Fireworks: Sale and Use

Patricia Gibson Excerpts

Monday 8th November 2021 Westminster Hall

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

Thank you, Mr Twigg. I thank the hon. Member for Carshalton and Wallington (Elliot Colburn) for his comprehensive exposition of the debate.

Every year we have the same debate, and every year a Minister stands up and says not very much at all that takes into account the reality of the disruption and distress that fireworks cause in our communities. To be clear, no one in the Chamber today or in any of the six previous debates—we did not have one in 2019 because of the election—has ever called for fireworks to be banned, although that is often how the kind of concerns that have been expressed today are dismissed. For example, I recently raised this very issue in business questions. When I asked about the regulation of fireworks, the Leader of the House responded by calling me “a killjoy”, then began to recite the words of a traditional bonfire-night rhyme.

We all know that the right hon. Member for North East Somerset (Mr Rees-Mogg) believes that he has his finger on the pulse, but that response will sound contemptuous to my constituents in North Ayrshire and Arran—but that is only because it is contemptuous of the disruption and distress to which they are subjected because of the misuse of fireworks. From the right hon. Gentleman’s response, I can only assume that the good people of North Somerset are not plagued by fireworks, as my constituents are—they seem to have quite a different experience. I wish to repeat and make it absolutely clear that no one is calling for fireworks to be banned. The current situation—anyone over the age of 18 can purchase fireworks, with all the potential for community disruption that entails—is simply not tenable, and it is not acceptable. The distress, as we have heard, caused to the elderly, beloved family pets, veterans with PTSD, and to children and babies, shaken from their sleep, makes the compelling case that the sale of fireworks should be restricted to organised community displays, and that only those with a licence to deliver such displays should be able to access them.

Fireworks, whether for bonfire night, a wedding, or some other important celebration, are a hugely enjoyable spectacle. Indeed, some 10 million of us in the UK enjoy them throughout the year. Nobody has any quarrel with that; the point at issue is the fact that the irresponsible misuse of fireworks must be tackled properly, and that is most sensibly and most effectively done at the point of sale.

As Members have said in this debate, and have said in every previous annual debate on this subject, we know all about the accidents and injuries caused by fireworks, which are sobering indeed. We also know about the increased pressures this places on public services. The fact is that selling fireworks to the general public entirely on the basis that they are aged 18 or over is very hard to justify and yet, year after year, a Government Minister is trotted out, trying to do just that, very unconvincingly.

[Jim Shannon]

Will the hon. Lady give way?

[Patricia Gibson]

In a moment. This is my sixth debate on this issue, and I remember when the illusion of action was played out in previous debates, with talk of consultations and evidence gathering. Today, it seems to be a proposal for a review group. All of this is excuse after excuse for inaction—and, of course, all of those previous initiatives came to nothing. It seems that all they were designed to do—if Members will pardon the pun—was take the heat out of the issue.

For reasons that very few of us can understand, the Government are simply not willing to regulate the sale of fireworks, and nobody can honestly understand why. We do not need review groups; we do not need consultations; what we need is the Minister to get on his feet and announce concrete action. I have no optimism that he will do so, based on the previous six debates. To advise constituents to call the police when fireworks plague their community is disingenuous. By the time the police are able to attend, the damage has been done and those who are responsible are long gone. In their wake, fireworks have caused huge disruption to communities, scared family pets out of their wits, and sometimes literally scared them to death.

In Scotland, the Scottish Parliament has the authority to regulate when fireworks can be set off, but no power at all over the regulation of the sale of fireworks, which in effect means it has no power at all. If we cannot influence who has access to fireworks, we cannot deal with the disruption that they cause.

Fireworks cannot currently be sold to anyone under 18, but as I have said in the past six debates, so what? We know that children can get hold of them, and that people using fireworks irresponsibly are often perfectly entitled, under the law, to buy them. The irresponsible use of fireworks is not confined to those who got hold of them illegally, which is why more needs to be done to protect the elderly, people with pets, and a whole range of people in our communities.

As we have heard, every single Member of Parliament present for this debate, and many who are not, have had constituents telling them about the onslaught of fireworks and the profound effects they have had on their quality of life and on their pets, who undergo trembling fits and become withdrawn and very frightened. Of course, this cannot be prepared for, because the outbursts of fireworks come from nowhere when someone has fireworks and thinks they will have a wee bit of fun. Some people think it is a great idea to set fireworks off in tenement closes, or in shared entryways to flats in the middle of the night.

What is interesting about this debate is that the sale of fireworks is tightly restricted in the Republic of Ireland, while in Northern Ireland, fireworks have long been subjected to some of the strictest laws in the world. Perhaps the Minister—I keep asking this; I have asked it six times in the six previous debates—can tell us why the rest of the United Kingdom is denied similar or greater protection than Northern Ireland. Even the United States, which has liberal gun laws, believes that restrictions on fireworks need to be strict.

The current 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 the sale of fireworks—who can get their hands on them—can be tackled there will be no meaningful influence over who uses them, which makes it extremely difficult to police. Our local environmental, health and anti-social behaviour teams work hard to tackle the misuse of fireworks in our communities, but that is dealing with the consequences of their wide availability rather than tackling the fear, alarm, distress, and safety hazard that they cause, which we have heard so much about. As the Minister knows, the only way to deal with this issue is to tackle the sale to individuals—to tackle the problem at source, and be mindful of the fact that fireworks are far more powerful and prevalent today than in the past.

Organised and licensed displays allow the many people who wish to enjoy fireworks to do so safely. Importantly, they allow local residents to plan ahead and make arrangements to protect their pets and get on with their lives. The Dogs Trust says that when public displays are organised 93% of pet owners alter their plans during the display time to minimise their pet’s trauma, which protects its welfare. We cannot help pet owners to prepare for the use of fireworks in their neighbourhood when fireworks are going off randomly without warning. The solution, as we have heard across the Chamber, is patently obvious to anyone who chooses to look. We need greater restrictions on the sale of fireworks, instead of selling them to all and sundry over 18 years old.

Organised public firework displays are a safer option for all our communities, and would become the accepted and welcome norm. We need to get the balance right. No one is asking for fireworks to be banned altogether, but the status quo must not continue. Is the Minister finally going to announce action on this issue, or are we to rehearse these arguments every year to a Government who appear unwilling to listen and, like the Leader of the House, dismiss us and our constituents as killjoys? If the Government do not want to act on this issue, give us the power in Scotland and we will get on with it ourselves.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Paul Scully)]

It is a pleasure to serve under your chairmanship, Mr Twigg.

I congratulate my hon. Friend the Member for Carshalton and Wallington (Elliot Colburn) on securing today’s really important debate and at such a pertinent time, as ever. I algo congratulate him on his considered speech, which framed the debate on the e-petition that has been signed by so many people. I also thank the other hon. Members who have taken part in this debate, and I am grateful to the members of the public who took the time to sign the e-petition that has brought us here to Westminster Hall to discuss this important matter, because it has received more than 300,000 signatures and calls on the Government to limit the sale of fireworks.

Therefore, I will take the time to outline and explain the Government’s position on this matter, and to say, first of all, why we believe—although I understand that it is not the subject of this debate, as has been outlined—an outright ban on fireworks or an outright ban on their sale to the public is not the appropriate course of action.

We have concerns that banning fireworks in that way could have significant adverse and unintended consequences for public safety, particularly in leading to the emergence of a black market in illicit fireworks. There was a reason why there was not a 2019 debate on this issue. Yes, it was the year of a general election, but more importantly in 2019 the Petitions Committee conducted an inquiry on this issue, which I was a part of as a Member of the Committee, and the evidence given by interested parties aligned with the Government’s current view. Those interested parties included both the National Police Chiefs’ Council and the National Fire Chiefs Council.

The petition being debated today also highlights the concerns that some people have—understandably—about the impact of fireworks on vulnerable groups and animals. These are issues that I was only too pleased to discuss with my hon. Friend the Member for Dudley North (Marco Longhi) when we met back in July to discuss the fireworks survey that he had carried out in his constituency; as he said, it went somewhat viral. I really sympathise with those views, and I am always sorry to hear the stories of how some individuals and animals have been affected by fireworks. That is why the Government are committed to promoting the safe and considerate use of fireworks, and why we have been carrying out a programme of action on fireworks to ensure that those who use them do so safely and appropriately.

It is important to say that this is a highly regulated area, with a comprehensive regulatory framework already in place to control the sale, availability and use of fireworks. We believe that this framework strikes the right balance for people to enjoy fireworks while aiming to reduce risks and disturbances to people and animals. For example, current legislation sets an 11 pm curfew on the use of fireworks, with later exceptions only for the traditional firework periods of 5 November, Diwali, new year’s eve and Chinese new year.

[Patricia Gibson]

I interrupt briefly to ask the Minister if he believes that this “highly regulated area” is fit for purpose. Can he still say, given the concerns that have been raised today and in previous debates, that he thinks enough is being done? If not, what more can he do?

[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.

--- Later in debate ---

[Paul Scully]

I have not had a discussion at ministerial level, but officials look at what is happening in Northern Ireland, Wales and Scotland—and in other countries. Clearly, there is a difference in the law in Northern Ireland, predominantly because of troubles and the historical context there; however, officials from the Office for Product Safety and Standards do look at that.

[Patricia Gibson]

The Minister is generous with his time. He has clearly set out how he thinks this should be dealt with, but it is not satisfactory for many of us. Will he support devolving power to regulate fireworks to the Scottish Parliament, so that we can choose our own path and solutions that fit our communities, given that his Government are not interested in going down that road for the rest of the United Kingdom?

[Paul Scully]

Scotland has put forward some proposals and there has been a consultation; I am interested in seeing what happens there. I am also aware that the Scottish Government are drafting a Bill on fireworks to be introduced next year; that primary legislation is still at the proposal stage. My officials engage regularly on the matter with officials in the Scottish Government; it will be interesting to reflect on what happens in Scotland as a result of that work.

We are continuing to engage with local authorities to understand the issues they face, and I am committed to working with my colleagues in the Home Office to ensure that the Government provide appropriate support.