Fireworks

Alex Sobel Excerpts

Monday 29th January 2018 Westminster Hall

[Susan Elan Jones]

I suspect that trading standards may like to pay them a visit, as that may not be entirely in keeping with current legislation, let alone any future plans that the debate may bring.

There are many concerns about domestic animals. The 2005 report by the RSPCA, “Firework fears and phobias in the domestic dog”, which was based on extensive research, informs us that almost half the owners questioned—49%—reported that their dog was frightened of loud noises. Forty five per cent. of owners reported that their dog showed fearful behaviour when it heard fireworks. It is widely accepted that cats and other domestic animals can be significantly affected by firework noises. The right hon. Member for Meriden (Dame Caroline Spelman) and my hon. Friend the Member for Gower (Tonia Antoniazzi) mentioned the issues concerning horses: reported incidents in 2017 rose by 243% compared with 2016, and 15 horses died and 60 were injured according to reported statistics—clearly not all incidents are reported to the British Horse Society.

Let us not forget farm animals. Farm animals and livestock can also suffer from distress injury. That can mean livestock bolting in distress, which may cause danger to humans and vehicles if the livestock are near a public highway. Fowl have been known to smother each other in their attempts to hide from the noise in their environment. Animals have been known to go into premature labour and lose their offspring. Similar distress to animals from jet engine noises has previously been noted, too.

In 2016, just before a parliamentary debate on fireworks, the National Farmers Union issued the following statement:

“Farmers care deeply about the welfare of their animals, and are rightly concerned about anything that could jeopardise their wellbeing. Fireworks, especially when used at unpredictable times of year, have the possibility to frighten livestock, which can lead to lower production and even stock loss. Poultry especially are at risk of a ‘smother’, where birds huddle together which can result in some birds dying. In addition fireworks can pose a fire risk if hot embers land on barns or in fields of standing crops. This is particularly an issue during the summer when crops are more likely to be dry.

While the NFU does not have a position on when it is appropriate for fireworks to be let off we would call on everyone using fireworks to consider the safety and wellbeing of their neighbours and neighbours’ animals.”

The statement continues:

“It is important to let farmers know beforehand that you are planning on letting off fireworks so they can take necessary precautions to protect their animals. Fireworks should always be used safely, and pointed away from buildings, standing crops, and fields with animals in them.”

I know that hon. Members representing rural or semi-rural constituencies will join me in agreeing with every word expressed by the NFU in that statement. Many of us will also have heard local horror stories about fireworks. Last autumn in my constituency, a kitchen was destroyed within minutes when a young child set off a firework. After the incident, which could have been much worse, the child’s mother said:

“We were lucky to escape from the property unharmed this morning and my advice to everyone would be never store fireworks in the house.”

Those words are well worth sharing in our debate today.

On a totally different note, there are also those who feel that, at a time when we are constantly reminded to be more vigilant about the ever-present threat of terrorism, loud explosions from fireworks at random times of the year can be unsettling for a lot of people. One example that comes to mind is from November 2017, when an altercation between two men in Oxford Circus tube station caused a mass panic that resulted in several injuries. There are examples every year that show that bonfire night seems to be an opportunity for a special and criminal night of arson and disorder, with its own very real dangers for emergency service personnel. I suspect that my hon. Friend the Member for Halifax (Holly Lynch), who is present, will mention that if she speaks in the debate.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

On that note, in Yorkshire, prior to bonfire night we have mischief night, when young people in particular misuse fireworks, throw them at other people—I have had a firework thrown at me—put them through people’s doors and attack firefighters in west Yorkshire. We need action, not just around bonfire night but mischief night.

[Susan Elan Jones]

I had not heard of that particular custom but it sounds as if that is the case.

Having said all that, many would argue that fireworks are pretty well regulated across the UK. There are separate, stricter regulations for Northern Ireland, but even for the rest of us, there are a good number of statutes that relate to firework use—I will not go into all of them.

The Fireworks (Amendment) Regulations 2004 are designed to tackle the antisocial use of fireworks. Since January 2005, the sale of fireworks to the public has been prohibited except by licensed traders. However, fireworks can be sold by unlicensed traders on Chinese new year and the preceding three days, on Diwali and the preceding three days, for bonfire night celebrations between 15 October and 10 November—I assume those buying them at the end are having a late bonfire night—and new year celebrations between 26 and 31 December. A licence costs £500 and is issued by a local authority, subject to strict criteria. The penalty for operating without a licence is an unlimited fine and/or up to six months in jail. Under the 2004 regulations, it is an offence to use fireworks after 11 pm and before 7 am without permission, except on bonfire night, when the cut-off is midnight—it certainly was not in the case of the child in north Wales I mentioned—and on new year’s eve, Chinese new year and Diwali, when the cut-off is 1 am.

Fireworks are categorised from F1 to F4. Category F1 fireworks are

“fireworks which present a very low hazard and negligible noise level and which are intended for use in confined areas, including fireworks which are intended for use inside domestic buildings.”

Category F4 fireworks are

“fireworks which present a high hazard, which are intended for use only by persons with specialist knowledge and whose noise level is not harmful to human health.”

In other words, they are professional fireworks for use in large open spaces.

Regulation 8 of the 2004 regulations prohibits the supply to the public of category F3 fireworks whose noise exceeds 120 dB. According to Age UK, damage to hearing can be caused by noise of 85 dB. The illegal use of fireworks can result in prosecution and a fine of up to £5,000 and/or a prison sentence of up to six months. A £90 on-the-spot fine may also be levied. The penalty for committing an offence of supplying a category F2 or F3 firework to any person under 18, or supplying a category F1 firework to any person under 16, is a fine of up to £5,000 and up to six months’ imprisonment.

In addition, under section 31 of the Pyrotechnic Articles (Safety) Regulations 2015, an “economic operator” —a retailer—must not sell: a Christmas cracker to anyone under 12; F1 category fireworks to anyone under 16, or F2 and F3 category fireworks to anyone under 18. They also must not sell F4 category fireworks to members of the public, as those may be supplied only to a person with specialist knowledge.

Fireworks, including sparklers—those were my favourite—can be bought for private use only between 15 October and 10 November, between 26 and 31 December, and in the three days before Diwali and Chinese new year. Storage of fireworks of less than 2 tonnes requires a licence from the local authority; storage of more than 2 tonnes of fireworks requires a licence from the Health and Safety Executive. Both bodies may inspect storage facilities if they wish. The Explosives Regulations 2014 state that a licence is required to store fireworks except where their quantity is less than 5 kg. That strikes me as pretty extensive.

At the start of the debate, I spoke about my positive childhood experiences of local community bonfire nights, so it is both instinctive and subjective for me to say that I am cautious about a total ban. Others with less positive experiences will of course take a different view.