Fireworks: Sale and Use

Paul Scully Excerpts

Monday 8th November 2021 Westminster Hall

[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.

[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.

[Rachael Maskell]

The example from my personal circumstances showed the Minister that the Act is completely ineffective, and therefore people are being put at risk every single day from fireworks being lobbed by young people who should not possess them. Will he not recognise that the structures that are in place do not work, and therefore put proper enforcement in place?

[Paul Scully]

We are never going to get a perfect situation. It was terrible to hear what the hon. Lady faced. One Member talked about the Republic of Ireland having tougher restrictions than we do, and it was terrible that only last month a lady in Galway had a firework fired into her face. Even with those tougher restrictions, there is no perfect situation, but we need to take an evidence-based, careful, proportionate approach. As I say, there is always more we can reflect on, but local police are best placed to understand what is driving the behaviour in question and the impact it is having, and to determine the most appropriate response.

[Dr Whitehead]

I hope that the Minister will not conclude his remarks on the question of evidence-based activities without saying where the report he mentioned last year actually is, and what he intends to do about it.

[Paul Scully]

I was not going to. Let me tackle that issue now: I talked about the fact that legislation already exists to limit the noise levels of fireworks available to consumers to 120 dB, and we said that we were going to work on a report on that topic. I freely admit that that report has not been published: the testing work on the noise was delayed due to covid and adverse weather conditions impacting the laboratory’s ability to carry out the necessary testing. However, the result of that testing will be available in due course, and we will reflect on what is in that report as we proceed.

[Mr Hollobone]

I look forward to the publication of that report. If neighbours ramped up the stereo and pumped out music at 120 dB every 5 November, there are laws in place to deal with that. However, as far as the Government are concerned, it seems to be socially acceptable to let off fireworks of up to 120 dB without any legal recourse at all.

[Paul Scully]

I understand my hon. Friend’s point. I would differentiate between a constant noise of 120 dB in a confined area and the more individual use of fireworks in an outdoor area, but none the less I take his point.

The Government are also committed to giving the police what they need to support local communities, including through the recruitment of an additional 20,000 police officers by March 2023 and investment in measures to make communities safer through the safer streets fund. That being said, I understand the challenges faced by enforcement authorities, and I assure Members that the Government are not complacent in this area.

[Jim Shannon]

Has the Minister had the opportunity to discuss the Northern Ireland legislation with the devolved Administration and the responsible Minister at the Assembly? I understand that there are exceptional circumstances, but that legislation seems at least to have led to some control over this issue.

[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.

[Sarah Owen]

I am glad to hear that the Minister is willing to work with Members, so I reiterate my question: will he meet me to discuss the subject and the measures outlined in my private Member’s Bill? What we have heard so far is that the current restrictions are failing people. What we are not seeing from Government is new action that will tackle the misuse of fireworks.

[Paul Scully]

I will happily engage with the hon. Lady on her private Member’s Bill.

[Robbie Moore]

Do not the examples given in today’s debate, including the yobs and hooligans in Keighley who fired fireworks at Keighley fire brigade only last week, demonstrate that fireworks are being purchased and getting into the wrong hands and that we need to look seriously at tightening the licensing provisions for the sale of fireworks?

[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.

[Alex Davies-Jones]

Will the Minister give way?

[Paul Scully]

I will give way very quickly, but this will be the last time.

[Alex Davies-Jones]

I am grateful to the Minister for giving way, especially as he is short on time. When I met people from my local fire service this week, they mentioned the idea of a firework amnesty for people who purchase fireworks but end up not using them—perhaps because of poor weather—and have no way to safely dispose of them. They encouraged some sort of formal guidance around such an amnesty so that people could safely dispose of or hand in unused fireworks. Would the Minister support that?

[Paul Scully]

That is a really interesting idea. Any way of taking potentially dangerous things that will not be used correctly off the streets is well worth another look. More widely, we have partnered with the Royal Society for the Prevention of Accidents and other organisations, which will undoubtedly look at that as well.

In addition, this year the Government collaborated with the Association for Science Education to produce teaching materials for children in schools, to introduce messaging about safe and considerate use at an early age. I look forward to seeing the statistics from this year’s campaign, and would be more than happy to share those with hon. Members if they are interested. As I said, the Government are aware of Scotland’s new regulations and proposed new Bill, and we work closely with all the devolved Administrations. I would be really interested to see how that pans out.

I want to leave some time for my hon. Friend the Member for Carshalton and Wallington to wind up and reflect on the debate. I thank him especially, but also all the colleagues across the House who have come to show their interest in an incredibly important debate. Hon. Members should bear in mind that the Petitions Committee might want to update its report next year and take evidence before bringing a debate to Parliament. There is also the opportunity for an all-party parliamentary group, where Members can take evidence on those international comparisons, if they want to bring that kind of information to the Government and Parliament in future debates. I pay tribute to the work of the Committee.