Fireworks: Sale and Use

Debate between Naz Shah and Paul Scully

Monday 8th November 2021 Westminster Hall

[Paul Scully]

I thank the hon. Lady for that intervention and hopefully I will flesh out some more of our thinking, including on enforcement and what other action is being taken.

There is a 120 dB noise limit on fireworks available to consumers. Retailers are restricted to only selling consumer fireworks during a limited period around each of the seasonal celebrations that I just referred to, and retailers may only supply fireworks to the public outside those periods if they obtain a licence from their local licensing authority. However, I fully appreciate that it is just as important to ensure that legislation is enforced effectively. We have heard of some issues where that has fallen short, but I will describe what powers and mechanisms are in place against the illegal sale and use of fireworks.

Local authority trading standards work with retailers to ensure that the fireworks that are sold are safe, and have powers to enforce against those who place non-compliant fireworks on the market. Trading standards and local fire and rescue authorities in metropolitan counties can also enforce against those selling fireworks without an appropriate licence—for example, outside of the normal selling period.

[Naz Shah]

Does the Minister share my concern that the licence he refers to does not require the people who sell fireworks to be fit and proper? Unlike for alcohol and cigarette sales, that is not stated in the legislation.

[Paul Scully]

The hon. Lady raises an interesting point, which I will take away and look at. I think that a licence can be easily revoked if the person holding it is not fit and proper, but she is right: the licence does not specifically say that, as far as I understand it. Those licences are given for a reason—to try to avoid those inappropriate sales—but that is something we can certainly reflect on.

The police, local authorities, and other local agencies have a range of tools and powers that they can use to respond quickly and effectively to antisocial behaviour, including the antisocial use of fireworks, through the Anti-social Behaviour, Crime and Policing Act 2014. Local areas can decide how best to deploy the powers in the 2014 Act depending on the specific circumstances.

--- Later in debate ---

[Paul Scully]

I was going to turn back to exactly that. In our polling, the Government found that 11% of the population want a total ban on fireworks, 36% want a ban on the private sale of fireworks, and, from memory, 64% enjoy the use of fireworks and want to be able to enjoy them both privately and publicly. We came to similar conclusions from our evidence as were reached by the Petitions Committee in its 2019 inquiry. In the extensive report setting out its findings, the Committee concluded that introducing further restrictions on fireworks was not the appropriate course of action, due to the potential unintended consequences. That was just two years ago. We agree with that position.

We acknowledge the experience of people who believe that banning fireworks would push the market underground and make it more difficult to regulate and monitor. We also agree with the Committee’s conclusion that such a ban would have a substantial economic effect on those who have built their livelihood in the fireworks industry. Restricting fireworks would probably also have dire consequences for community displays, which raise funds for good causes.

Due to those significant concerns, the Government believe that the most balanced course of action is to continue to pursue non-legislative measures on fireworks to complement existing legislation. That is the position we set out and committed to in our response to the Petition Committee’s inquiry. As such, we have been carrying out—

[Naz Shah]

Will the Minister give way?

[Paul Scully]

I want to leave my hon. Friend the Member for Carshalton and Wallington time to conclude, so I will not give way to my hon. Friend for a second time.

We have an ongoing programme of action for fireworks, responding to the key issues raised. This included commissioning the research by Ipsos MORI that provided evidence on consumer attitudes and behaviours around using fireworks in the UK. The key findings have informed our public awareness campaigns and support the need to educate consumers on use of fireworks, to commission noise research—admittedly yet to be published—to test the decibel level of commonly used fireworks, to engage with animal welfare organisations to better understand what specific issues they face, and to engage with the fireworks industry to consider what action it can take to promote consumer safety.

I draw hon. Members’ attention to one of the key commitments the Government made in response to the Petitions Committee regarding public awareness of the safe and considerate use of fireworks. We know that information and education are vital to address the key issues around fireworks. The Office for Product Safety and Standards works in partnership with animal welfare organisations, safety charities and the industry to develop an annual campaign on fireworks; the 2020 campaign was far reaching and had a potential reach of 2.6 million people on Twitter. We built and expanded on that success for the 2021 fireworks campaign, focusing on educating people on how to buy, use, store and dispose of fireworks safely; ensuring that retailers know and understand their responsibilities when selling fireworks; and promoting considerate use so that people and animals are better protected from any negative effects that may be caused by fireworks.