Fireworks

Lord Johnson of Marylebone Excerpts

Monday 6th June 2016 Westminster Hall

[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.

[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.

[Jim Shannon]

I was hoping that we might have had some reference from the Minister to the good work done in the devolved Administrations. I hope that he has had an opportunity to consider that, but, if he has not, will he do so and come back to us?

[Joseph Johnson]

Indeed, we do reflect on differing practice around the United Kingdom. Fireworks use is of course a devolved issue and there is a differing regime in Northern Ireland. We look with great interest at how Northern Ireland approaches the question and any lessons that can be drawn from that will be learned.

Fireworks are subject to stringent testing regimes and new products undergo intense scrutiny before they are made available for sale. Low noise fireworks are becoming more widely available. UK manufacturers have introduced low noise fireworks and worked with animal charities on guidance for owners.

I understand the concerns of those who find the noise and flash of fireworks distressing, but I must reiterate that I believe the majority of people enjoy fireworks with consideration for others and in accordance with the regulations governing their use. It is a great pity that the actions of an antisocial minority tarnish the reputation of a responsible majority.

I am satisfied that enough is being done to make the public aware of their responsibilities when using fireworks and that fireworks manufacturers and retailers are helping with advice to mitigate the impact on animals. Moreover, many local authorities have advice and guidance on using fireworks on their websites. They will also be aware of any issues particularly affecting the local community with regards to firework use. I therefore suggest that those who feel that fireworks use in their area is excessive contact their local councils with a view to working together on seasonal awareness campaigns to promote consideration for others when organising domestic displays. In the meantime, the Government will continue to monitor the situation closely.