Fireworks: Public Sales

Helen Jones Excerpts

Monday 26th November 2018 Westminster Hall

[Helen Jones (Warrington North) (Lab)]

I beg to move,

That this House has considered e-petition 231147 relating to the sale of fireworks to the public.

It is a great pleasure to serve under your chairmanship, Mr McCabe. The petition calls for a ban on the sale of fireworks to the public and for a move to organised displays only. Numerous petitions about fireworks have been submitted through the Petitions Committee website; if memory serves, this is our third petitions debate about them. Debates on fireworks have also been initiated by hon. Members and numerous parliamentary questions have been asked about related issues. The Facebook page that we set up for comments on this petition has received 956 engagements and been viewed by 4,800 accounts, while more than 61,000 viewed the digital debate. That is a real measure of the public concern about the issue, which the Government ignore at their peril.

Let us be honest: a lot of us look at fireworks through the rosy glow of our childhoods, but we ought to remember that the occasions we look back on usually took place only on 5 November and were very limited in scope—in our case, it was dad letting off a few fireworks, with a packet of sparklers for the kids and a Catherine wheel that never went round properly and burned the shed door. Fireworks are now used on many more occasions. They are common at new year—when I was growing up, the most excitement we got at new year was train drivers sounding their hooters at midnight. Fireworks are also used on other occasions such as Diwali and Chinese new year, understandably, and they are even used on family occasions such as weddings and birthdays. As they have come to be used more frequently, they have grown more powerful and noisier. It was concern about that issue that led to the Fireworks Act 2003.

[Emma Hardy (Kingston upon Hull West and Hessle) (Lab)]

I am sure my hon. Friend agrees that at the moment perhaps one of the only things that unites the whole country is our love of animals. As she mentions, we have regulations on when fireworks can be sold but none on when they can be used. Surely, to protect our dear cats—like my beloved Thomas and Serena—from distress, there should be limits on when fireworks can be used throughout the year.

[Helen Jones]

My hon. Friend makes a good point, which I shall address later in my speech.

The 2003 Act, which began as a private Member’s Bill but was supported by the then Labour Government, was an enabling Act that allowed Ministers to make regulations to control fireworks and explosives.

[Stephanie Peacock (Barnsley East) (Lab)]

My hon. Friend mentions our laws about fireworks. Although those laws are often enforced, cuts to local authority budgets have meant that the staffing levels necessary to enforce them have fallen by more than half in the past few years. Does she agree that that makes it a lot harder to regulate the use of fireworks?

[Helen Jones]

My hon. Friend is right, and she anticipates a point that I will make later.

The Fireworks Regulations 2004 introduced a lot of rules about the sale, possession and use of fireworks. They introduced a licensing system for those who sell fireworks all year round, limited the sale by other suppliers to dates around 5 November, new year, Chinese new year and Diwali, imposed a maximum decibel level of 120, and forbade the possession of adult fireworks—those in the F2 and F3 categories—in a public place by anyone under 18. F4 fireworks, which are the most explosive, can be possessed only by fireworks professionals.

[John Howell (Henley) (Con)]

Will the hon. Lady give way?

[Helen Jones]

One more time, but then I must make some progress, in fairness to those who want to speak.

[John Howell]

The hon. Lady is being generous in giving way. May I pick up on her point about decibels? There is now a whole generation of almost silent fireworks with a reduced decibel level. Does she welcome their introduction to the market?

[Helen Jones]

“Silent fireworks” is a bit of a misnomer, because they are not entirely silent. Clearly they are welcome, but they do not solve many of the other problems associated with fireworks.

The 2003 Act and the regulations made under it have gone some way towards assuaging public concern about the issue, as have the Explosives Regulations 2014 and the Pyrotechnic Articles (Safety) Regulations 2015, which relate to the safety of fireworks as consumer products. But—and it is a big “but”—public concern seems to have risen again recently. I regularly get letters and emails at certain times of the year, as I am sure many other hon. Members do, from people who are concerned about the noise, pollution and antisocial behaviour associated with fireworks.

[Several hon. Members rose—]

[Helen Jones]

If hon. Members will forgive me, I need to make some progress, because a lot of Members are waiting to speak.

As my hon. Friend the Member for Barnsley East (Stephanie Peacock) mentioned, the problem is partly one of enforcement. For instance, an 11 pm curfew on fireworks is in place most of the time, with exceptions for new year and other occasions. Breaching the curfew can result in a fine, imprisonment or, if offenders are over 18, a £90 fixed penalty notice from the police. But the police have to be there to catch the perpetrators, and we have lost so many officers—21,000 since 2010—that chief constables are having to make very difficult decisions about where to deploy their personnel. Likewise, although a fixed penalty notice of £80 can be given to anyone under 18 in possession of adult fireworks, community policing has been so hollowed out that we have lost not only police officers but 40% of the police community support officers who might have been able to catch and report on offenders. It is therefore very difficult to enforce the regulations.

Trading standards officers in local authorities face the same problem. Councils have been hit so hard by cuts that have they have had to pull back and carry out only their statutory duties. Trading standards officers have been cut and cut, which makes it very difficult to enforce the licensing system, prevent the sale of adult fireworks to anyone under 16 or prevent the sale of more powerful fireworks to anyone under 18. Trading standards officers do a great job, but there are simply not enough of them. For the same reason, many councils have cut back on organised displays because they can simply no longer afford to put them on.

The Government need to be very clear about what is happening. In January, the last time we debated the issue, the then Minister, the hon. Member for Burton (Andrew Griffiths), said in answer to my hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick) that he did not have statistics on the prosecution of fireworks offences because the Home Office did not collect them in that way. We do not know the trends, and we do not know about enforcement or whether it is working. One contributor to our forum wrote:

“So here we are 11 days after the official date and we are still getting fireworks being used.”

Many people have come to believe that the regulations are not being enforced. If the Government contend that the regulations are sufficient, they must ensure that the means to enforce them are in place.

Others have said clearly that they think it is time for greater regulation. One contributor said that the fireworks regulations need to be tightened, as there is enough evidence to prove that fireworks are being used inappropriately by persons willing to cause harm to people.

I have had many emails from people, as well as contributions to our Facebook page. Some have made the point that they use fireworks responsibly and without harm, which is true of many people. Some have told me, “It’s a tradition”—the good old British tradition of burning effigies of Catholics on a bonfire every 5 November, which some of us might find a little problematic, to say the least. We have even had people talking about the nanny state, and the classic, “It’s political correctness gone mad.”

I know the Government do not like regulations. Ministers always tell us how many regulations they have got rid of, but sometimes regulations are necessary for protecting the public. There is a balance to be struck in any society between the right of people to do as they wish and the harm caused to others. Let us be clear: even fireworks on sale to the public can cause significant harm. A fireworks professional said in a Facebook post that he had known even F2 and F3 fireworks to go wrong on displays, and that there would have been a serious injury had he not been wearing protective clothing. There is no such thing as a safe firework. Let us be clear: the harm they cause can be considerable.

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

Will my hon. Friend give way?

--- Later in debate ---

[Helen Jones]

I will take one more intervention and then I must press on.

[Alex Sobel]

My hon. Friend is making an excellent speech. My constituents the Snell family had a dog, Queenie, who became increasingly sensitive to fireworks. A firework went off right by their house on the Wednesday after bonfire night, and Queenie became so inconsolable that she had to be euthanised. Does my hon. Friend agree that we should be licensing individuals to operate fireworks, and that only they should be allowed to buy them?

[Helen Jones]

The effect on animals has been raised with me, and I shall come to that in a moment.

Let us also remember the effect on people. Last year in England alone there were 4,436 visits to A&E by people with firework injuries. That is more than double the figure of 2,141 in 2009-10. There were 168 admissions for firework injuries in 2015-16 and 184 last year. Admissions had been going down but they are now going up again. Let us remember that some of those will be catastrophic, life-changing injuries. The cost to the person concerned is incalculable, but there is also a cost to the NHS, through the strain on our A&E departments as more people are admitted. I know that family members who work in the NHS dread 5 November as much as firefighters do, because they worry about the injuries that they will see. Some are so bad that the British Association of Plastic and Reconstructive Surgeons has called for fireworks to be sold in boxes displaying pictures of injuries, rather than in what looks like packaging for sweets. It is certainly right about the packaging.

As well as injuring people, fireworks are a problem for animals, as several hon. Members have mentioned. I have been contacted by a number of people who say that their pets have to be sedated when fireworks are going off. They are supported by a number of charities, including the Royal Society for the Prevention of Cruelty to Animals, the Kennel Club and the Dogs Trust. It is fair to say that not all these charities are asking us to move to public displays only. The RSPCA wants the decibel limit reduced to 97 and would like the use of fireworks, not simply their sale, restricted to certain times of the year. It also calls for all public displays to be licensed and for residents to be able to object to the licence—something I will return to later. By contrast, the Dogs Trust would like us to move to public displays only.

Noise has an effect not just on animals, but on people. It particularly has an effect on elderly people and those with mental health problems such as post-traumatic stress disorder. Shoulder to Soldier is a charity that originated in the constituency of my hon. Friend the Member for Leigh (Jo Platt), and which also has an office in Howley in my constituency. It has campaigned vigorously to make people aware of the effect on some veterans of having fireworks let off near them and has been supported in that campaign by the Royal Society for the Prevention of Accidents.

With the noise goes pollution. For the five days around 5 November, particulate pollution was very high in this country. On 5 November itself, towns and cities across Britain, such as Stockton, Leeds and Sheffield, reached level 10, the maximum level of pollution.

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

Will my hon. Friend give way?

--- Later in debate ---

[Helen Jones]

I will take one more intervention—the very last one—and then I must finish.

[Mrs Hodgson]

I am very grateful to my hon. Friend for giving way. On the issue of noise, 584 of my constituents have signed the petition, which is really high for my constituency. A number are concerned about the effect on animals, in particular the effect of the noise. It was also pointed out to me that a number of people will set off large amounts of fireworks at the same time, not for the effect in the sky but for the high decibel level and the noise. Is she aware that that is one of the problems we face?

[Helen Jones]

Yes, I am. My hon. Friend is quite right, and that goes back to the issue not only of regulation, but of enforcing it.

To return to pollution, we know that it has an immediate effect on people with respiratory illnesses—people, like me, who have asthma. We are also becoming increasingly aware that it has a long-term effect on children, particularly on the development of their brains and lungs. Maybe it is time to ask why we are contributing so much extra pollution.

I also want to raise the issue of the demands on emergency services, particularly the fire service. One of the pluses of coming from a very large family is that I have relatives everywhere. I did have relatives in the fire service, and they prayed for rain on some of these occasions because of the stress they put on them. In Greater Manchester this year, calls were running at one a minute at peak times. In Scotland, there were over 700 calls to 338 bonfires. A lot of those might be classified as minor fires—a fire is minor only if it can be controlled—but we should remember that while crews attend those incidents, they are not available for potentially life-threatening incidents elsewhere in their area. That means that fire engines would have to be brought from further away, and minutes count when saving a life.

If that was not bad enough, fire crews are increasingly coming under attack. I have had a number of emails from serving firefighters who raise this with me. They are quite right to do so, because even a cursory trawl through the various websites throws up lots of incidents. Crews had fireworks thrown at them in north Wales. In Manchester, a crew went out to an incident and were immediately attacked by a gang throwing fireworks. The police were called, and it took 90 minutes to bring that incident under control—90 minutes when that appliance was unavailable for a fire elsewhere. That incident also threatened the lives of the crew.

Crews have also been attacked in Scotland. In Glasgow, riot police had to be called because people were throwing fireworks at houses and cars and then at the police who came out. To see how horrific the situation is, I urge the Minister to look at a video that was put online by the West Yorkshire Fire and Rescue Service—a firefighter elsewhere sent me the link. It shows video footage that was taken by a camera on one of their appliances. The crew come out to what looks like a fairly small fire, and they are immediately attacked by a gang of people throwing fireworks at them. It is really horrific. Why are we subjecting our emergency services—not just the fire service, but ambulance crews and the police—to that kind of attack, day in, day out, year after year?

People will say, “Well, fireworks don’t cause antisocial behaviour.” Of course they do not. Knives do not cause knifings and chemicals do not cause blinding, but we regulate them because they can be used to ill effect. The same is true of fireworks. It is time we moved forward with this issue. I love a fireworks display, but I am happy to watch an organised display somewhere where everyone is safe.

[Mrs Hodgson]

Will my hon. Friend give way?

[Helen Jones]

I am going to wind up, if my hon. Friend will permit me.

Even organised displays need regulating. I was struck by an email I received from a lady who lives in a small village near a wedding venue, which has had display after display this year. She said that, each time, the residents have to be out with their animals in the fields to stop them from panicking. She told me that she lost a Jacob lamb because the ewe ran away frightened and would not come back. Another person said on our website that, as an agricultural worker, they have seen too many horrific injuries to their horses and other animals. Let us remember that we are talking not simply about pets, but about people’s livelihoods. We ought to bear that in mind.

It is time to act. If the Government are not prepared simply to move to organised displays, there are other things that they could do. They could raise the age for buying fireworks or restrict use, as well as sale, to certain times of the year. They could ensure that the police and local authorities are given the wherewithal to enforce the regulations. If they will the ends, they have got to will the means.

I must confess that I am a reluctant convert to organised displays, but I do not believe that continuing things as they are is worth the NHS admissions, the attacks on emergency service personnel or even one child being seriously burned and blinded. We will have petition after petition and debate after debate until the Government start to take notice. This is becoming a serious issue about public order and antisocial behaviour. It is time that the Government took it seriously and acted on it.

[Several hon. Members rose—]

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)]

It is a pleasure to serve under your chairmanship, Mr Howarth. I pay tribute to the hon. Member for Warrington North (Helen Jones) not only for introducing the debate on behalf of the Petitions Committee but for her thoughtful and informative speech. I also thank all hon. Members who have taken part in today’s debate. It is great to see such a highly subscribed Westminster Hall debate. I am also grateful to those who signed the e-petition that has brought us here today.

As has been discussed, a very similar debate took place in January, following a petition that also sought to

“Change the laws governing the use of fireworks to include a ban on public use”.

That debate took place because 113,000 people signed that petition. Today, we are debating a petition that has received over 280,000 signatures. Again, it calls for a ban on the sale of fireworks to the public and for displays at licensed venues only. I am also aware that there are campaigns under way regarding the use of fireworks, such as the one organised by the Royal Society for the Prevention of Cruelty to Animals, and a further petition, under the change.org banner, has received over 330,000 signatures. The issues have been debated thoroughly, both today and in January.

Let me also offer my thanks to the hon. Member for Glasgow Central (Alison Thewliss), who had a debate on this issue scheduled for tomorrow but who, because of today’s debate, has decided to combine it with this one. I thank her for forfeiting her debate.

I empathise with the concerns that have been raised, and the Government understand the strong feelings that many people have about fireworks. For those reasons, I do not want to simply restate what the law is, although I will do so briefly for the benefit of hon. Members. We have legislation in place to regulate the supply, storage, possession, use and misuse of fireworks, to help to ensure public safety. These powers include powers to prosecute those who use fireworks in a dangerous or antisocial manner. Together, the restrictions set out in the Fireworks Act 2003, the Fireworks Regulations 2004 and the Pyrotechnic Articles (Safety) Regulations 2015 provide the regulatory framework that seeks to support the public’s enjoyment of fireworks while effectively managing the risk of fireworks harming individuals, property or animals.

Retailers may sell fireworks without the need for a specific licence during short windows of time around the traditional fireworks periods of 5 November, new year’s eve, Diwali and Chinese new year. However, if they wish to sell fireworks at other times of the year, they must seek a licence from their local authority. Age restrictions are in place to prevent the sale of fireworks to those under the age of 16 or 18, depending on the classification of the firework. There are further restrictions on the public possession of most fireworks by those under 18. Local authority trading standards officers have the powers to take action against those who sell fireworks illegally, including those selling fireworks without an appropriate licence, outside the normal selling period or to under-age children. Those powers also cover the sale of illegally imported fireworks and internet sales.

I recognise that the noise from fireworks can be distressing to some people and animals, and many Members today have shared their experiences and the concerns of their constituents. That is why there is a noise limit of 120 dB on fireworks available for consumer use. Consumers can also choose to buy from the wide range of low-noise or silent fireworks that are now available, as some hon. Members have highlighted.

I want to reassure hon. Members that the Government continue to take the enforcement of firework safety seriously. Trading standards can order the removal of unsafe products from the market and can take action against retailers who flout the law by selling fireworks to under-age children or who fail to abide by the licensing rules. The police do take action to combat antisocial behaviour and the dangerous use of fireworks by individuals, and many hon. Members today have described the illegal sale and use of fireworks. The hon. Members for Glasgow Central and for West Bromwich West (Mr Bailey) described serious criminal activity involving fireworks that has happened within their constituencies. Quite frankly, they outlined some disgusting behaviour by individuals in their use of fireworks. Such incidents are investigated by the police, leading to fines and in some cases imprisonment, so although I recognise hon. Members’ concerns, I do not accept the premise that the police do not investigate what I would call criminal activity.

[Helen Jones]

Can the Minister tell us whether her Department now collects statistics on the number of prosecutions for fireworks offences? If it does, what is the trend? Are prosecutions going up or down?

[Kelly Tolhurst]

I thank the hon. Lady for making that point. As some hon. Members have already outlined, when the last debate on this subject took place in January, we were just setting up the Office for Product Safety and Standards. We talked then about the collection of data, and my Department is working with National Trading Standards to consider ways to collect data to back up any proposed changes.

To recap, criminal events in which people use fireworks are investigated by police, if they are reported. In some cases, they attract fines and, in others, imprisonment.

[Kelly Tolhurst]

I would like to refer to the hon. Gentleman’s comment and also to his earlier remark about an incident in which a firework was thrown into a pub. He suggested that it was not investigated—

[Helen Jones]

He did not say that.

[Kelly Tolhurst]

Perhaps I misunderstood, but that is what I heard from this end. My suggestion is that the police do take such matters seriously, in any constituency. Regarding any criminal activity that is identified as serious, the police absolutely attend.

--- Later in debate ---

[Helen Jones]

I take this opportunity to thank all Members who have participated in the debate and made some very useful contributions to it. I would like to be able to thank the Minister, but in 21 years I have seldom heard a response that took so little cognisance of the debate that had just happened.

We have now had three e-petition debates on the issue, yet the Government have taken no account of the public views that have been expressed time and time again. I remind them that the petitions system was set up as a joint system between Parliament and Government in the expectation that Government would take it seriously, and they clearly are not. The Minister has talked about enforcement, but she will not commit more resources to it.

[Kelly Tolhurst]

Will the hon. Lady give way?

[Helen Jones]

One moment. The Minister has said—[Interruption.] No, I am not giving way; I have not finished my sentence. She has said she believes that she needs to collect more data and that there has been no unanimity in this debate. This debate was unanimous about wanting more controls on fireworks. She said that she is sorry for our emergency services, but she has put forward no way—

[Kelly Tolhurst]

Will the hon. Lady give way?

[Helen Jones]

I only have two minutes, so I am not giving way. Clear?

[Kelly Tolhurst]

Two minutes? You have 10.

[Helen Jones]

I have two minutes to wind up. The Minister has said that she wants to protect our emergency services, but she has come up with no way of doing that. She has said, “We want to work with the industry.” I wonder whether that will be as successful as the Government’s obesity strategy has been in working with the industry concerned.

My constituents and other Members’ constituents are clear that they want action. I know the Minister is a junior Minister and is unable to promise much herself, but the Home Office has to start taking this matter seriously or we will be here debating it time and time again until it does. My Committee will certainly want to look at it again. These are serious issues about people being injured, emergency workers being attacked and people’s lives being made a misery. It is time that the Government started to take it seriously.

Question put and agreed to.

Resolved,

That this House has considered e-petition 231147 relating to the sale of fireworks to the public.