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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 4 May 2021
  6. Current session: 13 May 2021 to 19 September 2025
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Displaying 1656 contributions

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Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 30 March 2022

Jamie Greene

Good morning to our guests. I would like to dig a little deeper into the statistics. The committee is trying to grapple with the scale of the problem, and whether the proposed legislation both is fit for purpose and fills the gaps in a way that meets the policy intention and the premise behind it.

Some of the data that I have heard today is news to some of us, but it is also three years out of date. You said that it was from the 2019—what was the description that you used?

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 30 March 2022

Jamie Greene

Thank you.

The point is, minister, that over the past 10 years, we are looking at an average—it is just an average; I am sure that there are peaks and troughs—of around 30 people being prosecuted each year, with the majority being given non-court disposals. Against the backdrop of a quarter of a million people buying fireworks each year, that is a relatively low number.

I still do not understand the correlation between how many incidents are reported to the authorities and how many proceed to prosecution. Do you understand why some people feel that the bill is overkill in terms of what we are trying to achieve? We are simply not using the existing powers that the judiciary have to prosecute those who are breaking the law. Those are quite robust laws—they are some of the most robust laws on fireworks in Europe—but we are simply not seeing them convert into the prosecutions that might act as the sort of deterrent that you want. Why, therefore, is there a need for new powers?

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 30 March 2022

Jamie Greene

What percentage of those 297 people were given a non-court disposal and what percentage were prosecuted more harshly? You can give the numbers instead of a percentage. What sort of penalties were given to those who were prosecuted in court? We know what penalties are available to the courts. I am trying to get a feel for whether we are using the powers that we currently have to their full extent.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 30 March 2022

Jamie Greene

On the legal challenge question, it might help if I give the context. You have picked five periods in the year: a Chinese festival, Diwali, a Sikh festival and two secularly celebrated festivals of new year and the Halloween and Guy Fawkes period.

If someone wants to celebrate other religious or secular events with their family in their backyard or another prescribed space, will the fact that the Government has chosen those very specific dates leave you open to legal challenge by other religious organisations or other groups or communities, which might feel that, by default, you have created a zone of dates that is exclusive and not inclusive?

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 30 March 2022

Jamie Greene

Minister, you said that the Government is trying to introduce legislation that responds to the public safety situation. Ultimately, however, it is the police who will enforce the legislation that the Parliament passes, and the police have been clear in their supplementary evidence that they would like the bill to be amended to include a “simple possession” offence. Given that it is the police—not us or the Government—who will have to enforce the law, can you see why we would be minded to support them on that?

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 30 March 2022

Jamie Greene

I am sorry if I did not take them down. However, I specifically asked for the statistics in the order that I did because that would give us an idea of the scale of the problem.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 30 March 2022

Jamie Greene

Oh, for sure.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 30 March 2022

Jamie Greene

Do you have the numbers now? This is our last evidence session, so that is why I am pushing you—I am sorry.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 23 March 2022

Jamie Greene

I have lots of questions, convener, but you can bring me in later.

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.