Fireworks

Charles Walker Excerpts

Monday 29th January 2018 Westminster Hall

[Several hon. Members rose—]

[Mr Charles Walker (in the Chair)]

Order. Colleagues, 12 of you want to speak. I have worked out that, if you each speak for eight and a half minutes, we should get everyone in and leave 10 minutes each for the three Front Benchers to make their winding-up speeches. I call Jim Fitzpatrick.

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

rose—

[Mr Charles Walker (in the Chair)]

Sorry, I got that wrong. I call Bill Grant. I do apologise, Jim; you will be next.

--- Later in debate ---

[Peter Aldous]

The hon. Gentleman makes a good point, which I was not going to raise, but it is pertinent, and it is right to make it, so I thank him.

There do not appear to be figures for the average length of the UK garden, but it has been suggested that the typical British garden is 50 feet long. If that is correct, many modern houses will not have gardens of the required size to ensure the safety of spectators when F3 fireworks are let off. Obviously, the consequences, should anything go wrong with the fireworks, are likely to be greater the closer the spectators are to them.

Trading standards and the fire service can have control over the storage arrangements at sites only if they are aware of those sites, which means only if they are licensed. Recent guidance to those bodies has encouraged them to be more proactive about storage conditions and quantities at licensed premises. In Suffolk the number of small independent retailers storing fireworks has dropped considerably in the past 10 years. It is unclear whether that is because of a lack of demand or an increase in the number of major supermarkets selling fireworks. Also in the county, trading standards continues to find minor issues with storage arrangements, with the occasional more serious problem being found on unannounced inspections. However, there have not been any major storage issues resulting in prosecution since 2010. In general, Suffolk County Council believes that the controls and powers that are in place are appropriate and sufficient to ensure that where unsafe storage issues are found they can be rectified without the need to resort to more formal measures.

In recent years the number of allegations about sales via social media such as Facebook has increased nationally and in Suffolk. Such sites are difficult to control as they are often promoted through private selling groups and thus they are not visible to all users. The sites often require investigators to “friend” the seller or join the group to determine how or where the fireworks are being sold. The Regulation of Investigatory Powers Act 2000 requires local authorities to obtain approval from magistrates courts before formal intervention can be contemplated, and that makes investigating allegations difficult, especially given the short time constraints of the firework season. The control of sale is currently limited to restrictions on age and on period of sale—generally between 5 October and 5 November—and controls on the quantity supplied. In the UK we limit the sale of F2 and F3 fireworks to those aged over 18. In many parts of Europe F2 fireworks can be purchased by anyone over 16.

It is also appropriate to raise an issue that links sales, storage and safety. It concerns the current exemptions for the storage of less than 5 kg net explosive content. I am advised that in some places in the north of England it has been reported that some businesses are trying to get round the need to hold a licence by restricting their onsite storage to less than 5 kg NEC while keeping their remaining stocks hidden. There is concern that some fire authorities would therefore not know of the existence of fireworks on a property, which could put both firefighters and the public at risk. Some in the fire service would like to remove that exemption, but that would need careful consideration, because if it were not implemented properly many other businesses that store less than 5 kg NEC perfectly legitimately could be affected.

Suffolk County Council also makes suggestions on how existing regulations could be improved. First, it touches on insurance. The issue of public liability insurance was raised by my hon. Friend the Member for Stafford (Jeremy Lefroy) in a debate on 18 November 2016, when he highlighted the case of a fire at SP Plastics in Stafford in 2014. The business suffered financially due to neither the individual business nor the licensee having appropriate cover in place. While health and safety legislation does not require public liability insurance, it is now recommended that those manufacturing or storing fireworks should hold it. That advice has been added to the Health and Safety Executive website and to the “Guidance to Applicants” section on the licence application form.

Suffolk trading standards receives information from Her Majesty’s Revenue and Customs on all firework imports. That information is then disseminated to the relevant district council and the HSE where the consignment is destined. While in theory that allows the council and HSE to monitor the amount of fireworks being stored at their licensed sites, the information provided by HMRC can be sketchy at times and there is little or no enforcement of the requirements. Even where the information is provided, many authorities have suffered cuts to their budgets that restrict their ability to monitor imports adequately.

I sense that I have probably stretched my time a little. I have more to say, but I will come to my conclusion, which is that the Government should adopt a systematic approach to the collection of the statistics. Having considered the extremely helpful information put together by Nigel Howlett at Suffolk trading standards, I believe that, on balance, there is a case for amending the current regulations, although it is vital that a full consultation and regulatory impact assessment take place before any changes are made. That should include all those businesses in the supply network; we must remember that the vast majority of them are responsible, and it is vital that their views are heard. Thank you for bearing with me, Mr Walker.

[Mr Charles Walker (in the Chair)]

I thank the hon. Gentleman for his self-discipline. Others had been shorter, so he was not in danger of eating up anyone else’s time.

--- Later in debate ---

[Angela Smith (Penistone and Stocksbridge) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Walker. I am slightly thrown because I thought you were going to call a Government Member, but I thank you very much.

[Mr Charles Walker (in the Chair)]

There are more Opposition Members than Government Members down to speak, so I am just trying to balance it out before the end.

[Angela Smith]

I appreciate that. I am not used to such favours. It is a pleasure to contribute to the debate, which was very ably moved by my hon. Friend the Member for Clwyd South (Susan Elan Jones).

This issue has been repeatedly debated in Parliament and has been the basis of more than one petition. Some 158 signatures to this petition were secured in my constituency, which is higher than average. That does not surprise me, because I receive regular correspondence on the topic from constituents, and with very good reason. On 6 November last year, just after bonfire night, the local newspaper, The Star, reported:

“Fireworks thrown at police officers and fire engine attacked as more than 500 incidents”

of irresponsible use of fireworks were reported across South Yorkshire in the space of a few hours.

I have to say that, although the irresponsible use of fireworks and how they are sold are matters of great concern to many people, like many others—I think everybody who has spoken so far—I make it clear that I am not opposed to public firework displays. Indeed, I have enjoyed the new year’s eve display across the river near the London Eye, I have enjoyed firework displays in Madeira and I have enjoyed much smaller displays in my constituency, such as at the Waggon & Horses in Langsett, which does a wonderful “Mr Fox” night every year on the night of the hunter’s moon. Let me be clear: I enjoy a good firework display.

However, while displays such as those I described are magnificent spectacles, there are many times when the—particularly private—use of fireworks is not only a nuisance but downright dangerous. The latest figures, which have already been cited but are worth repeating, show that, between bonfire night and new year’s eve in 2017, there were 221 reported incidents of firework misuse. Those range from reports to the RSPCA in Wales about distressed and unwell stray dogs on new year’s eve to a report of a large group of teenagers, with some wearing masks, running in front of cars and setting off fireworks. The cars had to swerve away from them or execute emergency stops.

Of more concern, according to the Firework Abatement campaign, is admissions to hospital owing to firework accidents, which have risen year on year over the last few years. That is also of particular concern to me, because I do not think any right to enjoy the private use of fireworks is worth the serious risk of injury and harm to people and animals. We have all seen pictures of children who have been permanently disfigured by the misuse of fireworks, and I think there is a responsibility on the House to consider the balance between regulation and the rights of individuals because of the increasing risk of injury.

In addition, many animal welfare charities have for a number of years been concerned about the effect of the use of fireworks on animals. The British Horse Society has reported year-on-year rises in horses either injured or killed because of fireworks, as was mentioned earlier. The RSPCA has long-standing concerns about the effects of fireworks on dogs, with almost half of all dogs showing signs of distress. Many cats also show distress when fireworks have been used nearby. The Dogs Trust did a very interesting survey of 3,750 pet owners on this matter. The results showed that two thirds of dogs are worried by fireworks, and that 93% of owners alter their routine during firework celebrations to try to minimise the trauma on their pets.

That is all evidence that something needs to be done and that we really need to start taking this seriously. All the organisations I have referenced would like to see changes made to the law to secure further restrictions on the use of fireworks, and I think they have a strong case. As the law stands, regulations derived from the Fireworks Act 2003 dictate that fireworks must not be let off between 11 pm and 7 am, except at Chinese new year, Diwali and new year’s eve, when the period is extended until 1 am, and bonfire night, when it is extended to midnight. That means that fireworks can be legally used by private citizens 365 days a year—every day—between 7 am and 11 pm. That is an incredibly liberal regime.

The Government response to that, and to the petition in particular, is to argue, as they have done for some time, that the best way to deal with the problem is through education. I have to disagree. That policy is weak in the face of the evidence, which, although it is not as robust as one would perhaps like, indicates increasing antisocial use of fireworks, and that more damage to people, animals and property is taking place than ever before.

I am not here to call for a complete ban on the private use of fireworks, much as I would like to. My hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick) said he was a fully paid-up member of the grumpy old persons’ club, and I would also like to subscribe as a fully paid-up member. However, as much I would personally like a complete ban on anything other than public displays—I absolutely agree with the hon. Member for Ayr, Carrick and Cumnock (Bill Grant) on this—I recognise that that would probably be a step too far at this stage. What we need are further restrictions, to allow fireworks only on agreed traditional dates, such as 5 November, new year’s eve, Chinese new year and Diwali.

We also need further restrictions on the noise levels allowed. The current regime allows fireworks to make noise up to a 120-dB limit, which is the equivalent of a jet aircraft taking off. That is far too loud and a cause of great concern, particularly to the many animal welfare charities that have contacted us on this. I also take the point made by the former Secretary of State, the right hon. Member for Meriden (Dame Caroline Spelman), about the need to be more careful about where public displays take place. The Government ought to have more regard to that.

The law as it stands does not protect vulnerable people, as my hon. Friend the Member for Clwyd South pointed out. The available evidence suggests that private firework use also has an extremely detrimental effect on both domestic and wild animals. It is disappointing that the Government appear unwilling to open up this area of legislation for review, given the year-on-year increase in antisocial use that I described earlier.

As I said earlier, no right to let off fireworks in the back garden, to buy those fireworks or to organise family gatherings in private places, is worth the significant risk of injury to children, animals and adults that we see year on year. Something needs to be done. A change in the law would certainly have public support, with online petitions gaining more than 100,000 signatures each year for the last three years. I therefore ask the Minister—I agree with earlier comments that he is a very reasonable and competent person—to take on board these concerns, to re-evaluate firework use and to consider introducing new restrictions and guidelines on the use of fireworks by private citizens.