Fireworks

Jim Fitzpatrick Excerpts

Monday 6th June 2016 Westminster Hall

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

It is a pleasure to see you in the Chair this afternoon, Ms Vaz. I congratulate the hon. Member for Northampton South (David Mackintosh) on introducing the debate on the back of the e-petition.

I am pleased to follow the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier); I always enjoy listening to her contributions. I do not want to get into a squabble with her about which fireworks display is better, London or Edinburgh. If she had said Glasgow’s display was better than London’s, I might have faced a little conflict of interest, but London against Edinburgh? Come on; that is just too much of a stretch.

A number of colleagues will know that I spent 23 years in the London fire brigade before becoming the MP for Poplar and Limehouse. I was an operational firefighter for 13 years. For 364 days of the year, people young and old would be knocking on the doors of the fire station because they wanted to come in and look at the fire engines and talk to the firemen, as they were in those days—now we have both male and female firefighters. However, on bonfire night, things were entirely different. I have a quote here from the Chief Fire Officers Association, stating:

“Emergency service workers are more likely to be the victim of violence and hostility whilst carrying out their duties on November the 5th than most other nights of the year. Organised displays are generally safer and people are less likely to be injured.”

That is because 5 November is the night of the year when firefighters literally pour cold water on a lot of people’s fun—fires get out of control, and firefighters try to make sure that their community is safe.

The Minister will know that we have nearly 7,000 fewer firefighters today than we had in 2010, which means that there are not so many targets for people to aim at on 5 November. Maybe he would like to take that up with his colleague at the Home Office who is in charge of the fire service, because the cuts to the fire service across the country have gone too far and we are now endangering the public, as a variety of recent statistics have demonstrated.

Of course, the situation now is very different from when I was in the fire service. It is no longer just on 5 November that fireworks are used; people enjoy fireworks at parties, birthday events, cultural festivals and weddings. As my hon. Friend the Member for Mansfield (Sir Alan Meale) pointed out, fireworks are bigger and noisier, and many of them are a lot more dangerous because they are illegal imports. Furthermore, as my hon. Friend the Member for Penistone and Stocksbridge (Angela Smith) said, the misuse of fireworks as weapons by the antisocial means that they are dangerous to ordinary people as well as to emergency service workers, let alone the damage that they do to animals.

I confess to having been very interested when I read the House of Commons Library briefing for this debate, for which I thank the Library. I am interested in hearing the Minister’s response to the debate, and especially hearing why the Government regard things as having improved, which is the essence of their comments in the briefing pack.

The Government say that current regulations outline the times of the year when fireworks are on sale, but colleagues have already made the point about fireworks being stockpiled at the end of those periods to be used at other times of the year. The Government say that

“the availability and use of fireworks outside the traditional periods has been greatly reduced”

and that the regulations regarding curfews are working really well. I would be very interested to hear the Minister’s statistical defence of those comments. I am not saying that they are not true, but I would be happy to hear the statistics supporting them. It will be good news if they are true, but anecdotally that does not seem to be the situation. The Library briefing further quotes the Government’s response:

“Although there is some use of fireworks outside the traditional periods, we believe that the majority of people who use fireworks do so at the appropriate times of year and have a sensible and responsible attitude towards them. There are no plans at the moment to place further limitations on their use.”

The message that has come across from virtually every speaker in the debate so far is that we should ask the Government whether the balance is right, and how vigilance can be maintained to ensure that people who abuse the privilege of fireworks or misuse the materials are taken to task. I will come back to that point in a moment, and I will also turn to animal welfare issues.

First, however, I want to refer to the briefing and factsheet that the British Fireworks Association sent us—these points have already been made by one or two colleagues. The BFA urges us

“not to support the proposals outlined in the petition”,

because they would

“increase illegal sales and create a black market trade, creating an additional problem for law enforcement agencies”

and

“force legitimate importers and retailers out of business, costing hundreds of jobs”.

It says that the industry is “responsible” and “puts safety first”, that its products are

“enjoyed by 10 million people every year”

and that if they are enjoyed responsibly there ought not to be a problem. The association suggests that the penalty for those found guilty of misuse should be increased from £1,000 to £5,000, so even the industry accepts that there needs to be some adjustment of the regulations controlling the sale, use and misuse of fireworks.

The association helpfully draws attention to another fact:

“In 2014/15 there were 114 people admitted to hospital as a result of firework related incidents. During the same period there were over 7,000 people admitted to hospital as a result of dog bites.”

A lot of Members have been campaigning about responsible dog ownership for many years, and excusing one issue does not excuse the other. We should be doing more on both.

The Chief Fire Officers Association largely supports the BFA. In a quote it supplied to us it states that it

“supports the need for maintaining effective controls…However, the legislation in place following the review”

of the 2014 regulations

“we believe is proportionate to the risk and any proposals to shorten sales periods could have an opposite impact with the potential to increase illegal firework sales, black market and rogue traders”,

which we obviously need to be wary of.

We have received briefings from other organisations, including Battersea Dogs and Cats Home, the British Veterinary Association and the National Farmers Union, some of which have already been quoted from. My hon. Friend the Member for Penistone and Stocksbridge referred to the lengths to which Battersea has to go to look after its animals. The home also gives us an interesting statistic: in an average week in October it takes in 88 animals, but in the week of bonfire night there is a 20% increase in the number. Animals are frightened—they panic and scatter—and then are handed over because their owners are not able to control them indoors, are worried about their behaviour and are looking to offload them.

Helpfully, Battersea Dogs and Cats Home draws attention to its 10-point plan, which I will come back to when I speak about Government advice for people who use fireworks and for those who have to suffer them. The points include looking after animals indoors, escape-proofing the house to protect animals from stampedes, creating a hiding place, drawing the curtains, putting on music and avoiding taking the animals out. They do not include the air freshener that was mentioned earlier, but whatever works has to be of assistance. The home goes on to say that it

“would be supportive of…more effective enforcement of curfews, which would be of benefit as an anti-social behaviour measure for communities in a wider context than just animals.”

People who do not observe the regulations on time, noise or location of fireworks are straightforwardly being inconsiderate, selfish and antisocial. It has been said that the concept of personal space seems to be diminishing in our society, and that is just another example.

On the British Veterinary Association’s briefing, I should declare that I found my BVA honorary membership card this afternoon, and I know that my hon. Friend the Member for Penistone and Stocksbridge is also an honorary member, as are other colleagues here. We obviously have to take due note of the BVA’s briefing, otherwise our membership might be revoked. Its points have already been referred to, and they are straightforward. They are about the impact of firework noise on animal welfare. As my hon. Friend said, the association is calling for a revision of the levels of noise allowed, including through the setting of different levels for different types of firework. It is also calling on the Government to help ensure that information and advice on the prevention and management of noise is available to pet owners and others in the community. I would be interested to hear the Minister’s comments on that.

The National Farmers Union has also made some comments on the issue, stating:

“Fireworks…have the possibility to frighten livestock, which can lead to lower production and even stock loss. Poultry especially are at risk of a ‘smother’, where birds huddle closely together which can result in overheating and occasionally death. In addition fireworks can pose a fire risk if hot embers land on buildings or in fields of standing crops. This is particularly an issue during the summer when crops are more likely to be dry. While the NFU does not have a position on when it is appropriate for fireworks to be let off we would call on everyone using fireworks to consider the safety and wellbeing of their neighbours and neighbours’ animals.”

The hon. Member for Strangford (Jim Shannon), who is a farmer himself, made that point, and the point about the impact on the community.

Making fireworks illegal is just not sensible. It is a non-starter, notwithstanding the fantastic petition. Everyone who has spoken so far, and I suspect everyone who will speak, has sympathy for animal owners and the animals that have stress as a result of fireworks, but I do not think that banning fireworks will happen. The industry is regulated, but the regulations need to be kept under review. For me, as I said earlier, enforcement and information are key.

Organised displays are clearly preferably to amateur ones, whether in back gardens or on commons and whether organised by individual families or communities. They are safer for individuals, families and communities and are better for managing animal stress. The BVA’s point about noise levels is worth examining. We need more support for the police and trading standards in prosecuting antisocial behaviour and, worse, criminal behaviour, as well as in clamping down on dangerous products. We need common sense from the public about using fireworks at times when they are less likely to disturb neighbours and their pets, as well as wildlife. It is not rocket science—excuse the pun, Ms Vaz; I wrote that earlier and just had to get it in—it is basic common sense and civic responsibility.

I come back to my point about the Government’s response, in which they are positive about the progress that has been made. I do not deny that, and I look forward to the Minister elaborating on it. Most importantly, the existing regulations need to be enforced, as the hon. Member for Northampton South said when he opened the debate. I look forward to hearing the contributions of the Opposition spokespeople, especially that of my hon. Friend the Member for Makerfield (Yvonne Fovargue), as well as those of other colleagues, but I particularly look forward to hearing from the Minister about how the Government see the situation.

--- Later in debate ---

[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.

[Jim Fitzpatrick]

The hon. Gentleman mentioned that he was a special constable; he is also a graduate of the fire scheme. As my hon. Friend the Member for Penistone and Stocksbridge has outlined, the hon. Gentleman is directly challenging the Government. Is that just from his time as a special constable or because of his experience from the fire scheme? Or does he want a ban because he is a constituency MP listening to complaints from constituents?

[Mr Hollobone]

The hon. Gentleman brings to this debate the enormous benefit of his long service with the London fire brigade. He probably came across pretty dramatic fireworks instances, and he will know that the risk to people and property from the improper use of fireworks is a common complaint among firefighters. In a poll of firefighters I would be surprised if there were not a big majority in favour of banning them because they are simply too risky. The fireworks industry in this country would benefit from a ban on the domestic sale of fireworks because we could then develop the very good reputation that a lot of the licensed operators have for fantastic displays. If people knew that they could see fireworks only at a licensed display, I think fireworks would become more popular.

--- Later in debate ---

[The Minister for Universities and Science (Joseph Johnson)]

It is a pleasure to serve under your chairmanship, Mr Nuttall. I congratulate my hon. Friend the Member for Northampton South (David Mackintosh) and the petitioners on bringing about this debate.

The Chinese may be able to claim the credit for inventing the tradition of fireworks, but fireworks are a big part of the UK’s history. As the hon. Member for Penistone and Stocksbridge (Angela Smith) reminded us, they have been in use in this country since Elizabethan times and are now very much part of our multicultural traditions. They have been used for celebrations by many different faith groups—Christians, Hindus and Muslims—for many years, and they bring communities together to celebrate significant dates and events and to raise funds for good causes.

The majority of people who enjoy fireworks do so responsibly with consideration for others and in accordance with the law. None the less, I completely understand the distress caused to animals and their owners by the unexpected noise that fireworks produce. Of course, not only animals are affected by noisy fireworks. I also sympathise with those who suffer from mental health issues, autism and post-traumatic stress disorder, for whom the noise from fireworks can be very upsetting.

As a Minister in the Department responsible, my challenge is to find the right balance between the enjoyment of fireworks by consumers and the impact of those fireworks on vulnerable groups. My hon. Friend the Member for Northampton South, in his excellent opening speech, and other hon. Members have asked several pertinent questions, which I will attempt to answer.

I will take animal welfare and enforcement measures together—namely the adequacy and effectiveness of the existing framework and the various measures with respect to animal welfare. Considerable legislation is already in place on the use, sale and production of fireworks—as hon. Members have noted, the Fireworks Regulations 2004 and the Pyrotechnic Articles (Safety) Regulations 2015—and is enforced by trading standards officials, in partnership with the police. Elements of the Explosives Act 1875 also set certain restrictions on fireworks, again enforced by the police.

Fireworks must be produced to high standards. As mentioned, the 2015 regulations require that all fireworks and other pyrotechnic articles must comply with essential safety requirements, which control how the fireworks are manufactured, tested and labelled with use and safety messages. They are designed to ensure that the risks of injury to users, onlookers and the public in general, and of damage to property, are minimised.

The requirements vary by category of how powerful the firework is, and cover design and construction, labelling, and the need for full product testing. They also include restrictions on, for example, safety distances, explosive content and means of ignition. My hon. Friend also expressed concern about fireworks debris, which is restricted by the relevant British and European standards.

The 2004 regulations set an 11 pm curfew on the use of fireworks, with later exceptions for seasonal celebrations such as 5 November, new year, Chinese new year and Diwali. The curfew is enforced by the police, with any breach subject to an unlimited fine and/or six months in prison. The police can also issue on-the-spot fines of £90 to persons aged 18 or over committing that offence.

Furthermore, sale of fireworks is limited to seasonal periods, unless a retailer is licensed. 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 prison. The hon. Member for Poplar and Limehouse (Jim Fitzpatrick) asked about trends in recent sales, and I offer him some statistics in response. I will happily write to him with further information in due course. The industry estimates that about 15% of sales are by those with a year-round retail licence.

The hon. Gentleman also asked about stockpiling, as did the Opposition spokesperson, the hon. Member for Makerfield (Yvonne Fovargue). Stockpiling and the storage of fireworks are governed by robust regimes. The storage of fireworks of less than two tonnes in weight needs a licence from the local authority; storage of more than two tonnes of fireworks requires a licence from the Health and Safety Executive. Both bodies may inspect storage facilities, if they so wish.

The hon. Members for West Dunbartonshire (Martin Docherty-Hughes) and for Coatbridge, Chryston and Bellshill (Philip Boswell) mentioned online sales. Online sales are regulated in the same way as conventional sales. The trading standards body is doing specific work on national trading standards for online sales. Funding for that body continues at last year’s level of £14.8 million.

Fireworks cannot be set off in a public space, and the noise caused by them may constitute a statutory nuisance. Local authority environmental health officers may judge whether the noise constitutes a statutory nuisance and act accordingly. Finally, it is an offence under the Animal Welfare Act 2006 to cause any unnecessary suffering to any captive or domestic animal. Fireworks must not be set off near livestock or horses in fields, or close to buildings that house livestock.

In my view, those existing laws, which are robustly enforced, and the penalties for breaching them are appropriate to ensure that animal welfare is protected.

[Jim Fitzpatrick]

I am listening to the Minister’s response with great interest and, kindly, he is dealing with points made by colleagues. I am not sure whether I am anticipating something he might be going on to answer, but a number of us asked about enforcement because of the clear interest in whether we have the balance right. The hon. Member for Kettering (Mr Hollobone) said that we should ban anything but organised displays; most of us say, “Let’s get the balance right.” On the enforcement of the regulations, does the Minister have the statistics on how many prosecutions there have been, what the trend is, and whether it is improving or deteriorating? Those could give confidence to people that trading standards officers, for sales, and the police, for enforcement, are working on this and are doing all they can to protect exposed communities and animals.

[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.