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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 21 December 2024
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Displaying 1309 contributions

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Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 30 March 2022

Jamie Greene

What is the scale of the problem? That is what I am trying to get to. How many offences are reported to the police or local authorities per year? How many of them convert into some form of judicial action, whether that is prosecution, being taken to court or being settled out of court? What are the outcomes of those prosecutions, using the existing maximum penalties that are available? Are those penalties being used to their full extent?

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 23 March 2022

Jamie Greene

Thank you, convener.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 23 March 2022

Jamie Greene

There will be people watching this session, especially those who have given evidence already, who will accept that you are making some sensible points, and making them well, but they will also say that, as industry representatives, of course you do not want us to go down the road of having any further restrictions. What would you say to those people? What part of your professional judgment that you are passing on today is not protectionist and is more about specifically what the bill is trying to do and the way in which it is going about it? I ask that because we are going to have to address that issue. The feedback will be, “You heard from the fireworks industry, and of course it is against the proposals.” That was the case with the working group, whose report you dissented from.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 23 March 2022

Jamie Greene

I feel that there is an inevitability about the bill. I know that it is only at stage 1 and that we have not even started talking about our report or finding consensus, but I get the impression from the wider narrative on the issue that some legislation will be passed, although I do not know what that final product will look like. I ask that, as we go through the process, you work with the committee and use your professional judgment and experience in relation to the bill’s direction of travel to ensure that, if it is inevitable that something will be passed, we end up with legislation that is at least manageable. You might not be happy with it—you might think that it will have unintended consequences, for all the reasons that you have given today—but if something is going to be passed, let us at least try to pass a bill that is workable. None of us wants to pass bad law, so I make that open offer to you.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 23 March 2022

Jamie Greene

I think that the committee should explore that, because the Republic of Ireland seems to have gone much further than is proposed in the bill that we are considering. I do not feel that we have heard evidence on that, other than anecdotal evidence. We should be evidence driven in our approach.

The police have told us directly that the bill will be another tool in their toolbox. Are you saying that the issue is that there is a lack of use of, or a misunderstanding of, the current legislation, that the police already have the tools that they need and that it is just a perception that the bill will be another tool?

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 23 March 2022

Jamie Greene

Andy, I want to ask you about the retail side. The devil is in the detail, in the bill. Around 650 retailers sell fireworks. We think that there are about a dozen dedicated fireworks retailers, and the expectation is that they will just go under overnight. A business cannot really operate for only 30 days a year when there is a shop front and there is rent to pay, even if it is compensated to some extent—and we all know what Government compensation schemes look and feel like. Let us assume that those shops disappear. Where would people go then?

If we are talking about supermarkets, that will leave around 630 retailers. Are they going to stop selling fireworks or will they still stock them, even if they can sell them only at certain times of the year? The idea is that we can dip in and out of when we can buy, use, and sell fireworks under the restrictions of sale, use and purchase, which are the three strands that are available to Government. Should we just focus on one or two of those elements?

There is going to be legislation, whether we like it or not, but what will the final legislation look like? Can we shape the bill better to allow the public the freedoms that they deserve while still tackling the problem?

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 23 March 2022

Jamie Greene

Finally—I appreciate that we are running out of time—you are talking about use of technology to improve safety. A full-blown licensing scheme might create a sort of class division in usage, because people who can afford to get fancy companies into their big back gardens will do so—they will do it anyway, at any time of the year. People who cannot afford to do that will be unable to. Your next-door neighbour might have a fireworks display and you do not, because you cannot afford to employ a private company to do it. That is a ridiculous situation.

We are all used to flashing QR codes. Would it not be better if, for example, I would just need to have done an online safety course of a couple of minutes with a few slides? That would produce a code that is personal to me, and I could go to the supermarket and show it to the cashier, which would allow me to make the purchase? Might that be a better application of technology?

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 23 March 2022

Jamie Greene

Be careful what you wish for, or we will be banning sparklers next.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 23 March 2022

Jamie Greene

We have not taken evidence from supermarkets specifically, so it might be worth our while to write to them.

There is a difference between buying something in a supermarket or a big chain store—I will not name names—and going to your small local family-owned fireworks shop, where you have a very direct one-to-one relationship with the retailer. Is there a benefit to retailers to having that kind of relationship with the consumer, as opposed to what happens in the big supermarket environment, where you might have a cashier just doing an age check, for example, and nothing more? There will not be that conversation element in supermarkets.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 23 March 2022

Jamie Greene

At one end of the spectrum, the Government could have introduced a complete ban. If that is the Government of the day’s policy, so be it. I suspect that the Government would have the numbers in Parliament to achieve such an ambition. At the other end of the spectrum, we could do nothing. We hear about a perceived rise in antisocial behaviour and a perceived rise in attacks on blue-light services. I think that there is still some ambiguity around the data. I would like those numbers to be more accurate—I think that we all would, for the sake of transparency.

Those are the extreme options. It has been suggested to us that the bill sits somewhere in the middle. It does not ban fireworks. It will still allow members of the public to purchase and use fireworks at certain times of the year, and it will still allow—appropriately, in my view—organised events to take place throughout the year. Do you not think that the bill strikes a balance? I am playing devil’s advocate, because I am slightly nervous about the bill. I want to probe you on the issue of whether the bill strikes the balance that we are looking for.

I will go to Fraser Stevenson first.