Fireworks: Public Sales

Patricia Gibson Excerpts

Monday 26th November 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 Petitions Committee for bringing this debate forward and the hon. Member for Warrington North (Helen Jones) for setting out a comprehensive case, outlining the concerns we have all heard from our constituents.

I do not think that any hon. Member has argued against the fact that, when used correctly, fireworks are an enjoyable spectacle. They are enjoyed by some 10 million people across the UK each year, and, as was mentioned several times, they have become a feature of publicly organised events in November, weddings and all sorts of other celebrations throughout the year. 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 also need 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, which we heard about from the hon. Member for Ayr, Carrick and Cumnock (Bill Grant), who is a former fire officer, as well as many other hon. Members.

We heard from the hon. Members for Warrington North and for Ayr, Carrick and Cumnock some of the statistics around accidents and injuries caused by fireworks. We are all aware of the increased pressure that problems associated with fireworks bring to bear on our public services, which are already stressed, which we heard about from the hon. Member for West Bromwich West (Mr Bailey) and my hon. Friend the Member for Falkirk (John Mc Nally).

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, as was outlined by my hon. Friend the Member for Linlithgow and East Falkirk (Martyn Day). 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, such as cats and dogs, are scared half to death; and elderly people are driven into a state of fear and alarm. The effect on horses is also an issue to be considered, as we have heard. The hon. Member for Warrington North clearly set out the effect on veterans, who might be suffering from post-traumatic stress disorder following active service.

We last debated this issue in January, as the hon. Member for Stroud (Dr Drew) reminded us. We were told then by the responding Minister that the creation of the Office for Product Safety and Standards would address many of the concerns raised about fireworks at that time, which were similar to the concerns raised today. This new body, we were told, would receive some £12 million a year in central Government funding to ensure that there was access to information nationally and to support local authorities in their work.

The new body, we were told, would work with key stakeholders and enforcing authorities to review the guidance materials available on the safe and responsible use of fireworks. It would provide an intelligence-handling function to improve the information we had and would also examine the individual safety of particular fireworks and of other products on sale—or so we were told.

I hope the Minister can update us on the work of the Office for Product Safety and Standards on the issue of fireworks. If the Office for Product Safety and Standards has not yet addressed the issue of fireworks, perhaps she will explain what has caused the delay, given the widespread concern about the effects of fireworks on our communities.

The Scottish Parliament, through the Fireworks (Scotland) Regulations 2004, restricted when fireworks can be set off, but as we all know all too well, irresponsible people who want to set off fireworks do not care a jot about the time restrictions. They do not care whether it is legal to set off a firework at certain times of day or night, and it seems that such irresponsible people do not care a jot about safety either.

I have been contacted by constituents in a state of great distress, as I am sure we all have, after a particularly alarming and noisy night of fireworks, which can happen for no apparent reason other than the fact that it is October, November or December, or it is Tuesday, or people have fireworks left over.

Fireworks are also still available for sale, as my hon. Friend the Member for Glasgow Central (Alison Thewliss) pointed out. On such occasions, as we have heard from several Members today—we have all heard this—constituents tell us that the onslaught of fireworks has had a profound effect on not only their quality of life, but their pets, which undergo trembling fits and become withdrawn and very frightened. That cannot 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 a great idea to set fireworks off in the middle of the night, up tenement entrances or in the shared entryways to flats.

The sale of fireworks is strongly restricted in the Republic of Ireland. The maximum punishment for possessing fireworks without a licence or for lighting fireworks in a public place is a €10,000 fine and a five-year prison sentence. In Northern Ireland, fireworks have long been subjected to some of the strictest laws in the world. Perhaps the Minister will tell us why the rest of the UK is denied similar or greater protection. As we heard from the hon. Member for Clwyd South (Susan Elan Jones), even in the United States, which has liberal gun laws, some states believe that restrictions on fireworks should be strict.

The situation in Scotland is nothing short of bizarre: the use of fireworks is a devolved matter, but the sale of fireworks is reserved. It does not take a genius to work out that unless we tackle in some way the sale of fireworks and who can get their hands on them, we have lost any meaningful influence over who uses them, which makes that extremely difficult to police.

At a local level, environmental health and antisocial behaviour teams can and do work hard to tackle the misuse of fireworks in our communities, but that seems to deal with the consequences of the wide availability of fireworks, rather than tackling 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. The hon. Member for West Bromwich West reminded us that fireworks are far more powerful and prevalent than they were in the past.

The time restrictions on fireworks are regulated by law, so fireworks 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. Clearly, however, from what we have heard, that does not go far enough. An individual who wishes to buy fireworks to cause fear and alarm, to have a bit of fun because they find it entertaining to cause destruction to their neighbourhood, or to use them as weapons of choice will set off fireworks whenever and wherever they choose. Restrictions on when fireworks can be set off afford no comfort to the communities plagued by them. As we have heard from several hon. Members, the regulations cannot be enforced. Once fireworks 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 Scottish Government have launched a welcome consultation on the use of fireworks, but the nub of the issue is their sale, which is reserved to this Parliament and which cannot continue to be dodged or ignored. We need action and a serious and meaningful UK-wide review of who can buy fireworks. We cannot have any more shilly-shallying. I am keen to see the results of the Scottish Government’s consultation and I believe that the UK should follow suit as a first step—I hope the Minister has been listening.

Fireworks cannot currently be sold to anyone under 18, but so what? We know that children can get hold of them. We also know that those using fireworks irresponsibly are often perfectly entitled to buy them under the law as it 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 heard from my hon. Friend the Member for Falkirk and other hon. Members who have been contacted repeatedly over the years by constituents whose lives are made a misery for several months of the year.

As the hon. Members for Stroud and for Coventry North East (Colleen Fletcher) set out, 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 the hon. Member for Newport East (Jessica Morden) did, to bonfire nights when we were growing up, but I am sure she agrees that that cuts no ice with communities that must regularly tolerate the awfulness of fireworks misuse for several months of the year.

We can all agree that the problem appears to be growing, as the hon. Members for Nottingham North (Alex Norris) and for Cheltenham (Alex Chalk) pointed out. The only solution is to tackle it at source and review who should be sold fireworks. Personally, I am attracted to limiting their use to licensed organised public displays that are well advertised in advance and that take place within a publicised timespan, but I am also open to hearing what the Minister has to say.

Organised licensed displays allow the many people who wish to enjoy fireworks to do so safely. Importantly, they also allow local residents to plan ahead and make arrangements to protect their pets, as the hon. Member for Henley (John Howell) pointed out. 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 their pet’s welfare.

As for helping pet owners to prepare for the use of fireworks in their neighbourhoods, from what we have heard today, we know that that is often not possible, because fireworks go off randomly, with no warning. We can all agree—I hope I can include the Minister in that—that the answer is greater restrictions on the sale of fireworks, instead of selling them to all and sundry over 18 years old. Organised public fireworks displays, which are a much safer option for all our communities, would then gradually become the accepted norm.

It is time to ban the free sale of fireworks except for public licensed displays, but hon. Members do not have to take my word for it. Let us consult across the UK and see what the public think, as has already been done in Scotland—there is no reason that cannot be done across the UK. A ban 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 let the public have their say through a widespread consultation. We need to get the balance right. No one is asking for fireworks to be banned altogether, but I urge the Minister to consider a consultation similar to the one being carried out in Scotland. Let us hear what the public think—they need to be part of the conversation—so they can inform how we proceed to improve the situation across the UK, and let us see a meaningful response to their concerns. I hope the Minister will set out how she will proceed on that basis.

--- Later in debate ---

[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.

[Patricia Gibson]

If I heard the Minister correctly, she suggested—if she did not say—that the work of the Office for Product Safety and Standards is ongoing. I think that is what she said—what I understood. If the office is not yet in a position to tell us how it will proceed on fireworks, with all the concerns around them, do we have a timeframe for when it might bring forward its own conclusions or proposals about how we move forward?

[Kelly Tolhurst]

I will move on to that reference later in my speech, and to how potentially I, as the Minister responsible, and in line with the Office for Product Safety and Standards, would like to take the matter forward. If the hon. Lady would bear with me, that would be great.

The hon. Member for Glasgow Central suggested that it was not possible to seize fireworks in some cases. I would like to reassure her that fireworks can be seized under the Consumer Protection Act 1987 and the Explosives Act 1875. Just to give her an example, Greater Manchester seized 50 kg of bangers last year and 36 kg of category 4 fireworks, and Worcestershire seized fireworks from two different premises.

--- Later in debate ---

[Kelly Tolhurst]

I thank my hon. Friend for his suggestion. I know that local forces work well with local authorities and other agencies on how best to implement regulation, control local problems and carry out enforcement. My hon. Friend makes a very good point and it is something we would have to discuss with those agencies and the local authorities involved.

During the debate in January, the then Minister agreed to meet with hon. Members who had an interest in the matter and discuss their concerns. As I said in response to a Business, Energy and Industrial Strategy question last week, I am open to hearing more and to receiving information and evidence on firework safety issues. This debate has certainly provided much information for further consideration.

[Patricia Gibson]

The Minister is being extremely generous with her time. I just want to ask her the question that I think everyone in this room wants to ask, and probably every member of the public who has an interest in the issue. Is she minded to have a consultation? I hear what she says about what has been going on, but is she minded to proceed down the path of a consultation on the sale of fireworks? I think that is what a lot of people want to know.

[Kelly Tolhurst]

I hope to have a meeting, which I think may also have been offered by my predecessor, with hon. Members who are interested. That will be an opportunity for them to discuss this issue with me, because what has come out today is that there is no consensus. There are different elements, and a number of issues and different opinions have been discussed. That is absolutely fine—that is what a debate is about—but it is not something that we could run with. As the Minister responsible, I would like to come up with a suggested way forward, looking at things in a more organised way. That is why I suggest a face-to-face meeting with hon. Members to discuss their concerns and suggest how we might take this matter forward.

Following the January debate, officials were tasked with reviewing the guidance. In order to ensure that all views are taken into account, I have asked those officials to connect constructively with key stakeholders during the next steps, addressing any awareness or information gaps. The creation of the Office for Product Safety and Standards has given us the opportunity to make the best use of scientific evidence, incident data, risk and intelligence in our decision making. As a result, we are now in a much better position to ensure we have the right evidence-based approach to firework safety, and to commission new evidence where necessary. That will ensure we have a thorough understanding of the issues with the safe sale and use of fireworks.

I will respond to a couple of questions. The hon. Members for Sheffield, Brightside and Hillsborough (Gill Furniss) and for North Ayrshire and Arran (Patricia Gibson) have asked about the consultation on fireworks, and I will happily meet Members to discuss a way forward. As I have already outlined, the Office for Product Safety and Standards is gathering data and looking at ways in which we can acquire the thorough evidence that we will need to back up anything we introduce. As for enforcement, I am personally committed to making sure that we enforce the law in this country, as the hon. Member for Sheffield, Brightside and Hillsborough knows and as I highlighted last week.

We are also committed to consumer protection. I made my interest in that area expressly clear in two different debates last week, as well as my interest in the data and the work that we are doing. The Office for Product Safety and Standards and the Department are using data scientifically to make better decisions on consumer protection and safety.