Fireworks

Susan Elan Jones Excerpts

Monday 29th January 2018 Westminster Hall

[Susan Elan Jones (Clwyd South) (Lab)]

I beg to move,

That this House has considered e-petition 201947 relating to fireworks.

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

I discovered that a past Member of the House of the Lords from my area was the first peer to smoke in the House of Lords. I assure you, Mr Walker, and other Members present that I have no plans to become the first Member of either House of Parliament to light a firework in the course of the debate, not even a sparkler.

The petition is a serious one. It wants to

“Change the laws governing the use of fireworks to include a ban on public use”,

and states:

“Fireworks cause alarm, distress and anxiety to many people and animals. We call on the Secretary of State to make appropriate provision to secure that the risk of public use is the MINIMUM that is compatible with fireworks being used, as stated in Fireworks Act 2003 sect 2.

Noted in debate of firework petition 109702 statistics are not recorded. We ask government to collect statistics. We ask the Sec. of State to issue a full regulatory impact assessment in accordance with section 2(4) Act; 2004, consider statistics gathered by FireworkABatement (FAB) as stated in Fireworks Act 2003 sect 3b., ‘as an organisation which appears to the Sec. of State to be representative of interests substantially affected by the proposal’, Shown by this petition and past petitions.”

As of today, 111,717, a very large number of people, have signed the petition. On behalf of the House of Commons Petitions Committee, I thank Julie Doorne, creator of the petition, and all its signatories. I also thank the 5,700-plus members of the public who left a range of thoughtful comments reflecting a diverse range of views on the Committee’s Facebook page.

I like fireworks. I mean, I really like fireworks, and I grew up with little, informal community firework displays on bonfire night. We had rockets, Roman candles, Catherine wheels, snowflakes and traffic lights, as well as those magical sparklers to scribble away with in the night air. There was the big bonfire in which the jacket potatoes were cooked, and there was hot soup, cakes and sweets, and of course a crowd of people.

I appreciate that all that is starting to sound like a cross between Laurie Lee’s “Cider with Rosie” and Dylan Thomas’s “A Child’s Christmas in Wales”, or a child’s bonfire night in this case. Idyllic—a happy community coming together across the age divide to enjoy a joyful time together, with pets firmly kept indoors enjoying tracks from the Bay City Rollers, or whatever else was listened to in the’70s that was enough of a noise to minimise the sound of the bangs outside. After all, it was only on one night of the year.

[Norman Lamb (North Norfolk) (LD)]

Does the hon. Lady agree with the view of the Royal Society for the Prevention of Cruelty to Animals that private use should be restricted to certain key dates, such as 5 November, new year’s eve, Diwali and Chinese new year? Does that make sense to her, because of concern about the fear caused to animals?

[Susan Elan Jones]

There is a very strong case for that. At the very least, the Government should launch a public consultation on the issue.

In June 2016 a Minister, the hon. Member for Orpington (Joseph Johnson), stated that the fireworks industry is worth £180 million and directly employs 250 people, and that thousands of others in the supply chain would be affected by new legislation. So there we have it, a Conservative Minister making the economic case for the status quo, and a Back-Bench Labour MP waxing lyrical about bonfire nights in north Wales.

Should that not be the end of the debate, especially when we consider how important fireworks are in bringing people together and in their use across a whole range of multicultural festivals? Can we not just agree that spontaneous communal gatherings with fireworks are such a nice phenomenon and bring such local joy that the only problem is that we do not have more of them? Should we not just recognise that, with the first documented use of fireworks in this country being way back in 1486, it is simply something that we do at local spontaneous gatherings as well as large organised displays? The answer to that is no—the movers of the petition and others have a very valid case to make, and it is supported by a range of people across society.

[Dame Caroline Spelman (Meriden) (Con)]

I should declare an interest as the chair of the all-party parliamentary group for the horse. Does the hon. Lady agree that it is not only the when, to which the right hon. Member for North Norfolk (Norman Lamb) just referred, but the where? Given the proliferation she is talking about, the proximity of fireworks to horses has cost 15 horses being killed and 60 injured since 2010, and those are just the ones we know about, not to speak of the humans involved, such as when a horse crashes through a fence and into the windscreen of a car. The location of firework displays becomes very important, not only the extended period during which fireworks are let off.

[Susan Elan Jones]

I agree with the right hon. Lady. For those of us who represent rural or semi-rural seats, that is a particular issue.

[Tonia Antoniazzi (Gower) (Lab)]

I noted my hon. Friend’s words, including about spontaneous gatherings. Following on from talk of horses, for five years, my constituent Fiona Hohmann owned a horse, Solo, which died on the night of the fireworks. The vet informed her that the horse had twisted his gut in the panic caused by the noise and distress. Given the unnecessary distress and pain to all animals, we should limit the private use of fireworks and, as the right hon. Member for Meriden (Dame Caroline Spelman) said, not just the when but the where.

[Susan Elan Jones]

My hon. Friend from Wales makes a strong case.

I mentioned earlier the 5,700-plus comments reflecting different views on the Facebook page. I cannot talk about all of them but I will quote one: Facebook user Stephanie Daisy shared a moving video about her daughter, Maisie, who suffered serious injuries after a small home firework display went wrong on 5 November 2016. A stray flare became stuck in her scarf before exploding. She suffered full thickness burns to her head, neck and shoulders, and had five separate operations. In response to the post on Facebook, Stephanie said:

“My thoughts are, and always will be, that fireworks can be devastatingly dangerous even when used safely and as such should only be allowed at organised displays”.

Stephanie is not alone in her views. In fact, many others seem to share them, including veterans with post-traumatic stress disorder.

For such veterans, fireworks can be an unwelcome trigger for upsetting and frightening memories of conflict. The veterans’ charity, Shoulder to Soldier, runs a campaign to raise awareness of the negative effect that random fireworks can have on veterans who live with PTSD. That can be a particular problem nowadays as we do not only “Remember, remember the fifth of November”, but scores of other days throughout the year, with much random letting off of fireworks.

[Chris Williamson (Derby North) (Lab)]

Would my hon. Friend care to comment on a scenario that happened in my constituency? The home of Mr and Mrs Bagshaw was destroyed after a random firework entered the roof space and caused a fire which devastated their home. I asked if any consideration was being given by Ministers to lowering the explosive content of fireworks available to the general public, but the response was that there was no such plan. Will my hon. Friend comment on that aspect of this debate?

[Susan Elan Jones]

My hon. Friend makes a good point and there are similar examples in other constituencies, although the one he refers to is especially serious.

People who wear hearing aids have concerns, too. According to The Independent, the petition organisers claim that random fireworks can be a nuisance to those who wear hearing aids. Individuals with those devices can turn the volume down or remove the hearing aid completely if they have prior notice of fireworks events. However, when fireworks are not expected, the noise they produce can cause significant pain and discomfort to hearing aid users.

[Tracy Brabin (Batley and Spen) (Lab/Co-op)]

My hon. Friend is making a very fine argument. I was approached by a constituent who went to an organised event and she and her husband were subjected to an attack by young people with fireworks. Although there is a £5,000 fine for selling fireworks to under-18s, it would be good to collate the numbers, to find out how many people have been fined for selling fireworks to underage people. Does she agree that people should be able to enjoy a community event without having to worry about being under attack when they leave?

[Susan Elan Jones]

I agree with my hon. Friend. The petitioners refer to the lack of proper statistics as an issue.

Unorganised, spontaneous firework displays are worrying for many children and adults with health concerns. Many of those who care for children know that the loud noises generated by random firework displays can distress children who live with autism, hearing difficulties and certain mental health conditions. Some families can—and do—find it difficult to explain to affected children why the displays occur so often and without warning, especially throughout the winter months and not just on bonfire night and new year’s eve, and during the spring and summer, when it seems that any event can be marked with a sudden loud volley of firework sounds. For some people, that can be very disconcerting.

[Dr David Drew (Stroud) (Lab/Co-op)]

My hon. Friend is probably horrified, as I am, that there is a shop in my constituency that is open virtually every day of the year, which advertises Gloucestershire’s cheapest fireworks. I do not know the limitations on that shop’s selling fireworks, but at the moment it appears that anyone can go in and buy fireworks whenever they want to. Does she agree that that needs to be looked into?

[Susan Elan Jones]

I suspect that trading standards may like to pay them a visit, as that may not be entirely in keeping with current legislation, let alone any future plans that the debate may bring.

There are many concerns about domestic animals. The 2005 report by the RSPCA, “Firework fears and phobias in the domestic dog”, which was based on extensive research, informs us that almost half the owners questioned—49%—reported that their dog was frightened of loud noises. Forty five per cent. of owners reported that their dog showed fearful behaviour when it heard fireworks. It is widely accepted that cats and other domestic animals can be significantly affected by firework noises. The right hon. Member for Meriden (Dame Caroline Spelman) and my hon. Friend the Member for Gower (Tonia Antoniazzi) mentioned the issues concerning horses: reported incidents in 2017 rose by 243% compared with 2016, and 15 horses died and 60 were injured according to reported statistics—clearly not all incidents are reported to the British Horse Society.

Let us not forget farm animals. Farm animals and livestock can also suffer from distress injury. That can mean livestock bolting in distress, which may cause danger to humans and vehicles if the livestock are near a public highway. Fowl have been known to smother each other in their attempts to hide from the noise in their environment. Animals have been known to go into premature labour and lose their offspring. Similar distress to animals from jet engine noises has previously been noted, too.

In 2016, just before a parliamentary debate on fireworks, the National Farmers Union issued the following statement:

“Farmers care deeply about the welfare of their animals, and are rightly concerned about anything that could jeopardise their wellbeing. Fireworks, especially when used at unpredictable times of year, have the possibility to frighten livestock, which can lead to lower production and even stock loss. Poultry especially are at risk of a ‘smother’, where birds huddle together which can result in some birds dying. In addition fireworks can pose a fire risk if hot embers land on barns or in fields of standing crops. This is particularly an issue during the summer when crops are more likely to be dry.

While the NFU does not have a position on when it is appropriate for fireworks to be let off we would call on everyone using fireworks to consider the safety and wellbeing of their neighbours and neighbours’ animals.”

The statement continues:

“It is important to let farmers know beforehand that you are planning on letting off fireworks so they can take necessary precautions to protect their animals. Fireworks should always be used safely, and pointed away from buildings, standing crops, and fields with animals in them.”

I know that hon. Members representing rural or semi-rural constituencies will join me in agreeing with every word expressed by the NFU in that statement. Many of us will also have heard local horror stories about fireworks. Last autumn in my constituency, a kitchen was destroyed within minutes when a young child set off a firework. After the incident, which could have been much worse, the child’s mother said:

“We were lucky to escape from the property unharmed this morning and my advice to everyone would be never store fireworks in the house.”

Those words are well worth sharing in our debate today.

On a totally different note, there are also those who feel that, at a time when we are constantly reminded to be more vigilant about the ever-present threat of terrorism, loud explosions from fireworks at random times of the year can be unsettling for a lot of people. One example that comes to mind is from November 2017, when an altercation between two men in Oxford Circus tube station caused a mass panic that resulted in several injuries. There are examples every year that show that bonfire night seems to be an opportunity for a special and criminal night of arson and disorder, with its own very real dangers for emergency service personnel. I suspect that my hon. Friend the Member for Halifax (Holly Lynch), who is present, will mention that if she speaks in the debate.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

On that note, in Yorkshire, prior to bonfire night we have mischief night, when young people in particular misuse fireworks, throw them at other people—I have had a firework thrown at me—put them through people’s doors and attack firefighters in west Yorkshire. We need action, not just around bonfire night but mischief night.

[Susan Elan Jones]

I had not heard of that particular custom but it sounds as if that is the case.

Having said all that, many would argue that fireworks are pretty well regulated across the UK. There are separate, stricter regulations for Northern Ireland, but even for the rest of us, there are a good number of statutes that relate to firework use—I will not go into all of them.

The Fireworks (Amendment) Regulations 2004 are designed to tackle the antisocial use of fireworks. Since January 2005, the sale of fireworks to the public has been prohibited except by licensed traders. However, fireworks can be sold by unlicensed traders on Chinese new year and the preceding three days, on Diwali and the preceding three days, for bonfire night celebrations between 15 October and 10 November—I assume those buying them at the end are having a late bonfire night—and new year celebrations between 26 and 31 December. A licence costs £500 and is issued by a local authority, subject to strict criteria. The penalty for operating without a licence is an unlimited fine and/or up to six months in jail. Under the 2004 regulations, it is an offence to use fireworks after 11 pm and before 7 am without permission, except on bonfire night, when the cut-off is midnight—it certainly was not in the case of the child in north Wales I mentioned—and on new year’s eve, Chinese new year and Diwali, when the cut-off is 1 am.

Fireworks are categorised from F1 to F4. Category F1 fireworks are

“fireworks which present a very low hazard and negligible noise level and which are intended for use in confined areas, including fireworks which are intended for use inside domestic buildings.”

Category F4 fireworks are

“fireworks which present a high hazard, which are intended for use only by persons with specialist knowledge and whose noise level is not harmful to human health.”

In other words, they are professional fireworks for use in large open spaces.

Regulation 8 of the 2004 regulations prohibits the supply to the public of category F3 fireworks whose noise exceeds 120 dB. According to Age UK, damage to hearing can be caused by noise of 85 dB. The illegal use of fireworks can result in prosecution and a fine of up to £5,000 and/or a prison sentence of up to six months. A £90 on-the-spot fine may also be levied. The penalty for committing an offence of supplying a category F2 or F3 firework to any person under 18, or supplying a category F1 firework to any person under 16, is a fine of up to £5,000 and up to six months’ imprisonment.

In addition, under section 31 of the Pyrotechnic Articles (Safety) Regulations 2015, an “economic operator” —a retailer—must not sell: a Christmas cracker to anyone under 12; F1 category fireworks to anyone under 16, or F2 and F3 category fireworks to anyone under 18. They also must not sell F4 category fireworks to members of the public, as those may be supplied only to a person with specialist knowledge.

Fireworks, including sparklers—those were my favourite—can be bought for private use only between 15 October and 10 November, between 26 and 31 December, and in the three days before Diwali and Chinese new year. Storage of fireworks of less than 2 tonnes requires a licence from the local authority; storage of more than 2 tonnes of fireworks requires a licence from the Health and Safety Executive. Both bodies may inspect storage facilities if they wish. The Explosives Regulations 2014 state that a licence is required to store fireworks except where their quantity is less than 5 kg. That strikes me as pretty extensive.

At the start of the debate, I spoke about my positive childhood experiences of local community bonfire nights, so it is both instinctive and subjective for me to say that I am cautious about a total ban. Others with less positive experiences will of course take a different view.

[Chris Williamson]

My hon. Friend went through the extensive regulatory safeguards in detail, but they are only as good as their enforcement. We hear every bonfire night, and on other occasions, of examples such as the appalling incident in my constituency where two vile sadists strapped two rockets to a cat and set them on fire. We clearly need better enforcement. I wonder whether she will comment on the fact that cuts to local authorities, to police services and so on make it difficult to enforce the regulations, which should provide safety to the general public.

[Susan Elan Jones]

That is probably true, and I know what I would quite like to do to some perpetrators, but it is worth noting that some countries have far tougher rules for spontaneous local firework displays. Last November, a fascinating piece on the BBC website noted how, in the American state of Delaware, someone can get a shotgun without a licence but it is totally illegal for an individual to buy a firework. It struck me as interesting that the right to bear sparklers is governed by tougher laws than the right to bear arms. Some other states relent on sparklers—I am conscious that my emphasis on sparklers reflects a certain subjectivity—but ban all other fireworks. In all seriousness, that is an interesting comparison.

I give that example because I think we need more objective evidence—and not primarily from other countries. The petitioners refer to the need for proper statistics about firework-related incidents. A related newspaper article states that petitioners found it impossible to get the relevant information through freedom of information requests. I agree with the petitioners that to debate this issue properly and to consider the extent of the problem we need full and accurate data. We do not have that at the moment, and I believe that the Government should provide it.

It is also time that the Government launched a proper, comprehensive consultation on this issue. We cannot discuss all this by anecdote alone. We cannot seriously have a grown-up discussion about what the law should be when all we have to go on is the subjectivity of lawmakers who have happy childhood memories of small informal firework displays and those who, for equally personal reasons, do not. We need evidence, statistics and a proper debate, and we need the Government to launch a formal consultation on this issue.

[Several hon. Members rose—]

--- Later in debate ---

[Susan Elan Jones]

We have had a very good and thorough debate, and it is not every day that one gets a Minister making their debut here in Westminster Hall. We will make it especially memorable for him, because we will hold him to account on what he has said about that new body. More action needs to be taken; that is undoubtedly true and has been said by Members from right across the political spectrum.

We also need proper statistics. The talk about “evidence-based” stuff is fantastic, but that has got to mean proper, concrete statistics. There should be a public consultation; we need people’s views out in the open.

Finally, I put on record again my thanks to the creators of the petition, everyone who signed it and everyone in our constituencies, right across the country, who cares as passionately as we do about this very important issue.

Question put and agreed to.

Resolved,

That this House has considered e-petition 201947 relating to fireworks.