanced level of scrutiny as the detail is developed and put forward.

The member is right to raise that issue, because there are a number of reasons why people might legitimately be carrying pyrotechnic devices, which include safety flares and marine flares. That was one of the considerations that the Government took into account when drafting the offence. It has been drafted in a slightly narrower way than had previously been suggested in order not to affect people who carry flares for legitimate reasons. We did not want to put them off. Again, I am interested to hear the views of members on that and whether it is felt that the Government has got the balance right on that provision.

I am aware of concerns raised by the committee, Police Scotland and the Scottish Police Federation about the scope of the pyrotechnic possession provisions and their impact on operational enforcement. I agree that we need to address operational challenges to ensure that the legislation is effective. As I said, I am interested to hear members’ views on that. I understand the calls for a wider offence of being in possession of a pyrotechnic article in a public place, but I also recognise the importance of proportionality in creating any new criminal offence, to ensure that individual freedoms and civil liberties are protected and that we achieve our objective in the least intrusive way possible.

I am grateful to Parliament for allowing the bill to proceed at an accelerated pace. Moving forward swiftly is important. We have heard the strong message that people want change and action to be taken on the sustained disturbance and harm that fireworks and pyrotechnics can cause to their lives. The timetable will allow the proxy purchasing offence to be in place for the upcoming bonfire season, and the importance of that provision cannot be overstated.

As I mentioned, we have heard about the issues that some communities face with adults giving fireworks to children, so we must act to close the loophole in current legislation that allows that to go unpunished. We have also heard from enforcement authorities that a proxy offence is a useful preventative tool, as it makes it clear to all adults that that behaviour is unacceptable and criminal. The purpose of the proxy offence is to protect children and young people from harm, which I am sure all members would agree is an absolute priority.

The timetable also allows the important work to implement other provisions to commence promptly, should the bill be passed by Parliament. That is paramount in ensuring that further positive change can be put in place as soon as possible. There is no question but that there is a strong desire to see a fundamental shift in Scotland’s relationship with fireworks and pyrotechnic articles. The bill is just part of our journey towards achieving that, balancing the responsible use and enjoyment of fireworks with the need to protect the public from harm and minimise the disruption and intimidation that such articles can cause.

I move,

That the Parliament agrees to the general principles of the Fireworks and Pyrotechnic Articles (Scotland) Bill.

I feel that we have already had this exchange, but I confirm to Jamie Greene that there was extensive consultation in order to address the points that he is making and that the dates that are included in the bill reflect the dates that were provided to us on which fireworks are traditionally used as part of the celebration. I have also already explained to Jamie Greene that we have retained a power in the bill so that, should any further dates come to light that are not covered, the bill can be updated.

I have already taken one intervention on that point.

Progressing at an accelerated pace allows the important work to implement the bill’s provisions to commence promptly, should the bill be passed. That is paramount to ensuring that further positive change is in place for the people and communities whom we all represent, and who, I am sure, have all made representations to their elected members to say that they have a problem with fireworks, as has been discussed this afternoon.

I will move on to the black market, which was mentioned by a number of members, including Jamie Greene, Pauline McNeill and Katy Clark. It is an important issue, but we considered it fully during the development of the bill by—among other things—looking at other countries that have similar schemes. There is little evidence to suggest that the provisions will lead to an increase in black-market activity. There are established enforcement routes in relation to illegal sales—working with partners including trading standards officers, Police Scotland and the Crown Office and Procurator Fiscal Service—and in relation to importation of dangerous goods, which is a matter for the UK Government. I will write to the UK Government to set out what we are doing and to urge it to play its part with regard to regulation. I assure members that the situation will be carefully monitored; I hope that members hear what I say on that point.

I disagree with Douglas Lumsden. We consulted on the proposals that are in the bill, and all of them received overwhelming support from the people who responded.

The fee is to cover the administration cost of the licence. We intend to consult further on the level of the fee to ensure that we have engaged thoroughly on the issue. The member and I had a conversation earlier about my view that the fee should be set at a proportionate level, to make sure that that is clear.

As we continue with development of the licensing system, I am committed to engaging with stakeholders, as members would expect. Pauline McNeill said that the bill is too complex and that the public cannot be expected to get to grips with it. I do not agree with her assessment of what the public can cope with, and I do not think that we should underestimate the public’s ability to understand what is required of them. After all, the public must adhere to the laws on driving, for example: those laws can change, but the public manages to get to grips with that. It is not beyond people’s ability to understand what we are proposing.

However, I agree that the law needs to be as simple as possible. We need to ensure that people are able to apply for a licence and that they understand what is expected of them. Therefore, I also agree with the committee that awareness-raising campaigns are crucial. We need to help the public to understand the changes to the law, so I commit to doing that.

Countries approach the matter in different ways. It was helpful to hear from Siobhian Brown about the experience in Sydney, and about how having tighter controls on fireworks is quite routine.

Collette Stevenson mentioned low-noise fireworks, which are an interesting development. They have the potential to address some of the issues, particularly around noise disturbance, so I confirm that I will keep the matter under review. If a standard definition is developed, I will be happy to incorporate it in the legislation by regulation, in the future.

On firework control zones, I confess that I thought that they would take up more time in the debate than they did. I will reflect on the points that were raised by John Mason and others. The decisions that were made around firework control zones were an attempt to balance conflicting interests. We thought that community events are generally well regarded and are a good focus for bonfire night activity, so having them in communities was an attempt to balance interests. The provisions about private displays are an attempt to balance industry interests. Ahead of stage 2, I will reflect on what members have said today.

During the debate, we heard about the significant issues with fireworks that communities and stakeholders, including the emergency services, face each year during the bonfire season. Those issues include unacceptable instances of emergency services workers on the front line, who are trying to protect communities and vulnerable people, being attacked and subjected to public disorder and wider antisocial behaviour. I take the opportunity to reiterate that that is not acceptable and cannot be allowed to continue. The fear, alarm and distress that such behaviour causes have no place in a modern and forward-looking society.

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.