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28 Feb 2003 : Column 482—continued
Mr. Brian H. Donohoe (Cunninghame, South): I congratulate my hon. Friend on bringing the Bill before us. It is long overdue. One reason for that is that the industry ignores its own code of conduct. Companies such as R.S. McColl sell fireworks 365 days a year and will continue to do so. Will my hon. Friend's Bill prevent that?
Mr. Tynan: I thank my hon. Friend for that intervention. I have held extensive consultations with the fireworks industry. The industry is receptive and supports the Bill. It recognises that there is a problem and wants the Bill to address it. I think that my hon. Friend will be content with the provisions and with the discussions that will have to take place before it is implemented.
Vernon Coaker (Gedling): I congratulate my hon. Friend on the Bill. It is most welcome and many of us hope that it will be passed quickly. Has my hon. Friend spoken to the police, the local authorities and trading standards officers about the proposed regulations? My constituents complain that existing regulations are not enforced, so we need to ensure that the police, trading standards officers and council officials realise the
importance of enforcing regulations introduced under the Bill, and that people selling fireworks to children or letting off fireworks in the street are prosecuted.
Mr. Tynan: I thank my hon. Friend for those comments. The professional bodies of the UK fire service and of chief constables all support the Bill. They recognise the need for regulation.
Clause 4 would specify the hours of day when fireworks may be used. Clause 5 would restrict the sale of certain categories of firework to people who are trained, experienced and insured as appropriate. Existing British standards categories would be retained.
Valerie Davey (Bristol, West): I offer my hon. Friend congratulations from my constituents and from the police in Bristol, who have experience of category 3 large display fireworks being used as hand-held weapons. When the provisions are considered in detail, will he take into account experience in Bristol, and also in Northern Ireland, where the law was changed?
Mr. Tynan: I am sure that my hon. Friend the Minister is listening intently and that she will address such points in her contribution.
Ross Cranston (Dudley, North): One of the valuable points about clauses 4 and 5 is that they deal with possession. At present, there are enforcement problems. The police have power to prosecute people who throw those things in public streets but they cannot catch them. The Bill includes regulations on possession that will definitely allow enforcement—at least in England—especially coupled with the valuable penalty and notice system.
Mr. Tynan: My hon. and learned Friend is correct.
Clause 6 would introduce conditions on matters such as training, insurance, consultation with people nearby and local authority permission for public firework displays. Those holding displays would be expected to take reasonable steps to ensure that certain standards were adhered to in respect of training and insurance, and that the impact of displays on people or animals nearby was curtailed or minimised.
Mr. Mark Lazarowicz (Edinburgh, North and Leith): I am grateful to my hon. Friend for giving way once more. Can he assure me that the Bill will do something about the irresponsible behaviour of far too many retailers? Is he aware that a survey conducted by Edinburgh city council found that retailers in more than half the premises visited were willing to sell fireworks to children who were clearly under age, even though the council had sent out a letter warning retailers that it was about to carry out that survey? Does my hon. Friend agree that if the Bill is successful the Government should use their powers to ensure that such practices do not continue?
Mr. Tynan: I think that the Bill covers the problem of rogue retailers. At present, trading standards departments have to issue permits and there is no chance to revoke or refuse a licence. Retailers who sell to under-age children would certainly be dealt with under the Bill.
Mr. David Chaytor (Bury, North): I congratulate my hon. Friend on presenting the Bill. My constituent
Mrs. Marlene Healey has collected a petition of 9,000 signatures; one in eight of my constituents are calling for the types of change in the law proposed in the Bill.Does my hon. Friend agree that even at private parties fireworks can maim and kill? Can he assure the House that the restrictions on sales to which he refers will ensure that fireworks that can maim and kill children and young people will not be available for use at private parties?
Mr. Tynan: I have been accused by some individuals—although very few—of being a killjoy. I want to make it clear that I want the Bill to promote opportunities for the responsible and safe use of fireworks. It is essential that we do not introduce a ban when there is no public demand for one. The Bill will help to ensure the responsible use of fireworks. It is important that people organising private parties understand the dangers of fireworks, and I hope that the annual safety campaigns will continue to stress how dangerous those explosives can be.
Jonathan Shaw (Chatham and Aylesford): On behalf of my constituents, I congratulate my hon. Friend on bringing forward the Bill.
Does my hon. Friend agree that retailers who advertise, as they did in Chatham, "Free Fireworks" are extremely irresponsible? Can my hon. Friend confirm that at private parties, especially weddings, people will be able to obtain a licence without too much difficulty and bureaucracy, as long as they provide proper safeguards? My hon. Friend the Member for Gravesham (Mr. Pond) may be interested in that point as he is getting married in a couple of weeks' time.
Mr. Tynan: Clause 7 would strengthen the existing system for licensing retailers. A two-tier system would be introduced, with tougher licensing and a lower tier that allowed retailers to sell fireworks for a limited three-week period around 5 November and for a short period before the new year. I recognise that, in addition to properly run displays for births, marriages and Valentine's day, there is a more than legitimate demand for fireworks for Diwali, Eid and the Chinese new year. I have held discussions with relevant communities and groups as to how we could deal with the sale of fireworks outside the defined periods.
Mr. Andrew Dismore (Hendon): My hon. Friend has just come to the point that I wanted to put to him. I represent a diverse constituency, with people from many ethnic minority backgrounds. There is concern that the Bill might prevent legitimate celebrations, starting in the autumn with Diwali and running through to Chinese new year in the winter. Can my hon. Friend assure me that, while his Bill would rightly control the misuse of fireworks, it would not prevent legitimate family celebrations for those important events in the diverse communities of my constituency?
Mr. Tynan: I thank my hon. Friend for that intervention. I checked on when Diwali takes place; it is normally within the three-week period before 5 November. I spoke to the Chinese embassy about Chinese new year, as I wanted to make sure that I could
answer questions such as those put by my hon. Friend, and I was told that fireworks are not used at the celebrations but that crackers are used.Under the Bill, fireworks would be available throughout the year, but only with a higher tier licence. There would be higher costs, and stricter standards of training and record keeping would apply. It has been pointed out that if we allowed the sale of fireworks only for a three-week period, people would buy them and store them for months. I want to avoid that. We could have a situation in which people from the different cultures existing in this country felt that they were being discriminated against. I want to avoid that.
Bob Spink (Castle Point): I congratulate the hon. Gentleman on his Bill, and I support him. On his point about training, I note that one aspect of his Bill is to enforce stricter rules on the training of those who give professional displays. I want some comfort on that. We want more professional displays—we do not want to raise barriers to them—and I am not aware that there is a major problem with the safety of professional displays. I have never had a representation from a constituent about that. Will he assure me that he will not over-regulate in that area?
Mr. Tynan: I thank the hon. Gentleman for that. I have consulted widely, and the British Pyrotechnists Association is currently running a pilot scheme in four areas. It is looking at the training of operatives at licensed displays to make sure that two tiers apply to the people who operate and the people who manage. There is some merit in the manner in which they are setting up the training scheme, and consultation and discussion can take place to see whether it is a practical proposition for the future. I hope that that will satisfy the hon. Gentleman.
Jim Knight (South Dorset): My hon. Friend is being exceedingly generous in allowing so many interventions. I applaud him for that and for introducing the Bill, which is being very well received in Dorset. Today, three Members have received some 8,000 representations from Dorset area residents. In response to the point about the killjoy element, is there not some local variation through local authorities regulating the licences that allows them to make judgments about traditional firework events in their area, and whether they will be carried out responsibly?
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