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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 22 April 2025
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Displaying 1351 contributions

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Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Siobhian Brown

As I said, we will have a public awareness campaign in June, and we are working with Police Scotland and all local authorities on that. The regulations are being introduced today so that people are aware of them as we progress through the implementation of the 2022 act.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Siobhian Brown

The football clubs are supportive of that. I hope that, when we have our public campaign, they will support that as well, to deter fans from using pyrotechnics at football games.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Siobhian Brown

I will answer the second part of your question first, if I may, then bring in officials for the first part.

The legislation is coming in June, so if it goes out to consultation there will be a tight timescale. The local authorities are working with our officials. I am not sure of the exact councils, but I think that Glasgow and Lothian will have zones in place for bonfire night this November. I am unsure of any other local authority, but those are the ones that have engaged with us and really want to use the legislation. Being an ex-councillor, and knowing what a topical issue this is locally, I think that there will be further take-up from local authorities.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Siobhian Brown

I have not discussed what happened on Sunday with Police Scotland. I saw what was happening, and I think that you are 100 per cent correct that it was totally orchestrated. As I have mentioned, the issue seems to be escalating and it is dangerous. I believe that this SSI, which will enable to the police to search the general public before they enter the ground and to remove pyrotechnics from them, is different from waiting for someone to explode the device and then trying to arrest them safely in a large crowd.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Siobhian Brown

They do, but there will also be a public awareness campaign. At the moment, I think that people think that they can get away with it, but they cannot. Bringing in the legislation and having a public awareness campaign will reiterate that to fans, especially if we have the football clubs on our side as well.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Siobhian Brown

I appreciate that but, as a new minister, I am very keen on public awareness as we move forward. We know that implementation will happen over a period. It may be better for small bits of information to go out to the general public, because much of this will happen in five years’ time. I will be working with my officials to ensure that there is public awareness of the pyrotechnics legislation and, as we move towards bonfire night, I will be working with local authorities on what is expected, to ensure that the public are fully aware.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Siobhian Brown

There is no reasonable excuse for using a pyrotechnic, but there could be a reasonable excuse for being in possession of one. For example, if a security guard in a football stadium confiscates one and is en route to putting it in a safe place, he has a reasonable excuse for having it in his possession.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Siobhian Brown

I do not accept that. We are in a very different place financially, which is why we have had to implement the act with a staggered approach. I am happy, in a public awareness campaign, to note that we are doing that because of the financial implications of our budget.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Siobhian Brown

Thank you, convener—you raise a very valid point. I will come on to how we got to the capacity of 1,000 in the first place, and then I might bring in my officials to comment further on that.

The 1,000 capacity threshold was designed to provide certainty for the organisers and attendees and for the police who are enforcing the law around the offences. The designation refers to the capacity of the venue where the event takes place. I accept that, when deciding on a figure in that way, it is always challenging to set a fixed number as a limit. The 1,000 capacity was reached in order to ensure proportionality and that additional restrictions apply where they could be most necessary and effective, and in keeping with the scope of the 2022 act.

Larger-sized events are included because the available evidence suggests that pyrotechnic misuse is more likely at larger events. The risk of potential harm from pyrotechnic misuse in crowded places and larger groups also includes the risk of crowd panic and surge. That does not mean that it is acceptable or safe to take pyrotechnics into smaller venues. The broader public place possession offence will provide a significant level of protection at all music events, regardless of whether they have been designated, because it prohibits the possession of most pyrotechnics, including fireworks, “without reasonable excuse”. Engagement with relevant stakeholders has shown that such events already restrict any attempts to bring in or use prohibited items, including pyrotechnic articles. As you know, at music events, bags are already searched for alcohol, so designation will not place any additional burden on the people who organise and manage such events.

Because those provisions will come into force on 6 June, I am very keen that we have a public awareness campaign, so that everybody knows that the 2022 act will be implemented and that it will be an offence to bring pyrotechnics into larger and smaller events.

Do my officials want to comment further?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Siobhian Brown

On firework control zones, the 2022 act sets out the requirements on local authorities as part of the process of considering and designating firework control zones. They include a requirement to consult widely on any proposals to designate new zones, as well as a requirement to publish any decisions as a result of consultation 60 days before a new control zone comes into effect.

I appreciate that there might be a shortage of time. My officials are working with two local authorities at the moment to ensure that they can have measures in place this year. Time has been required for a meaningful co-design process to be progressed with local authorities, communities and wider stakeholders to develop effective guidance for local authorities on the consideration and designation of firework control zones.

It has therefore not been feasible to commence the powers earlier than was planned for the commencement regulations to be laid in June. It is possible for local authorities to undertake the process once the powers come into effect, ahead of the summer recess, although the timescales will be challenging, as I have said. We are therefore working closely with a small number of local authorities that we know have a strong desire to use the power promptly to designate the zone ahead of bonfire night this year.

Consultation and engagement with local authorities has informed the approach that we have taken, and, to continue to build on that, the Scottish Government, in partnership with the Scottish Community Safety Network, will undertake a programme of engagement with local authorities following commencement of firework control provisions to further raise awareness of the powers and how they could be used to tackle fireworks issues moving forward

On the licensing scheme that you mentioned, you are correct—we do not have detail on that, because, as you know, it has been delayed, but I can let you know that the act sets out the core elements of how the licensing scheme will function and the requirements that will be put in place. Subsequent secondary legislation will be utilised to set out the operational and administrative details of the system. My officials are developing proposals with the consultation as part of the overall programme to implement the licensing scheme, and I am happy to keep the committee updated on all progress as that work continues.