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28 April 2022
The Scottish Parliament’s Criminal Justice Committee has backed the general principles of the Fireworks and Pyrotechnics Bill “on balance”. This support was agreed with a warning that the Scottish Government must make changes to ensure that the measures introduced by the Bill will be effective, robust, workable and have the confidence of the public – with the Committee currently having ‘very serious’ concerns that the Bill as drafted will not meet its objectives.
Read the report: Fireworks and Pyrotechnics Article (Scotland) Bill Stage 1 Report
MSPs on the Committee supported the general premise that steps need to be taken to address the misuse of fireworks and pyrotechnic devices.
However, in a report on the proposed law published today, MSPs have highlighted a number of potential pitfalls and loopholes in the plans put forward by the Scottish Government.
These include:
‘Firework control zones’ not addressing the issue many people believe they will, with MSPs recommending consideration be given to creating genuine ‘no-firework zones’ by local authorities, where nobody, including professional companies, can let off fireworks;
Key details of the proposed licencing scheme will not be known until the Bill is passed. The Committee is therefore not convinced that the proposed licensing system will achieve the outcomes intended.
The potential risk that the restrictions on the sale of fireworks will lead to a black market, or illicit sales. How this can be addressed and mitigated should be set out by the Scottish Government before any Bill is passed.
The Committee also commented that while it supported introducing a ban on ‘proxy purchases’, where over 18s buy fireworks legally and give them to those under 18, it is unsatisfactory that the Parliament and Committee have been asked to follow an accelerated timetable for scrutiny of the whole Bill to allow this particular provision of the new law to be in place by November 2022.
The Committee has been unable to clarify whether the Scottish Government explored asking the UK Government to make the necessary changes to ban proxy purchases, or to have the relevant regulation-making powers transferred to Holyrood.
Criminal Justice Committee Convener, Audrey Nicoll MSP, said:
“We agree with the desire to address the misuse of fireworks and pyrotechnic devices.
“However, we have concerns about the workability of some of the proposals put forward.
“We understand that the Scottish Government is trying to find a balance between allowing responsible enjoyment of fireworks and stopping what is all too often a dangerous public nuisance, particularly for people with additional needs and pet owners.
“And so, we have backed this Bill’s general principles at this stage, and hope to work with the Government and key stakeholders in the coming weeks and months to ensure that the issues we have identified can be addressed.
“Substantial changes are still needed to this legislation.”
The full text of the Committee’s final key conclusion is:
“We are of the view that the Parliament should be provided with the opportunity to allow the Bill to be improved to meet our shared goal of tackling the misuse of fireworks and pyrotechnic articles. The Scottish Government must make the necessary amendments to ensure that the measures introduced by the Bill will be effective, robust, workable and have the confidence of the public and key stakeholders. The Committee has very serious concerns about the Bill achieving its objectives. The Committee is concerned that there will be no time for our concerns to be addressed at stage 2 and 3 because of the fast-track timetable for this Bill. At this stage, only on balance, we are prepared to recommend that the Parliament agrees the general principles of the Bill at Stage 1 to allow for the possibility for these issues to be addressed. For some members of the Committee, agreeing this recommendation now is being done in good faith to allow the Bill to progress and for amendments to be considered and they reserve the right to consider their position at Stage 3.”
Under the proposed measures:
The dates fireworks can be sold in shops would be limited to those periods around major events (amounting to a total of 37 days a year)
Dates the public could legally use fireworks would be similarly restricted (7 April to 16 April, 27 October to 12 November, 26 December to 2 January, the 3 days immediately preceding the first day of Chinese New Year to the seventh day after the first day of Chinese New Year, the 3 days immediately preceding the first day of Diwali to the seventh day after the first day of Diwali).
Anyone using these types of fireworks would need special training, and a fireworks licence.
Councils could create “control zones” where most types of fireworks would not be allowed (even on private land).
There are exemptions for organised public firework displays and professionally organised displays.
The police would have new powers to search for and seize fireworks.
We also welcome calls using the Text Relay service or in British Sign Language through contactSCOTLAND-BSL.
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