Fireworks

Chris Williamson Excerpts

Monday 29th January 2018 Westminster Hall

[Susan Elan Jones]

My hon. Friend from Wales makes a strong case.

I mentioned earlier the 5,700-plus comments reflecting different views on the Facebook page. I cannot talk about all of them but I will quote one: Facebook user Stephanie Daisy shared a moving video about her daughter, Maisie, who suffered serious injuries after a small home firework display went wrong on 5 November 2016. A stray flare became stuck in her scarf before exploding. She suffered full thickness burns to her head, neck and shoulders, and had five separate operations. In response to the post on Facebook, Stephanie said:

“My thoughts are, and always will be, that fireworks can be devastatingly dangerous even when used safely and as such should only be allowed at organised displays”.

Stephanie is not alone in her views. In fact, many others seem to share them, including veterans with post-traumatic stress disorder.

For such veterans, fireworks can be an unwelcome trigger for upsetting and frightening memories of conflict. The veterans’ charity, Shoulder to Soldier, runs a campaign to raise awareness of the negative effect that random fireworks can have on veterans who live with PTSD. That can be a particular problem nowadays as we do not only “Remember, remember the fifth of November”, but scores of other days throughout the year, with much random letting off of fireworks.

[Chris Williamson (Derby North) (Lab)]

Would my hon. Friend care to comment on a scenario that happened in my constituency? The home of Mr and Mrs Bagshaw was destroyed after a random firework entered the roof space and caused a fire which devastated their home. I asked if any consideration was being given by Ministers to lowering the explosive content of fireworks available to the general public, but the response was that there was no such plan. Will my hon. Friend comment on that aspect of this debate?

[Susan Elan Jones]

My hon. Friend makes a good point and there are similar examples in other constituencies, although the one he refers to is especially serious.

People who wear hearing aids have concerns, too. According to The Independent, the petition organisers claim that random fireworks can be a nuisance to those who wear hearing aids. Individuals with those devices can turn the volume down or remove the hearing aid completely if they have prior notice of fireworks events. However, when fireworks are not expected, the noise they produce can cause significant pain and discomfort to hearing aid users.

--- Later in debate ---

[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.

[Chris Williamson]

My hon. Friend went through the extensive regulatory safeguards in detail, but they are only as good as their enforcement. We hear every bonfire night, and on other occasions, of examples such as the appalling incident in my constituency where two vile sadists strapped two rockets to a cat and set them on fire. We clearly need better enforcement. I wonder whether she will comment on the fact that cuts to local authorities, to police services and so on make it difficult to enforce the regulations, which should provide safety to the general public.

[Susan Elan Jones]

That is probably true, and I know what I would quite like to do to some perpetrators, but it is worth noting that some countries have far tougher rules for spontaneous local firework displays. Last November, a fascinating piece on the BBC website noted how, in the American state of Delaware, someone can get a shotgun without a licence but it is totally illegal for an individual to buy a firework. It struck me as interesting that the right to bear sparklers is governed by tougher laws than the right to bear arms. Some other states relent on sparklers—I am conscious that my emphasis on sparklers reflects a certain subjectivity—but ban all other fireworks. In all seriousness, that is an interesting comparison.

I give that example because I think we need more objective evidence—and not primarily from other countries. The petitioners refer to the need for proper statistics about firework-related incidents. A related newspaper article states that petitioners found it impossible to get the relevant information through freedom of information requests. I agree with the petitioners that to debate this issue properly and to consider the extent of the problem we need full and accurate data. We do not have that at the moment, and I believe that the Government should provide it.

It is also time that the Government launched a proper, comprehensive consultation on this issue. We cannot discuss all this by anecdote alone. We cannot seriously have a grown-up discussion about what the law should be when all we have to go on is the subjectivity of lawmakers who have happy childhood memories of small informal firework displays and those who, for equally personal reasons, do not. We need evidence, statistics and a proper debate, and we need the Government to launch a formal consultation on this issue.