Fireworks

Alison Thewliss Excerpts

Monday 2nd November 2020 Westminster Hall

[Alison Thewliss (Glasgow Central) (SNP)]

It is a pleasure to see you in the Chair, Mr Mundell, and to join colleagues for this annual debate on the harms that fireworks cause in many of our communities. I suppose that it is with a sense of some frustration that I stand here today, because we have been having such debates for some years now and the Government’s response is to continue to ignore the serious concerns that all of us are raising on a cross-party basis.

There are 414 signatures on the petition from constituents in Glasgow Central; the number of signatures has been reasonably consistent over many years. I continue to have concerns about fireworks raised with me again and again. The hon. Member for Gower (Tonia Antoniazzi) said she started receiving complaints about fireworks in October. I think I can probably beat her, because I started receiving complaints in July, from residents in Pollokshields who live in Maxwell Square. They said that they

“typically hear a firework every day, always in broad daylight, usually mid-afternoon. At times, I have seen them exploding on the ground in the middle of Maxwell Square when the park is full of children or set off in the middle of the road.”

Obviously, it is hugely concerning that fireworks are being used in such a way when children are nearby.

Another person who also lives in Pollokshields emailed me in August to say that they had also found fireworks in the park nearby and had picked up the empty casings left behind. They said that the empty casings had very aggressive imagery; they were not for garden fireworks displays, but had pictures of people looking intimidating and wearing masks, as if they were about to use the fireworks in an aggressive way. In Pollokshields in 2018, that was what local residents found. Groups of people on the street were using fireworks against the police in an aggressive way—firing them and using them as weapons. That led me and First Minister Nicola Sturgeon, whose Scottish constituency this had happened in, to set up a taskforce in the area with local police, community groups, the fire brigade and trading standards officers from the council. We have worked incredibly hard over the intervening two years to bring together a community response in Pollokshields to try and stop this kind of thing from happening again.

I must pay tribute to the police—to Chief Inspector Ross Allan, Sergeant Cenny Smith and Inspector John Menzies—who have done a huge amount of work to make sure that people in Pollokshields are kept safe from fireworks. They have educated schoolchildren, they have sited a mobile police office in Pollokshields, they have organised additional foot patrols, and they are doing everything they can to try to bring together this community response. But they should not have to do all that, because we should have the powers in Scotland to change the law to make sure that the impact of fireworks on communities is not felt in the way that it is.

For other residents of other parts of my constituency, fireworks are also a concern. Some are residents of the Templetons building, next to Glasgow Green. As you will know, Mr Mundell, Glasgow Green has a significant fireworks display every year—not this year, unfortunately, which is causing local residents a bit of extra concern. They fear that people will come to Glasgow Green and use fireworks there anyway, regardless of the social distancing requirements. Lisa Murray, who chairs the Verde residents association, has already seen this happening outside her building. What makes the situation worse is that this building is also affected by the cladding scandal, so she is incredibly worried that young people using fireworks irresponsibly in her neighbourhood will lead to the whole building going up in flames. They have had bin fires near their building because of fireworks being launched from bins, and residents are rightly scared.

A resident in the Calton wrote to me saying:

“I can no longer tolerate panic attacks every day and having to call mental health team due to break downs”—

because of the fireworks—

“teenagers in my area set fire to a mattress and started throwing fireworks into the fire they started…I am literally begging you please do something…each year things just get worse and worse.”

What does the Minister intend to do to keep that constituent safe from the irresponsible use of fireworks? A resident of Govanhill says:

“As you know, the Southside of Glasgow has suffered years of misery because of malicious use of fireworks. We started to hear them at the end of September this year, and now, on 15th October, my dog is terrified to leave home after dark. This will go on in my area until after New Year…I understand that a ban on sales to the general public can have unintended consequences, but as a chemistry teacher, I cannot understand why we allow high powered explosives to be placed in their hands, causing misery and injury.”

As my hon. Friend the Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) mentioned, this can have impacts on people with disabilities as well. The secretary of Shawlands and Strathbungo community council has written to say that she is aware of a firework being set off right next to a partially sighted person with a guide dog.

It is clear that people are not using fireworks responsibly and that more needs to be done. The Scottish Government held a consultation on this matter and got 16,000 responses, with almost all—some 94%—saying they would welcome increased controls on the sale of fireworks, while 87%, more than three quarters, said they would welcome a ban on the sale of fireworks The figures are clear. Where this falls down is that there has been no substantial response from the UK Government to the Scottish Government’s request for action. Back in 2018, I was told that a desktop review was being conducted by the Office for Product Safety and Standards, but that seems to have brought absolutely no results whatsoever. Just before I came over here, I received the response from the Minister that the Government do not have plans to bring forward additional legislative proposals on fireworks because a comprehensive regulatory framework is already in place, but we have heard from Members from all around the House, and from Members who are not here because of the social distancing restrictions, that this is completely inadequate. We hear year after year that the regulatory framework is not working.

Instead of fobbing off all our constituents, fobbing off the Scottish Government and fobbing off people who have genuine concerns about the impact on themselves, their pets and the wider community, will the Government devolve the relevant powers over fireworks to the Scottish Government, who have the evidence, the will and the understanding of this issue and want to proceed with it, so that my constituents can get a night’s sleep?

--- Later in debate ---

[Alison Thewliss]

The Minister is making a good point about trading standards. During the debate, it has been announced that the trading standards team in Glasgow has seized 500 fireworks in the city, despite the fact that there are 73 premises in the city of Glasgow where fireworks can be bought legally. Does the Minister accept that that means that things are not working?

[Paul Scully]

It is important that we work with the devolved Administrations to ensure the safety of people across the UK. I will come in a second to the training and resource that we are putting into enforcement. The police also have powers to tackle the improper possession and use of fireworks and antisocial behaviour caused by the misuse of fireworks wherever it arises.

The Office for Product Safety and Standards is responsible for protecting the public. It is the national regulator for product safety and is responsible for leading and co-ordinating the product safety system. It was created to deliver effective and trusted regulation for consumer products while ensuring that the legislative framework that it works with is effective and proportionate. It aims to ensure that consumers are kept safe and have confidence in the safety of the products they buy. To deliver that, businesses need to understand and meet their legal and regulatory obligations. To that end, the OPSS has worked with the Chartered Trading Standards Institute to develop and deliver a series of fireworks training events to frontline trading standards and fire safety officers. More than 200 officers in 105 local authorities have completed that training, which ensures that they have the skills and knowledge necessary to advise firework sellers of their responsibilities and to take enforcement action if necessary.

Let me turn to the evidence base and set out in more detail what work has been done. The Government have committed to ensure that all our policy making is based on evidence. I am pleased that the evidence base prepared by the OPSS was published last week. It contains data and information that has been sourced by drawing on existing data, literature and research, and by engaging with a range of groups and organisations, which have been invited to submit any data they have that is not already publicly accessible. Data was sought about the key issues raised in petitions, correspondence and debates, including noise, injuries and accidents, antisocial behaviour, environmental information and the impact on animals and people. A range of stakeholders have been engaged with to ensure that the evidence base reflects as wide a variety of evidence and perspectives as possible. They include Departments, local authorities, including trading standards teams, the fireworks industry, charities and originations that represent individuals, advocates for animal safety, the ex-armed forces and the retail sector.

A key concern is noise and disturbance, and we wanted to consider the issues most often raised: the suggestions that the maximum of 120 dB for fireworks that can be sold to a consumer is too high; that some fireworks sold to consumers are louder, and are continuing to get louder, than the maximum 120 dB level set out in legislation; and that the Government should promote silent or low-noise fireworks.

The evidence on the impact of fireworks on animal health indicates that different species of animals have different sensitivities and responses to noise. Separately, the OPSS has commissioned a programme of fireworks testing to determine the average decibel level for common types of retail fireworks sold for public use. It will evaluate whether fireworks placed for sale to consumers in the UK market meet the noise provisions in the Pyrotechnic Articles (Safety) Regulations 2015. The hon. Member for Gower and other Members talked about silent fireworks, but it is not clear whether a silent firework actually exists. Fireworks clearly require some explosive content to be set off. However, as part of the evidence-based work, we have commissioned a test of fireworks to determine the range of decibel levels, and that will help to identify a lower acceptable decibel level. It will also look at the potential impact of such a classification. We will publish the report based on that work in due course.

The Petitions Committee inquiry was not party political. This is not a case of the Government not acting; the Petitions Committee is cross-party and has a Labour Chair: the hon. Member for Newcastle upon Tyne North (Catherine McKinnell). The Committee concluded that at that time it could not support a ban on fireworks. Instead, it recommended other actions. The Government’s policy aligns with the Committee’s conclusion that it is not appropriate to ban the public from buying and using fireworks, as it would not be a proportionate measure.

We agree with the inquiry’s conclusion that a ban on fireworks, either for private or public use, could have unintended consequences. We acknowledge the experience of the National Police Chiefs Council, which believes that banning fireworks would push the market underground and make it more difficult to regulate and monitor. In addition, a restriction on fireworks sold to the public by retail outlets could lead to more individuals buying products inappropriately through online social media sources and from outside the UK. Individuals sourcing fireworks from illegitimate or unsafe suppliers may unwittingly buy products that are unsafe, as they may not meet the UK’s safety requirements.

We take the view that the concerns raised can be best addressed through education and raising awareness about good practice, being considerate to neighbours and the impact on people and animals of irresponsible use, alongside ensuring that the public know what action they can take and what the law provides for. Raising awareness around the safe and considerate use of fireworks is a common theme that has come out of our stakeholder engagement. For that reason, OPSS has developed an awareness campaign, which launched on 20 October, for this year’s fireworks season.

The campaign partnered with the Royal Society for the Prevention of Accidents, the Child Accident Prevention Trust, the RSPCA and the Chartered Trading Standards Institute. We have also worked with a wide range of other stakeholders, including retail bodies such as the Association of Convenience Stores and the British Retail Consortium, to share the messaging across different audiences.

We accept that, with the cancellation of public displays, more people may be having displays in their own back gardens, so the focus of the campaign is to educate people on how to buy, use, store and dispose of fireworks safely; to ensure that retailers understand their responsibilities when selling fireworks; and to promote considerate use so that people and animals can be better protected from any negative effects of fireworks.

We have been working with colleagues in the Scottish Government and the Welsh Assembly to share information, and will continue to do so. We have also ensured that we are aligning our awareness campaign on the safe use of fireworks with local restrictions on social gatherings. I emphasise that people must follow the coronavirus restrictions in their local area at all times, including if they intend to use fireworks.

We rightly heard a lot about animals. When I was on the Petitions Committee, we took evidence from fireworks associations and retailers. The people affected include those with horses, dogs and other animals, and indeed young children, as we have heard. It is important that we continue to engage with animal welfare organisations to ensure that we understand the impact on animals and to promote the responsible use of fireworks.

I pay tribute to all Members who have contributed. It was a pleasure to hear my hon. Friends the Members for Carshalton and Wallington (Elliot Colburn) and for Bury South (Christian Wakeford), both of whom showed off how hard they are working: one through speaking of his use of social media and his instant snap poll, the other through speaking of how he was working in his office on a Friday evening—good man. I know that at this time we are all working really hard for our constituents.

We also heard from the hon. Members for Pontypridd, for Glasgow Central (Alison Thewliss) and for Southampton, Test (Dr Whitehead). The hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) gave a horrendous example. I am glad that her dog was not the one was that was so horribly treated in that incident. I know that she is a great mother to her dog, and she will be looking after the dog on Thursday.

This issue comes up time and again and is of concern to people. We believe that, with the extra evidence that the OPSS is gathering and the extra awareness campaigns, which we are launching earlier, with more detail and to a larger extent each year, we can start to tackle this in a balanced and proportionate way. Again, I thank everybody who has taken part in this debate and pay tribute to the work of the Petitions Committee.