Fireworks: Sale and Use

Debate between Sarah Owen and Justin Madders

Monday 9th December 2024 Westminster Hall

[The Parliamentary Under-Secretary of State for Business and Trade (Justin Madders)]

It is a pleasure to see you in the Chair, Mr Mundell. As the shadow Secretary of State, the hon. Member for Arundel and South Downs (Andrew Griffith), said, this has been a good debate and a wide range of suggestions have been made.

We had speeches from 20 Back-Benchers: my hon. Friend the Member for Newport East (Jessica Morden), the hon. Member for Hazel Grove (Lisa Smart), my hon. Friend the Member for Luton North (Sarah Owen), the hon. Member for Berwickshire, Roxburgh and Selkirk (John Lamont), my hon. Friend the Member for Brentford and Isleworth (Ruth Cadbury), the hon. Member for Cheadle (Mr Morrison), my hon. Friend the Member for Uxbridge and South Ruislip (Danny Beales), the hon. Member for Hornchurch and Upminster (Julia Lopez), my hon. Friend the Member for Bexleyheath and Crayford (Daniel Francis), the hon. Member for Bradford East (Imran Hussain), my hon. Friend the Member for Wolverhampton North East (Mrs Brackenridge), the hon. Member for Edinburgh West (Christine Jardine), my hon. Friend the Member for Glasgow South West (Dr Ahmed), the hon. Member for Eastleigh (Liz Jarvis), and my hon. Friends the Members for Edinburgh South West (Dr Arthur), for Gloucester (Alex McIntyre), for Stourbridge (Cat Eccles), for Glasgow East (John Grady), for Morecambe and Lunesdale (Lizzi Collinge) and for Southport (Patrick Hurley). That was quite a good spread across the isles: it shows that the issue affects everyone in this great nation of ours. Everyone spoke with great passion and insight into how fireworks affect individuals, and there were a range of suggestions about what might be done.

I congratulate the hon. Member for Keighley and Ilkley (Robbie Moore) on leading this important debate. He set out well the balance of issues that we have to take into account when considering these matters. As he highlighted, fireworks can have a dreadful impact.

The two petitions that we are debating are “Ban the sale of fireworks to the general public” and “Limit the sale and use of Fireworks to licence holders only”. I join the shadow Secretary of State in paying tribute to Chloe Brindley and Alan Smith for their work in helping to get the petitions debated today. The debate has shown that there is an appetite across the House to look at the issue. As a constituency MP and as a member of the Government, I know from my own postbag that it is an issue of widespread concern.

I express my condolences to the family of Josephine Smith, who, as we know, sadly passed away following the placing of a firework through her letterbox. The tragic story, which was conveyed by the hon. Member for Hornchurch and Upminster, brings home the consequences of the deliberate misuse of fireworks. We heard from her about how the CCTV caught those responsible talking about what they might do, and I cannot imagine how difficult that must have been to view that irresponsible behaviour. The hon. Lady conveyed Mr Smith’s thoughts well. He asked for a sensible and respectful debate, and I certainly believe that we have had one today. I assure him that we will meet in the new year and that we will continue to engage in a sensible and respectful way. There are many things to explore in what he said.

My hon. Friend the Member for Luton North has caught the attention of a lot of Members with her private Member’s Bill. She highlighted what is arguably an illogical approach to licensing, and mentioned the challenge of enforcement, which all Members spoke about. Many Members clearly feel that the enforcement regime is not working as it should. There may be a number of reasons for that. She also mentioned the impact on children with special educational needs and on guide dogs, and the impact of online sales, which were not something of which we were cognisant when fireworks were last legislated for. Those were important points.

The hon. Member for Edinburgh West is not in her place, but her constituency contains Edinburgh Zoo, where Roxie the panda cub sadly died. That graphically brings home the impact that fireworks can have on animals. She was right to highlight the irony of a zoo doing its utmost to protect an endangered species but losing an animal through the deliberate and possibly unthinking acts of humans. There are many elements to this. We must recognise that for many people and animals, noise and disruption can be challenging. That is why we have had this debate today and why many people have signed the petition.

We must recognise that for the many people who use and enjoy fireworks responsibly, they are an important part of their life for enjoying celebrations with family and friends, and as part of the wider community. We know they are a popular product: the industry is valued at £200 million a year. Research published by the Social Market Foundation showed that 77% of the public like fireworks a lot or somewhat. As I think my hon. Friend the Member for Bexleyheath and Crayford said, about 14 million Britons—a significant number of people—plan to have their own displays each year. However, the research also showed that only 15% of people in Great Britain want the regulations to stay as they are. It was clear from the debate that a lot of Members share that view. As my hon. Friend the Member for Stourbridge mentioned, there is potential for alternatives, including the use of light displays, drones and lasers. The use of alternatives was also highlighted in the Social Market Foundation report.

As Members have said, the Petitions Committee launched an inquiry into the sale and use of fireworks in 2019, which gave people the opportunity to raise their concerns. I believe it attracted more than 350 written submissions. The Committee made a number of recommendations but did not, in the end, advocate for a total ban on fireworks. I think it recognised the concern that doing so would create a black market. When we look at the possibility of a total ban, we must recognise that an extensive regulatory framework for fireworks already exists. We should also recognise that, particularly in Scotland, there have been a number of developments in trying to regulate them. I listened with great interest to what my hon. Friends the Members for Glasgow South West and Edinburgh South West said about their experiences of that system. They both talked about the horrendous injuries that police officers and other public servants have received, and why it is so important for them to get control of the issue.

When my hon. Friend the Member for Edinburgh South West said that a lot of this is just lawlessness, he hit the nail on the head. That feels such a long way away from the displays that many Members talked about from their youth. How we have gone from that innocent, joyful experience to downright anarchy is a sad indictment, I am afraid. I also noted my hon. Friend’s question about whether exclusion zones have been as effective as we would have liked. I think my hon. Friend the Member for Glasgow East suggested that their application had not been as good as we would have liked. There are certainly things we need to look at from the experience of Glasgow and Edinburgh so far, to understand whether that tool is fit for purpose.

Under the Fireworks Act 2003, the Fireworks Regulations 2004 introduced a package of measures to reduce the nuisance and injuries caused by the misuse of fireworks, which forms part of the broader public concern with the problems of antisocial behaviour. As we know, there is an 11 pm curfew for 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, as well as for local authority displays, celebrations and events. In addition, the Pyrotechnic Articles (Safety) Regulations 2015 include a 120 dB noise limit on the fireworks available to consumers. It should be said that the majority of people who use fireworks do so appropriately and have a sensible and responsible attitude to them, but, as we have heard this afternoon, too many people use them in a dangerous, inconsiderate or antisocial manner.

The police, local authorities and other local agencies have a range of tools and powers that they can use to respond to antisocial behaviour, including the antisocial use of fireworks offence through the Anti-Social Behaviour, Crime and Policing Act 2014. Going even further back, the Explosives Act 1875 made it an offence to throw, cast or fire a firework into a highway, street, thoroughfare or public place, demonstrating that it is sadly not a new problem.

Members have referred to the different categories of fireworks. It is worth setting out the fact that retailers must not sell low or medium-hazard fireworks, known as F2 and F3 fireworks, to anyone under the age of 18. Category F1, classed as very low hazard, cannot be sold to anyone under the age of 16. F4 fireworks are the most hazardous and can be sold only to those with specialist knowledge who have undertaken training recognised in the fireworks business and who hold a valid liability insurance. It is also an offence for anyone under the age of 18 to possess an F2, F3 or F4 firework in a public place, or for anyone to possess an F4 firework unless it is for specified professional reasons. Those offences can attract a £90 on-the-spot fine or, on summary conviction, up to six months’ imprisonment or an unlimited fine.

Retailers are restricted to selling consumer fireworks during a limited period around each of the seasonal celebrations that I have mentioned. Retailers may supply fireworks to the public outside of those periods only if they obtain a licence from their local licensing authority, so fireworks are less available to purchase outside those seasons. There are storage limits and strict rules around how and where fireworks are stored in business premises—the experience of my hon. Friend the Member for Brentford and Isleworth is not an example of how they should be adhered to.

[Sarah Owen]

I welcome the Minister’s thorough response. On the point about loosening the licensing laws to accommodate other sellers so that they can sell fireworks at times when people actually want to buy them—such as for fireworks night and new year—does that not seem a perverse way of doing things? If people are buying fireworks, they should be doing so from licensed, reputable sellers.

[Justin Madders]

I thank my hon. Friend for her intervention. I think I have already recognised and acknowledged that there is a slight incongruity about how it works, which is something we will consider as we move forward.

Local authority trading standards work with retailers to ensure that fireworks are sold safely, and they have powers to enforce. Again, we have heard questions about whether that is currently sufficient. Trading standards can also enforce against those selling fireworks without an appropriate licence—for example, outside the normal selling period. But it is clear from the debate that some Members feel the current legislation is not only inadequate but is not being enforced properly.

Some Members mentioned the issue of noise. We recognise the impact of fireworks on vulnerable people, including veterans and those with post-traumatic stress disorder, and animals. That, along with antisocial use, is a key concern, as I have heard on a number of occasions. This year I launched a fireworks campaign to provide guidance on minimising their negative impacts. The campaign was well received on social media and shared by our key enforcement partners. But of course those who were determined to cause trouble and those who do not have any respect for others will not take heed of that.

Various animal charities have published guidance on how to protect animals during the fireworks season. We will continue to work collaboratively with animal welfare organisations, alongside other charities, to ensure that the messaging reaches the public.