Angela Smith
Main Page: Angela Smith (Liberal Democrat - Penistone and Stocksbridge)Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
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Angela Smith (Penistone and Stocksbridge) (Lab)
It is a pleasure to serve under your chairmanship, Ms Vaz, especially as we are fellow members of the Select Committee on Environment, Food and Rural Affairs. I congratulate the hon. Member for Northampton South (David Mackintosh) on opening the debate, which has resulted from a huge petition. This issue does not get enough of a public airing or the debate it needs in Parliament.
I start by emphasising that I am not a killjoy—I am sure everyone will say that today for fear of being labelled one—and I am fully aware that many people enjoy fireworks. Indeed, it is estimated that each year, more than 10 million people across the UK enjoy a firework display. I have attended the new year’s eve fireworks here in London and the spectacular display that happens every new year’s eve in Madeira—I will not say which one I enjoyed the most, as that would be dangerous. All I will say is that displays such as the one we enjoy in London, and those held in great cities across the world, every new year’s eve are joyous occasions, and everyone here will agree that they play an important part in every culture.
History tells us that people across the UK have enjoyed firework displays since the 16th century, with the first being at the coronation of Queen Elizabeth I in 1559, so this cultural activity has a long history. I recognise that large numbers of people in the UK enjoy fireworks and want to make use of them in their gardens and outside their properties. Although I instinctively agree with my right hon. Friend the Member for Enfield North (Joan Ryan), who is no longer in her place, that ideally we would end the use of fireworks in back gardens—I would prefer to see people going along to their local public display—I understand the difficulty of delivering that policy. Let us remember that, as a society, we have introduced severe restrictions on the use of tobacco. People cannot smoke in public places, and now they cannot smoke in a car if a child is present. We have gone a long way towards restricting the public’s freedom to enjoy certain products, primarily on the ground that we want to protect children’s health. Children’s health, and the health and safety of the public in general, should always be paramount in policy, and we should not be frightened if evidence presents itself showing that we need to legislate for a rules-based system protecting society from the abuse of what are, ultimately, very dangerous explosive devices.
The terrible effect of firework use on animals, especially pets, has been the driver behind the petition, which gained more than 100,000 signatures. I congratulate the originators of the petition, Jill Cutsforth from Beverley and Julie Doorne from Sleaford, on gaining so much support and getting the issue debated today. Mrs Cutsforth’s explanation for starting the petition is typical of why further restrictions on the use of fireworks are needed. Her pet dog had to be sedated with diazepam when it became frightened by a firework that had been set off close by. Battersea Dogs and Cats Home has made it clear that it is forced to do all it can to keep its dogs and cats calm and safe by blacking out the windows, playing music, sitting with the most anxious residents and providing plenty of hiding places and distractions. With the restrictions that the petitioners ask for having the backing of such a powerful and well respected charity, we should think twice before dismissing the petition’s demands. They include, of course, a change in the law to restrict the use of fireworks—not their sale; we already have that restriction—to traditional days such as bonfire night, new year’s eve, Chinese new year and Diwali. I think that many of us here would agree with that demand.
Dr Phillip Lee (Bracknell) (Con)
Does the hon. Lady agree that any policy response in this area hinges on proportionality and requires a realistic understanding of what the Government can do? I am a passionate animal lover; I have recently been traumatised by the loss of my 20-year-old cat. However, would it not be disproportionate, and indeed counterproductive, to propose any policy change that would potentially cause the closure of successful and responsible fireworks display businesses such as Star Fireworks in Bracknell?
Angela Smith
I have absolutely no interest in banning public displays. The Fireworks Regulations 2004 require those organising public fireworks displays to be trained in delivering such events and in fireworks safety. That is exactly why I think that ultimately, we as a society will move towards more support for publicly organised and regulated fireworks displays rather than events that go on in people’s back gardens, which are where the real problems are.
Dr Lee
My point is that if we restricted sales to only a few days a year, there is a limited likelihood that a business would be successful purveying only on those days. I agree that restricting fireworks to organised public events would be a step in the right direction, but restricting the number of days would restrict businesses’ viability.
Angela Smith
If one’s policy position is to move towards public displays only, restrictions on the domestic use of fireworks would be a good starting point. The safety of the public—particularly of children—and the welfare of animals are far too important for us to compromise on that. However, the hon. Gentleman makes an important point. The 2004 regulations allow for penalties to be levied for antisocial behaviour involving fireworks, but enforcement of that power is poor. I hope that the Minister will comment on that. Over and above the demands in the petition, which I support, enforcement of the current regulations would help. A response to a parliamentary question in 2011 indicated that in the previous five years, fewer than 50 people a year had faced prosecution.
It is not only household pets who suffer as a result of the inappropriate use of fireworks but livestock and wildlife. Poultry are especially at risk of a smother, where birds huddle closely together, which can result in overheating and occasionally death. In addition, of course, fireworks can pose a fire risk if used irresponsibly or if hot embers land on buildings or in fields of standing crops, particularly during the summer. For much of our wildlife, sudden noises and flashes can be frightening and confusing.
I ask for assurances from the Minister that he will look again at the enforcement of the 2004 regulations and review them to test whether they are strong enough, or whether tighter restrictions along the lines recommended by the petition should be considered. I also ask him to consider the important recommendations made by the British Veterinary Association about adjusting the noise levels applying to firework categories 1 to 4.
We must also consider whether we need a more robust approach to regulating the use of fireworks by members of the public, notwithstanding the point made by the hon. Member for Bracknell (Dr Lee), and to restricting the occasions on which fireworks can be used in domestic circumstances. Never mind education and the fireworks code; can it be right that there is very little regulation governing how people use fireworks in their back gardens? There is advice, but nothing else. It is crazy. People cannot smoke in a car with a child present—they can be prosecuted for it—but they can use fireworks in a back garden without any real regard for all the advice about how to do so safely. Something must be done about that.
Sir Alan Meale (Mansfield) (Lab)
Does my hon. Friend agree that there is another problem involving the sale of fireworks? People buy imported goods that do not fall under the protections normally afforded in the European Union and in this country. They import a lot of illicit goods and sell them at certain times of the year to the public, who do not know how dangerous they are. That adds to the problems at those times of year.
Angela Smith
My hon. Friend makes an important point. New European regulations are now in force on safety marks and the traceability of such devices, but again, there may well be an issue with the enforcement of the regulations on sales.
For the sake of animals, wildlife and our children, we should at least consider what else we need to do to eradicate the abuse of what are, ultimately, explosive devices that are extremely dangerous in the wrong hands. In Sheffield last November, we had to deal with serious incidents involving the abuse of those devices, when young hooligans hurled fireworks at police patrol vehicles. That is totally unacceptable, and something must be done. I know that such activity is already illegal, but we must deal with it. People need to understand that fireworks are potentially very dangerous; they are explosive devices. I hope that the Minister will be sympathetic to the case being made today.
Mr Philip Hollobone (Kettering) (Con)
I congratulate those who signed the petition, because it raises an issue that is of genuine concern up and down the country—not least in Kettering. I am disappointed that I was not able to hear the opening speech of my hon. Friend the Member for Northampton South (David Mackintosh), but I know it will have been outstanding, and I promise to read it tomorrow in Hansard.
There is great merit in going the whole hog and banning fireworks, and the Government should look seriously at doing that. At the very least, I would expect them to produce a proper paper outlining the pros and cons of such a ban. If we put the issue to people in a referendum—I am not advocating that, but were we to do that—we might surprisingly find a majority in favour of banning fireworks, largely because of the nuisance and distress that they cause to pets, but also because of the nuisance and disturbance they cause to schoolchildren. It is outrageous that anyone can let fireworks off in a built-up area on a school evening, when children are meant to be asleep, ready for the next school day.
Things have of course moved on from the time of my grandfather. He was an orphan growing up in south London. On bonfire night, the superintendent went around the orphanage with a bucket containing a series of fireworks, and each child was told to pick one out and to go and light it. That was in the late 1800s and I know it is not like that now, but individual fireworks are extremely dangerous. They are a type of explosive, and it is not safe to have mini-displays in back gardens. I think there is great merit in saying that all fireworks displays need to be licensed with a licensed operator.
The other issue to consider is that, frankly, amateur family-organised fireworks displays in people’s back gardens are basically rubbish. They have only a few fireworks, which do not go very high. They last a couple of minutes, and that is it, whereas an organised display has super-duper fireworks that do everything one could possibly imagine in all the colours of the rainbow and in all sorts of different patterns. They go extremely high, make fantastic noises and it is great fun. It lasts 20 to 25 minutes with a well-organised display. That is how fireworks should be displayed and appreciated. It should not just be a handful of fireworks launched by an enthusiastic dad to impress the kids in his back garden.
We have heard that 114 people go to hospital each year as a result of fireworks-related accidents. I am surprised by that, and I question the veracity of that figure. I am sure that the hon. Member for Poplar and Limehouse (Jim Fitzpatrick), who is a former fireman, agrees that that number is probably a lot higher. We have all read of very distressing cases where very small children have lost eyes or been caused serious burns and injuries because a fireworks display went wrong at home. Accidents of course happen with organised displays, too, but it is far less frequent. In this country we are privileged to have some fantastic fireworks companies and operators who organise magnificent displays, and we should encourage that. Were we to ban fireworks from domestic sale and say that all fireworks displays should be licensed with a proper operator, that would encourage the number of licensed displays in this country. Far from being bad news for the fireworks industry, it could be very good news.
The other point is that fireworks are of course distressing for animals. I have a feeling that those who like to have an amateur display in the back garden think it is upsetting only a few people, but they do not see the distressed dogs cowering in the corner of the living room. Responses to noise are one of the most primitive in-built instincts that all animals have. As human beings, we can be frightened by noise, but we can rationalise it, understand it and overcome it. Very few animals can do that. People who are operating these back garden displays do not see the small dogs, the large dogs or the cats—you name it—cowering in the corner petrified at the bangs going off outside.
Fireworks are great if they can be seen and if they are good, but they are universally awful if they can only be heard. Fireworks have to be seen to be appreciated; it is not possible to appreciate just the noise. Whenever somebody has a family firework display, hundreds of animals in the vicinity in a built-up area will be terrified for however long that display lasts.
The Government insist that children attend school every day, get their homework done and get the right grades, but how can we expect children to perform well at school if they are woken up at 9.30, 10 or 10.30 at night by an amateur firework display in the neighbouring street? They will probably wake up distressed; they might find it difficult to get back to sleep; and they will certainly not be as right as rain when they wake up for school the next day.
Angela Smith
The hon. Gentleman is making an excellent speech and showing a refreshing independence of mind in calling for regulation and indeed a ban on an activity such as this. His comments about the noise and the spectacle itself underline the point that we cannot drive fireworks underground by restricting their use to certain times of the year. It is impossible to drive the use of fireworks underground; they are seen and heard, so it is possible to police restrictions on the use of fireworks at certain times of the year.
Mr Hollobone
The hon. Lady makes a very good point. As a former special constable under the police parliamentary scheme, I know a little about trying to enforce rules and regulations. Often it is difficult, but she is right; when it comes to fireworks, it is relatively straightforward, although not in every case. I have had the experience of trying to track down where a very loud noise was coming from in a local area, and sometimes it is more difficult than people think. However, I managed to do it. It is possible, especially with other officers in attendance. It is also possible to draw on local intelligence from neighbours. The hon. Lady is therefore right to say that it is possible to enforce restrictions.
A ban is simple and understandable. If I were drawing up the legislation, I would prescribe days in the year when it is permitted to have licensed firework displays: Guy Fawkes night, Chinese new year, Diwali and the Queen’s 90th birthday, for example. At all other times fireworks would not be allowed, and I would have an absolute proscription on letting off fireworks during a school evening.
Encouraging people to notify their local area is very well meaning, but in practice it will not happen and will not be enforceable. We all know that there are responsible local firework displays organised on a small basis. One was organised by my local church not long ago. The volunteers from the church were well meaning. They put up notices in the local area that said what time the display would be and how long it would last. That is great, but there would still have been lots of animals in the local area distressed by the noise.
Joseph Johnson
No centrally available data are with the Department; the data are not separated out to show specific fireworks offences. The basis on which data are collected and given to the Home Office has changed, so we are unable to identify fireworks offences specifically or data of the kind the hon. Gentleman is interested in.
Angela Smith
The points about the role of trading standards were interesting, and I wonder whether the point about centrally collected data also applies to trading standards. Trading standards departments are important in terms of animal welfare, because they also enforce regulations on the breeding and sale of companion animals, particularly dogs and cats. There is real concern in the animal welfare world that trading standards do not have the resources to enforce regulation of either fireworks or, all important, the breeding and sale of dogs and cats.
Joseph Johnson
As I said, national trading standards continue to receive significant Government funding, to the tune of almost £15 million last year, but the hon. Lady’s concerns are on the record.
On public awareness, there is Government-sponsored guidance on the safe and considerate use of fireworks on the gov.uk website, including the fireworks code. It includes a link to the Safer Fireworks website, hosted by the Royal Society for the Prevention of Accidents, which includes a section on thinking of one’s neighbours and letting them know when planning a display, especially those with pets or animals, elderly neighbours and people with children.
In addition, the very useful “Celebrating with bonfires and fireworks: A community guide” is produced by the Department for Communities and Local Government. It, too, encourages consideration for neighbours and advising them of any fireworks planned.
Many local authorities provide advice on how to use fireworks safely and considerately on their websites, as well as links to other sites. In addition, UK fireworks manufacturers support the fireworks code, which is supplied with all their products and contains advice on safety and on considerate use, including informing neighbours when a garden display is planned. Many retailers have copies of the fireworks code available at point of sale. Retailers also have advice and safety information on their websites, including encouraging consideration for others. All such guidance means that the public have ample opportunity to be aware of their responsibilities.
My hon. Friend the Member for Northampton South also asked whether manufacturers and retailers could do more to mitigate the impact on animals. As I have already set out, the fireworks industry takes a responsible approach to the issue, and is keen to work with us to minimise the detrimental impact of its products. The sector supports the fireworks code, and its representatives regularly meet officials from the Department for Business, Innovation and Skills to discuss areas of concern, including those mentioned in the debate. However, I am confident that legislation already provides adequate safeguards and that the industry is doing everything it can to ensure that it continues to operate within that legal framework.
Finally, I come to the question of whether more could be done to support pet and livestock owners. Government are often not best placed to produce guidance on such matters, as others are in a better position to do so, but we are more than happy to promote and support guidance produced by other organisations. In particular, animal welfare charities such as Blue Cross, the RSPCA and the Kennel Club have produced freely available guidance on how to minimise the impact of fireworks use on animals and on how to reduce any distress that they might feel.
While this debate is not specifically about changing the law, I want to take the opportunity to reflect on the e-petition that sparked the discussion and the calls for further restrictions on fireworks use to four traditional periods: dates around Guy Fawkes, new year’s eve, Diwali and Chinese new year. In my view, changing the legal restrictions on use of fireworks is unlikely to be effective. It is likely that those who already use fireworks in an antisocial or inconsiderate way will not be deterred by further regulation. Indeed, further restrictions on when fireworks can be used could lead to more incidents of illegal use at unexpected times. That might also be associated with trade in fireworks illegally imported from overseas, which might not conform to stringent UK and EU standards. Moreover, restrictions in use could lead to a drop in legitimate sales, leading to job losses not only in the fireworks industry but in dependent and associated businesses.
My hon. Friend the Member for Kettering (Mr Hollobone) called for a ban on fireworks outside tightly licensed displays. I remind him that this is a £180 million industry that provides employment to at least 250 people directly and supports thousands of others in the supply chain and I am not sure that they would share his optimism that the proposal he advocates would lead to an overall boost in revenues for the sector and an increase in the security of their livelihoods. We need to bear their position in mind in the debate, too.
In conclusion, there are already restrictions and penalties in place that I believe reasonably provide for animal welfare. Fireworks use, by both the general public and professional display operators, is heavily regulated. There are restrictions on when they can be bought—including on internet sales—and used, how they can be stored and noise levels.