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28 Feb 2003 : Column 517—continued

Mr. William Cash (Stone): Will my hon. Friend give way?

Richard Ottaway: If my hon. Friend does not mind, I will not. He has only just arrived in the Chamber.

As a typical Conservative, I am reluctant to introduce powers if regulations are seen to be working. There is a common consensus, however, that those powers that are currently available are not seen to be working. I am wary about the enabling Bill, and I was comforted by the Minister's speech, when she said that she would consider these matters seriously. What is important is not just what can be sold and when they can be sold, but when they can be let off—we should contain the period within which fireworks can be let off—and to whom they can be sold. As my hon. Friend the Member for Old Bexley and Sidcup said, this problem seems to occur earlier and earlier—fireworks seem to go off throughout the autumn, and often through the night. The House must deal with that situation.

I return to the theme to which many Members have referred—animal welfare. That is desperately important, and I hope that the Bill will be given a fair wind.

12.11 pm

Mr. Michael Weir (Angus): I join other Members in congratulating the hon. Member for Hamilton, South (Mr. Tynan) on introducing this important Bill, which strikes at a serious problem in all our communities. It is not often that he will receive a compliment from an SNP Member, and I hope that it does not damage his career too much.

I want to reinforce the point made by the hon. Member for Cleethorpes (Shona McIsaac) that this is not just an urban problem. I cite the example in my constituency of one small village where more than £2,000 worth of damage was caused to a house when a firework was jammed through a letterbox in the early hours of the morning. If that fire had not been discovered quickly, it could have turned out to be fatal to the family sleeping in the house. That is how serious this matter is.

Fireworks are meant for enjoyment and celebration. Unfortunately, they are misused by a small minority, which causes huge distress to our constituents and to animals. It is perhaps no coincidence that fireworks are governed by the Explosives Act 1875. Sadly, many of those most at risk in our society are the most vulnerable. It has been noted that the numbers of injuries are increasing. In Scotland alone, in 2000–01, there was an increase of 35 per cent., which is seriously worrying. Last year, I pursued this matter through parliamentary questions to try to ascertain the dates of accidents

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involving fireworks. The answers showed that the majority of incidents took place before and after 5 November, not on the date itself. Perhaps even more worryingly, the majority of those injured were under 18.

The hon. Member for Twickenham (Dr. Cable) asked why this measure was a framework Bill rather than having the incremental approach that has been adopted until now. It is true that after the Government introduced the Fireworks (Safety) Regulations 1997, which, along with other measures, restricted the sale of fireworks to those over 18, the number of injuries from fireworks decreased. The level of injuries reported in 2001, however, was higher than in 1996, and substantially higher even than in the millennium year, 2000.

If the increase in the number of injuries is worrying, the age distribution of those injuries is even more disturbing, especially when one considers that, under those regulations, youngsters should not be able to buy fireworks. Injuries to under-13s account for 34 per cent. of the total injuries. A further 25 per cent. is made up of 13 to 15-year-olds. In essence, therefore, 59 per cent. of all firework-related injuries are to children under the age of 16—the very people who should not have access to fireworks. It seems clear, therefore, that the age restrictions in the 1997 regulations are not working and that further action is required.

I appreciate that time is short, but I want to raise the issue of the Guide Dogs for the Blind Association. My constituency has long been associated with guide dogs because of the presence of the Scottish training centre. The training centre is actually in Forfar, which is just across the border, in the constituency of my hon. Friend the Member for North Tayside (Pete Wishart). Much has been said about the problem for working guide dogs, but it goes further than that. Throughout the boroughs of Angus, many people look after and train puppies for the association. Many of those dogs are affected by fireworks before they even become working guide dogs. The problem is therefore serious and should not be underestimated, as it affects the association's puppies as well as the working guide dogs that assist our blind constituents.

Much has been said about the fact that the Bill is effectively an enabling measure, which is both a strength and a weakness. The weakness is obvious, as we are not entirely certain what the regulations will say, and trust the Minister to be reasonable. However, I was reassured by her speech and I believe that acceptable regulations will be introduced. The strength of such regulations is that they can be adopted more quickly than primary legislation. In an area like this, that is very important and, interestingly, was used by the industry as an argument in favour of the voluntary code. It argued that the code could be quickly amended. However, the code is simply not working because it is voluntary and, as has been noted, several retailers are not sticking to it, which has led to the need for regulation. If the Bill is not successful, there will be calls for a total ban. If there are no improvements, it will become more difficult to resist those calls.

12.16 pm

Mr. David Atkinson (Bournemouth, East): Last year, I received more complaints from constituents about fireworks than ever before, as did Bournemouth

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borough council, which serves my constituency. In response to those complaints, it passed a resolution on 26 November last year calling on the Local Government Association to make the strongest possible representations to the Government to ban the sale of fireworks to the public and ensure that fireworks are supplied only to qualified organisers of displays. My local paper, the Bournemouth Daily Echo collected a petition in the form of over 4,000 completed coupons signed by its readers in response to its "Bang Out of Order" campaign, together with a separate petition supported by 3,500 signatures, both of which were presented by its senior reporter, Paula Roberts, to the hon. Members for Mid-Dorset and North Poole (Mrs. Brooke) and for South Dorset (Jim Knight) and myself outside St. Stephen's entrance at 9 o'clock this morning.

Any initiative to reduce the nuisance of fireworks will therefore have the widest possible support from my constituents. I congratulate the hon. Member for Hamilton, South (Mr. Tynan) on introducing his Bill today, but I shall suggest some ways in which it can be improved. The complaints and nuisances that have already been cited in justification of the Bill's introduction echo very much the complaints that I have received over the years against the unregulated and indiscriminate use of fireworks, which can have a serious effect on young children, the elderly and, indeed, all of us who cannot avoid an involuntary jump in response to a loud bang outside the home or anywhere for that matter. The effect on dogs, cats, aviary birds, horses and livestock is also distressing for the owners, particularly when pets and other animals have to be put down as a consequence.

The nuisance extends well beyond midnight, when most of us are trying to sleep. It needs only one bang to set off a chorus of dogs barking in the neighbourhood. The period in which we have to endure such nuisances seems to widen every year, starting well before Halloween and not ending until after the new year. Indeed, fireworks are used throughout the year, as we have heard. Many hon. Members have rightly stressed the traumatic effect of fireworks on guide dogs for the blind and on their owners—it can bring the dogs' useful work to a premature end. The conclusion we should draw from the ever-widening experience of our constituents is that the fun of fireworks for some does not justify the widespread misery that they cause for many. The Government's response has been to rely on voluntary restraint by the industry to reduce the level of noise and to reinforce the voluntary sale agreements with retailers, together with other initiatives, but the Bill goes further in enabling the Government to introduce new regulations on the use and supply of fireworks and in introducing other measures.

What will happen when the Bill becomes law? Will my constituents immediately be better protected? That will not necessarily be the outcome. As the hon. Member for Hamilton, South acknowledged, his Bill is neither simple nor brief. It is also extremely bureaucratic, and I share the reservations expressed by my hon. Friend the Member for Croydon, South (Richard Ottaway) that it may prove to be unworkable. I want much clearer proposals in the Bill. I would not restrict the sale of fireworks. Instead, I would restrict when fireworks can be used and by whom.

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Although I am a Roman Catholic Member of Parliament, I do not propose that Guy Fawkes night should be abolished, as it is so much part of our national culture. I am also a monarchist and a democrat, and believe that he should not have attempted to blow up the King and Parliament. The weapons inspectors did good in discovering the gunpowder plot—I hope they do the same in Iraq.

I propose that the private use of fireworks and the holding of bonfires should be restricted to seven days a year, which include 5 November and the nearest weekend to it. For the rest of the year, fireworks should be only for public display by organisers who have obtained an occasional licence from the local authority. That should also apply to private parties. There should be a curfew of midnight for all fireworks on every occasion.

How should these restrictions be policed? Because my proposals are much clearer than what the Bill proposes, I believe that public pressure and self-restraint could prove surprisingly effective. It would simply be considered antisocial to behave otherwise, even by young people towards those who offend. I believe that what I have proposed would have much more support than what is proposed in the Bill. I look forward to support from the promoter of the Bill for my proposals, and I wish him success in the passage of the Bill.


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