Fireworks

Patricia Gibson Excerpts

Monday 29th January 2018 Westminster Hall

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

I am delighted to take part in this debate on the e-petition calling for a change in the law to include a ban on the public use of fireworks. I thank the hon. Member for Clwyd South (Susan Elan Jones) for setting out a comprehensive case and the Petitions Committee for selecting it.

I do not think that anyone here has argued against the fact that used correctly, fireworks are an enjoyable spectacle. They are enjoyed by some 10 million people across the UK each year, and they have become a feature, as has been mentioned several times, of publicly organised events in November, weddings and all sorts of other celebrations. Anyone fortunate enough to have attended a publicly organised firework display will no doubt have enjoyed it immensely, and no one here would want to interfere with that. However, we are also here to take account of the alarm, distress, danger and anxiety that fireworks far too often cause to too many people and animals, and the disruption that they can cause to communities when purchased and used irresponsibly by individuals.

I found myself agreeing with the hon. Member for Ayr, Carrick and Cumnock (Bill Grant), which I particularly wanted to mention because it is such a rare event that I felt it should be put on record. He gave us the perspective of a senior fire officer, which is certainly worth listening to. I agree with him wholeheartedly, so I shall hang on to that for future reference.

Every year from October to January, I receive complaints, as I am sure we all do, from constituents whose neighbourhoods are disrupted and plagued by the irresponsible use of fireworks at all hours of the dark evenings. Under cover of darkness, too many people set out to cause mischief, thinking that it is funny to set off fireworks near housing where children or whole families are shocked from their slumbers, pets are scared half to death and elderly people are driven into a state of fear and alarm. The right hon. Member for Meriden (Dame Caroline Spelman) also pointed out the effect on horses.

People who want to set off fireworks do not care a jot about the time restrictions mentioned by some Members in this debate. They do not care whether it is legal to set off a firework at that time of day or night, and it seems that such irresponsible people do not care a jot about safety. I have been contacted by constituents in a state of great distress after a particularly alarming and noisy night of fireworks, which can take place for no apparent reason other than that it is October, November or December and people have fireworks left over or they are still available for sale.

On such occasions, constituents tell me that the onslaught of fireworks has had a profound effect not just on their quality of life but on their pets, which undergo trembling fits and become withdrawn and very frightened. It cannot really be prepared for, as it comes out of nowhere whenever someone has fireworks and thinks that they will have a bit of fun. Some people think it is great to set them off in the middle of the night up closes or in the shared entranceways to flats.

The situation in Scotland is nothing short of bizarre. The use of fireworks is a devolved matter, but the sale of fireworks is reserved, as my hon. Friend the Member for Edinburgh East (Tommy Sheppard) explained. It does not take a genius to work out that unless we tackle the sale of fireworks and who can get their hands on them, we have lost any meaningful influence over who uses them. As the hon. Member for Coventry South (Mr Cunningham) pointed out, it is extremely difficult to police.

I know that on a local level, environmental health and perhaps even antisocial behaviour teams can and do work hard to tackle the misuse of fireworks in our communities, as my hon. Friend the Member for Glasgow Central (Alison Thewliss) pointed out, but that seems to be dealing with the consequences of the wide availability of fireworks, when what we need is to tackle the fear, alarm, distress, fire risks and safety hazards that fireworks cause. We need to tackle the real issue of the sale of fireworks to individuals; we need to tackle the problem at source.

As I have mentioned, the time restrictions for fireworks are regulated by law. They cannot be set off between 11 pm and 7 am, with a few exceptions for special occasions such as the new year and so on. However, that does not go far enough. A particular type of individual who wishes to buy fireworks to cause fear and alarm, and to have a bit of fun because they find it entertaining to cause destruction to their neighbourhood or use them as weapons of choice, as my hon. Friend the Member for Glasgow Central and the hon. Member for Halifax (Holly Lynch) pointed out, will set off those fireworks whenever and wherever they choose.

Restrictions on when fireworks can be set off afford no comfort to communities plagued by them. The fact is that the regulations cannot be enforced, as has been said repeatedly in this debate. Once they are on sale to any individual over 18, all control is lost over irresponsible behaviour, which is sadly all too common in some of our neighbourhoods. The hon. Member for Clwyd South suggested a consultation on where to go in terms of the sale of and restrictions on fireworks. That is a good idea, but any consultation on the issue cannot be used as an excuse to kick it into the long grass. It needs action.

I know that fireworks cannot currently be sold to anyone under 18, but so what? We know that children are able to get hold of them, as my hon. Friend the Member for Glasgow Central pointed out. We also know that often, those using fireworks irresponsibly are perfectly entitled to buy them under the law as it currently stands. The irresponsible use of fireworks is not confined to those who get hold of them illegally. That is why more needs to be done to protect communities, the elderly, pets and a range of people in our communities, as we have heard today from a host of elected representatives who have been contacted repeatedly over the years by constituents whose lives are made a misery for several months of the year.

The current situation is not working and is not sustainable for the health, wellbeing and safety of our neighbourhoods. We can all look back nostalgically, as many Members have done in this debate, to bonfire nights when we were growing up, but that cuts absolutely no ice with communities that currently and regularly must tolerate the awfulness of misuse of fireworks for several months of the year.

As my hon. Friend the. Member for Edinburgh East pointed out, the problem appears to be growing. The only sensible solution is to tackle it at source: fireworks should be sold only for licensed, organised public displays that are well advertised in advance and that take place within a publicised time span. That would allow people who wish to enjoy fireworks to do so safely and, importantly, it would also allow local residents to plan ahead and make arrangements to protect their pets.

The Dogs Trust says that where public displays are organised, 93% of pet owners—a high figure—alter their plans during the display time to minimise their pet’s trauma, which protects pets’ welfare. I listened carefully to the hon. Member for Walsall North (Eddie Hughes), who spoke about helping pet owners to prepare for the use of fireworks in their neighbourhoods, but that is not often possible because fireworks go off randomly with no warning.

I agree with the hon. Member for Poplar and Limehouse (Jim Fitzpatrick) that if we ban the sale of fireworks to all and sundry over 18 years old, organised public firework displays—a much safer option for all our communities —will become the accepted norm. There is a consensus across the Chamber that it is time to ban the free sale of fireworks except for public licensed displays. That would mean that we could still enjoy fireworks in our communities at new year and at celebrations such as weddings, but that they would be out of the hands of those who, by accident or design, put the fear of God into our communities, shake our children and whole families awake in their beds, alarm older people, cause real suffering to our pets and even cause injury.

We need to get the balance right. No one is asking for fireworks to be banned altogether, but I urge the Minister to consider banning them from being sold freely so that we can all be sure that they will be used sensibly, safely and responsibly.

--- Later in debate ---

[Andrew Griffiths]

I absolutely commit to doing that. As I said, the new body was announced just a few days ago. We have to recruit people to staff it properly and move it forward, but I would be very happy to make that commitment and to attend that meeting as well.

A number of colleagues raised the issue of collecting data on the misuse of fireworks. Clearly, this new body will look at evidence-based policy making, so it will look at the evidence, chase down and identify where the risks are, and—where necessary—come forward with suggestions and advice to Government.

[Patricia Gibson]

Can the Minister assure me and many other Members in the Chamber today that this new body will consider the fact that, as long as fireworks are pretty freely available to anybody over the age of 18, and despite the powers and the enforcing authorities that he has said will take action against the irresponsible misuse of fireworks, prosecutions will be extremely difficult, because of the nature of the crime? As we have heard today, quite literally the evidence goes up in smoke, people scatter and there is no evidence left to prosecute anybody. Is that something that the new body he is talking about will examine?

[Andrew Griffiths]

I am delighted to say to the hon. Lady that the new body will have the power to make recommendations to Government, so if it believes there are issues in relation to the sale and regulation of a particular item—be that a tumble dryer or a firework—it will have that power to make recommendations about those issues to Government, and it will be for Ministers to respond to such recommendations.

I will just add something in relation to the collection of information concerning antisocial behaviour. Of course, collection of such data would be a decision for the Home Office to make. I am sure that Ministers within the Home Office will look at this debate; I will make sure that the concerns that right hon. and hon. Members have expressed today are drawn to their attention. Clearly, however, it is a decision for the Home Office as to which data it chooses to collect or not collect.

In closing, I again thank everybody who has taken part in this debate today. Clearly, the safety of our constituents remains at the forefront of all our minds, and as the Minister with responsibility for consumer protection, I am absolutely clear that we have to do all we can to protect our constituents, who are the people we are here to represent. I look forward to working with colleagues on this issue in the future, and I thank you, Mr Hanson, for your time.