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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 24 November 2024
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Displaying 1639 contributions

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Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 1 June 2022

Russell Findlay

A difficulty is the lack of detailed information, not only about arrests and prosecutions but about disposals, which are the ultimate test of how seriously the offences are currently taken. The one example cited in the research by the British Fireworks Association was that the maximum fine that they could find out about was of £150 for a 19-year-old in East Lothian who threw fireworks at two police officers. Without knowing the full circumstances of the case, that certainly seems slightly less than one might have expected.

Therefore, I think that adding an aggregator to the bill would focus the mind of the judiciary. Jamie Greene or the minister might be able to correct me, but I assume that if that was what an individual was charged with, the aggravator would be built in, so would be in front of the sheriff at the time of disposal and might therefore serve as a greater deterrent. In general, we have not seen evidence that the laws are being applied as strongly as they could be for the deterrent purpose.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 1 June 2022

Russell Findlay

Will the member take an intervention?

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 1 June 2022

Russell Findlay

This might be something that the minister can clarify. It is not necessarily about having sympathy for the supermarkets and big suppliers; the issue is more the companies that supply those suppliers, which might well be family businesses that will see a significant downturn in business in Scotland due to what is proposed.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 1 June 2022

Russell Findlay

I am curious as to whether you have any indication of the likely size of such zones.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 1 June 2022

Russell Findlay

Will the minister give way?

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 1 June 2022

Russell Findlay

I do not doubt the sincerity of Rona Mackay or Fulton MacGregor, but I think that the amendment is important and should be included. It could be argued that the existing legislation addresses attacks on emergency workers, but passing flagship firework and pyrotechnic legislation gives us the opportunity to include a specific aggregator for attacks on emergency workers, whether those are police officers or firefighters. That would be a worthwhile and positive thing to do. Attacks on firefighters who are trying to deal with events on bonfire night have become an almost annual event.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 1 June 2022

Russell Findlay

Yes, absolutely. Although the proposal to have no-fireworks zones is what people who responded to the consultation seem to want, those whose job it would be to enforce them do not want them for all the reasons that they have given, in quite strong terms. That speaks to the fundamental question whether the bill is going to cause more problems than it is attempting to fix. Therefore—and perhaps it reflects a great deal of the committee’s stage 1 report—the amendment would provide some clarity. It is important and it should be accepted.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 1 June 2022

Russell Findlay

I have heard the responses from the minister and other members. However, even with the minister’s amendment, which proposes not to allow for private companies to provide displays in firework control zones, the bill will still allow for the use of fireworks through organised public displays. Given the expectations of members of the public and the views that were expressed in the vast number of consultation responses, that defeats the purpose of a no-fireworks zone as it was originally perceived to be.

Furthermore, there is an inconsistency or duality in relation to people who happen to live somewhere that the local authority designates as a firework control zone. Those people will be prohibited from using fireworks and unable to apply for a licence, so they will become completely peripheral to the entire process. I genuinely think that the purpose of the legislation is, as the minister described it, to curb the legitimate use of fireworks. Therefore, the risk—and the inevitable consequence of the provisions—is that the illegitimate use of fireworks will be fuelled.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 1 June 2022

Russell Findlay

What is the legal definition of a “zombie knife”?

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 1 June 2022

Russell Findlay

I go back to Jamie Greene’s specific point about people who, for reasons outwith their control, might not be able to use fireworks within the range of permitted dates. The member probably cannot answer this question, but perhaps the minister could do so. What consideration, if any, has been given to those people who have bought fireworks legitimately but who have, for whatever reason, been unable to use them? How do they safely dispose of those fireworks? Has any thought been given to that?