Fireworks: Sale and Use

Scott Arthur Excerpts

Monday 9th December 2024 Westminster Hall

[Dr Scott Arthur (Edinburgh South West) (Lab)]

It is a pleasure to serve with you in the Chair, Sir Edward. I thank the hon. Member for Keighley and Ilkley (Robbie Moore) for introducing the debate.

In the days running up to 5 November this year, I met by chance at an event in Edinburgh an off-duty police officer who lives in my constituency, and he explained to me that he had been injured on Guy Fawkes night in 2023 and had still not made a full recovery. He was just one of 62 police officers injured after being targeted with fireworks and other projectiles as part of a significant outbreak of antisocial behaviour around Guy Fawkes night that year. I stress “other projectiles” because it is not just fireworks, but fireworks are a catalyst for antisocial behaviour and they are also, obviously, extremely dangerous. I talk about “antisocial behaviour”, but we all know that that is just a euphemism; it is outright lawlessness that we are confronted with at times in Edinburgh in relation to fireworks.

[David Mundell in the Chair]

In the days running up to Guy Fawkes night—I keep wanting to call it Guy Fireworks night—this year, I met with two community police officers to support a local shopkeeper who was concerned about shoplifting. Both were set to be on duty on 5 November, and both had been through so-called public order training. I had to wish them both good luck. It is shameful that we know such violence is coming on 5 November, but all we can really do as MPs is wish the police officers good luck. We should be empowering them and also protecting them.

When the night came in Edinburgh South West, we saw disorder in Sighthill, Oxgangs, Calder Road and Broomview. Thankfully, we only saw one injury, which was to a female police officer. Nevertheless, the police were clear:

“The levels of violence and aggression police officers, fire service and ambulance service personnel faced in some areas was wholly unacceptable”.

They said that residents were left

“terrified as serious disorder took place in their communities and vital bus services that allow safe travel across our city were violently attacked”.

I know that Members will not know Edinburgh well, but I will list the bus services affected just to give the scale of what happened. They included Lothian Buses services 2, 12, 14, 21, 30, 46, 48 and 400. There are many jobs where people’s partners worry about them when they go to work, but driving a bus should not be one of them. We really have to take steps to tackle that.

The police are still hunting down those responsible, and so far several houses have been searched under warrant and several vehicles seized. There have been 27 people arrested in Edinburgh and they have been charged with 64 offences. The police showed me a huge stash of fireworks that they took out of one car on 5 November. The driver had set himself up as a mobile fireworks delivery service, and he was cautioned and charged accordingly. I do not understand how one person was able to buy that volume of fireworks.

My office is engaging with communities impacted by the disorder to ask what they think needs to change. There is fantastic community partnership work going on to try to tackle the causes of antisocial behaviour of all types, but people are saying that, where fireworks are concerned, we have to do more to tackle both their supply and their use. We already have a mix of dispersal zones and firework control zones across Scotland, particularly in Edinburgh, to try to control the problem.

Firework control zones are designed to reduce the negative effects of fireworks on the environment and vulnerable groups, as well as to support animal welfare. They essentially make it illegal to set off fireworks, including within private property. However, imagine the job of the police in trying to identify who is letting a firework off in their back garden. How are they supposed to enforce that? Israel’s Iron Dome comes to mind, but perhaps it is not applicable in that setting. The Scottish Government said that the control zones were

“a key milestone in the journey towards a cultural change in Scotland’s relationship with fireworks.”

This is not a criticism, because the legislation is well intentioned, but so far there is little evidence that it is having an impact. A senior police officer told me that the orders were “mildly preventative at best.”

[John Lamont]

The hon. Member is making an excellent point, but does he agree that, in Scotland, the issue is about resources as well? The local authorities and police authorities of Scotland just do not have the resources to police this. He is making the point that the legislation and rules are there, but, if he reads some of their responses, he will see that the police are concerned about their ability to enforce them effectively. It comes down to the money from the Scottish Government for the police and local authorities.

[Dr Arthur]

I support the police, both north and south of the border, having more resources. I am one of those people who is quite happy to pose next to the police at a community event and share those pictures on my Facebook page, but the price I pay for that is to support them in their calls. What resources do they need to deal with fireworks? Do they need helicopters to see where they are being launched from? We need to tackle the import and sale of these devices, and we have to be honest about that.

The police officer was clear with me that more could be done to restrict the import and sale of fireworks, which was the point I just made, and I think we have to listen to the police on this issue. The chaos in my constituency and what I hear from police officers is why I am here today. We have known that fireworks are dangerous all my life. I can remember warnings on “Blue Peter”, when we used to get told to keep our fireworks in metal biscuit tins—remember those dangerous days? We knew back then about the impact of fireworks on animals too. At this point, I have to mention my cat, Millie—other people have mentioned dogs, but there have been no cats yet. Since then, fireworks have only got bigger and their misuse has become an increasingly significant driver of antisocial behaviour.

The British Fireworks Association wrote to me—I am sure it wrote to others—to say that fireworks-related injuries account for less than 0.03% of all A&E attendances.

[Ruth Cadbury]

I, too, read the briefing from the British Fireworks Association, and what concerned me was that it seemed to underemphasise the damage being caused by providing the tiny percentage of people who are injured. Does my hon. Friend agree that that ignores the fear, terror and trauma of animals and people, which Members across the Chamber have been addressing in this good debate?

[Dr Arthur]

Absolutely. We cannot reduce the issue to numbers; it is about the human impact. There are 25 million attendances at A&E every year, so that figure of 0.03% is 7,500 people. That is incredible. The British Fireworks Association has a list of actions that it thinks the Government could pursue, and we should engage on that. These are difficult times for Government finances, so why not fund some of those measures via a levy on firework sales?

I apologise to Alan Smith for talking about this, but a video was shared locally of a firework being put through someone’s letterbox that could have started a fire in that house. I checked the data, and between 2010 and 2023 there were 291 non-fatal firework-related casualties due to fires, and seven fatalities. Earlier, the hon. Member for Berwickshire, Roxburgh and Selkirk (John Lamont) compared that number with the number of injuries resulting from cows. We are discussing fireworks, not cows. It is time to act and place tighter controls on the sale and import of fireworks. I look forward to hearing the Minister’s response.

--- Later in debate ---

[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.

[Dr Arthur]

I thank the Minister for giving way when time is moving on. It is really good to hear about that campaign, but it would be good to get a commitment to publish any analysis of how it went. If the campaign has not worked, perhaps we need to go even further next year.

[Justin Madders]

This is the first time in several years that the campaign has taken place. Hopefully there will be a baseline of evidence that we can look to. I will commit to write to my hon. Friend to see what we can elicit from officials in that respect.

As I say, UK fireworks retailers support the voluntary fireworks code, which contains advice on safety and considerate use. Many lower-noise firework products—those around 90 dB or below—are already on the market, with consumers recognising that as an option. I hope that market continues to grow. Intelligence has been shared that shows that some considerate supermarket retailers are now stocking lower-noise fireworks, and some refuse to stock fireworks altogether. Testing commissioned by the Office for Product Safety and Standards found that consumer firework products have a very high compliance with the 120 dB limit set out in law, so the issue is not with the products but with where the law sets the limit.

Many Members raised concerns about the noise and disruption that fireworks cause, but acknowledged that displays have a contribution to make to community groups up and down the country as they often raise money for good causes. In 2019, the Petitions Committee noted that point and stated that

“these community displays have widespread local support and increase community cohesion.”

It also noted that a ban on fireworks could have unintended consequences, such as a “substantial economic effect” on the industry and the risk of a black market, which the National Fire Chiefs Council and the National Police Chiefs’ Council raised in their evidence to the inquiry. There is a lot to consider, but we recognise the strength of feeling about fireworks and their negative impact on some groups in society. I also recognise the need for effective regulation in this area.

We must recognise the place of fireworks in cultural and community celebrations and consider carefully any unintended consequences. I acknowledge that, as has been said, there is a paucity of evidence about the effectiveness of the current regulations. I am committed to engaging with all stakeholders, including businesses, consumer groups and charities, to understand the issues and inform any future decisions in this policy area. The safety of the public and the impact on people and animals will be paramount in those considerations. I hope this dialogue will continue.