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Over the years, I have received lots of letters about fireworks, but I have never received a letter about the visual pollution of fireworks, although I appreciate the
fact that certain nights of the year may be difficult for astronomers. However, what my constituents write to me about is the noise of fireworks, and I suspect other Members receive similar letters from their constituents.
As I said, the current limit is 120 dB. To give the House some idea of what that sounds like, it would be like being 120 m from a passenger jet. A road drill is 100 dB, and 95 dB is roughly equivalent to a book being dropped 1 m on to a table. At a lower level, 70 dB is the normal sound one would hear on a television and, depending on traffic volume, between 70 and 80 dB is the background traffic noise that many of us experience.
We continue to receive letters from constituents understandably complaining about the noise of fireworks, even though most fireworks sold and used in the United Kingdom are below the current 120 dB limit. However, they still disturb humans and pets, so the Bill would lower the threshold from 120 to 95 dB in the interests of improving the lives of all of us—human beings and pets. There would also be safety implications.
Secondly, the Bill would improve the labelling of fireworks. Three and a half years ago, I tabled early-day motion 1549:
“That this House believes that, in the interests of helping to promote good neighbourliness and animal welfare, regulations should soon be made under the Fireworks Act 2003 requiring all those selling fireworks to label them clearly specifying the decibel level produced by each firework when used.”
I want informed choice for consumers. I am sure that many people who buy fireworks have no intention of disturbing their neighbours. However, unless we have clear labelling on the noise level to be emitted by fireworks it is difficult for people to know until they use them whether they will in fact disturb their neighbours or animals in the neighbourhood. We should lower the level allowed for fireworks used in the United Kingdom from 120 dB—the current limit—to 95 dB, and we should make sure that fireworks supplied for use in the UK have a clear label specifying the decibel level to be emitted by the firework.
Bill ordered to be brought in by Rob Marris.
Fireworks Act 2003 (amendment)
Rob Marris accordingly presented a Bill to make provision about the noise emitted by fireworks supplied in the United Kingdom: And the same was read the First time; and ordered to be read a Second time on Friday 17 October, and to be printed [Bill 83].
Orders of the Day
European Union (Amendment) Bill
(Remaining Proceedings on Clause 8 and proceedings on New Clauses and New Schedules)
Further considered in Committee.
[Sir Alan Haselhurst in the Chair]
The Chairman of Ways and Means (Sir Alan Haselhurst): Before I call the right hon. Member for Richmond, Yorks (Mr. Hague) to move his amendment, may I say to the Committee that we will have a single debate on the amendments that have been selected? It is not usual for hon. Members to write in to signify a wish to speak in Committee, but a good number of colleagues have indicated such a wish to me, so I suspect that this will be a well-subscribed debate. As time limits cannot be imposed by the occupant of the Chair, I would appreciate it if right hon. and hon. Members took account of the fact that there is heavy demand today.
12.40 pm
Mr. William Hague (Richmond, Yorks) (Con): I beg to move amendment No. 293, page 4, leave out line 8 and insert—
‘(2A) Section [ Referendum] comes into force on Royal Assent.
(2B) The other provisions of this Act come into force if an affirmative answer has been given to the question asked in a referendum held in accordance with section [ Referendum] and any legal challenge made under an order made under that section has been disposed of by the court or courts in question.’.
The Chairman: With this it will be convenient to discuss the following: Amendment No. 296, page 4, leave out line 8 and insert—
‘(2A) Section [ Referendum on the Treaty of Lisbon (No. 2)] and Schedule [ Conduct of the Referendum (No. 2)] come into force on Royal Assent.
(2B) The other provisions of this Act come into force if an affirmative answer has been given to the question specified in section [ Referendum on the Treaty of Lisbon (No. 2)] in a referendum held in accordance with that section and Schedule [ Conduct of the Referendum (No. 2)] and any legal challenge made under that Schedule has been disposed of by the court or courts in question.’.
Amendment No. 297, page 4, leave out line 8 and insert—
‘(2A) Section [ Referendum on the Treaty of Lisbon (No. 3)] and Schedule [ Conduct of the Referendum No. 2] come into force on Royal Assent.
(2B) The other provisions of this Act come into force if an affirmative answer has been given to the question asked in a referendum held in accordance with section [ Referendum on the Treaty of Lisbon (No. 3)] and Schedule [ Conduct of the Referendum (No. 2)] and any legal challenge made under that Schedule has been disposed of by the court or courts in question.’.
Amendment No. 63, on page 4, line 8, leave out ‘on Royal Assent’ and add
‘only if an affirmative answer has been given to a referendum held in accordance with Schedules ( Referendum on the Treaty of Lisbon) and ( Conduct of the Referendum) (which shall have effect) and any legal challenge made under paragraph 3 of Schedule ( Referendum on the Treaty of Lisbon) has been disposed of by the court or courts in question’.
‘(1) A referendum shall be held throughout the United Kingdom and Gibraltar on the day specified by an order made by a Minister of the Crown.
(2) The question to be asked in the referendum is—
“Should the United Kingdom approve the Lisbon Treaty?”
(3) A Minister of the Crown may by order make provision in relation to the referendum which—
(a) determines the referendum period for the purposes of Part 7 of the Political Parties, Elections and Referendums Act 2000 (c. 41); and
(b) requires ballot papers to be used by voters in Wales, after having set out the question and the possible answers in English, to set them out again, with equal prominence, in Welsh.
(c) makes provision as to the conduct of the referendum, entitlement to vote in the referendum and legal challenge to the referendum result.
“A ddylai’r Deyrnas Gyfunol gymeradwyo Cyfundeb Lisbon?”
(5) Every power of a Minister of the Crown to make an order under this section shall be exercisable by statutory instrument.
(6) An order under this section may be made only if a draft of the order has been—
(a) laid before Parliament; and
(b) approved by a resolution of each House.
(7) The Secretary of State may by order made by statutory instrument bring the provisions of this Act into force provided that a majority of votes in the referendum shall have been cast in favour of approving the Lisbon Treaty.’.
New clause 18— Referendum on the Treaty of Lisbon (No. 2)—
‘(1) A Referendum shall be held, not later than six months after Royal Assent, throughout the United Kingdom and Gibraltar on the day specified by an order made by a Minister of the Crown.
(2) This question shall be asked in the referendum—
“Should the United Kingdom approve the Lisbon Treaty?”
(3) A Minister of the Crown may by order vary the wording of this question, or add a supplementary question.
(4) An order under this section may be made only if a draft of the order has been—
(a) laid before Parliament; and
(b) approved by a resolution of each House.
(5) The referendum shall be conducted in accordance with Schedule [ Conduct of the Referendum (No. 2)].’.
New clause 19— Referendum on the Treaty of Lisbon (No. 3)—
‘(1) A Referendum shall be held, not later than six months after Royal Assent, throughout the United Kingdom and Gibraltar on the day specified by an order made by a Minister of the Crown.
(2) This question shall be asked in the referendum—
“Should the United Kingdom approve the Lisbon Treaty?”
(3) The referendum shall be conducted in accordance with Schedule [ Conduct of the referendum (No. 2)].’.
New schedule 1— Referendum on the Treaty of Lisbon—
1 (1) A referendum shall be held, not later than six months after Royal Assent, throughout the United Kingdom and Gibraltar on the day specified by an order made by a Minister of the Crown.
(2) The question to be asked in the referendum is—
“Should the United Kingdom approve the Treaty of Lisbon?”
(3) A Minister of the Crown may by order make provision in relation to the referendum which—
(a) determines the referendum period for the purposes of Part 7 of the Political Parties, Elections and Referendums Act 2000 (c.41); and
(b) requires ballot papers to be used by voters in Wales, after having set out the question and the possible answers in English, to set them out again, with prominence, in Welsh.
“A ddylai’r Deyrnas Gyfunol gymeradwyo Cyfundeb Lisbon?”
(5) Every power of a Minister of the Crown to make an order under this paragraph shall be exercisable by statutory instrument.
(6) An order under this section may be made only if a draft of the order has been—
(a) laid before Parliament; and
(b) approved by a resolution of each House.
Entitlement to vote in the referendum
2 (1) Subject to subparagraph (2), a person is entitled to vote in the referendum, if on the day it is held, he has—
(a) an individual who would be entitled to vote as an elector at a parliamentary election in a constituency in the United Kingdom;
(b) a peer who would be entitled to vote as an elector at a local government election in an electoral area in Great Britain or at a local election in an electoral area in Northern Ireland;
(c) a peer who, by virtue of section 3 of the Representation of the People Act 1985 (c.50) (peers resident outside the United Kingdom), would be entitled to vote as an elector at a European Parliamentary election in an electoral region; or
(d) a Commonwealth citizen who would be entitled to vote in Gibraltar as an elector at a European Parliamentary election in the combined electoral region in which Gibraltar is comprised.
(2) A Minister of the Crown may by order made by statutory instrument make provision for the purposes of subparagraph (1) for disregarding alterations made after a specified date in a register of electors.
(3) An order under subparagraph (2) may—
(a) apply or incorporate, with or without modification, any provision of any enactment or subordinate legislation relating to elections;
(b) make different provision for different cases;
(c) make provision subject to such exemptions and exceptions as the Minister making the order thinks fit; and
(d) make such incidental, supplemental, consequential and transitional provision as that Minister thinks fit.
(4) An order under subparagraph (2) may be made only if a draft of the order has been—
(a) laid before Parliament; and
(b) approved by a resolution of each House.
(a) an electoral division or ward (or, in the case of a parish or community in which there are no wards, the parish or community) for which anelection of councillors is held in England and Wales under the Local Government Act 1972 (c.70);(b) an electoral ward for which an election of councillors is held in Scotland under the Local Government etc. (Scotland) Act 1994 (c.39); or(c) an area for which an election of members of a district council is held in Northern Ireland under section 11 of the Electoral Law Act (Northern Ireland) 1962 (c.14);
“electoral region” means an electoral region mentioned in section 1(2) of the European Parliamentary Elections Act 2002 (c.24);
“European Parliamentary election” means an election of a representative to the European Parliament.
Legal challenge to the referendum result
3 (1) No court may entertain any proceedings for questioning the number of ballot papers counted or votes cast in the referendum, as certified—
(a) by the Chief Counting Officer, or
unless the proceedings are brought in accordance with this section.
(2) The proceedings may be brought—
(a) in England and Wales, only by a claim for judicial review;
(b) in Scotland, only by a petition for judicial review;
(c) in Northern Ireland, only by an application for judicial review;
(d) in Gibraltar, only by a claim for judicial review.
(3) The court in England and Wales or Gibraltar must not give permission for a claim unless the claim form is filed before the end of the permitted period.
(4) The court in Scotland must refuse a petition unless it is lodged before the end of the permitted period.
(5) The court in Northern Ireland must refuse an application for leave to apply for judicial review unless it is lodged before the end of the permitted period.
(6) In this paragraph “the permitted period” means the period of six weeks starting with—
(a) the date on which the Chief Counting Officer or (as the case may be) the counting officer gives a certificate as to the number of ballot papers counted and votes cast in the referendum; or
(b) if he gives more than one such certificate, the date of the last to be given.’.
New schedule 2— Conduct of the Referendum—
1 (1) In this Schedule “the 2000 Act” means the Political Parties, Elections and Referendums Act 2000 (c. 41).
(2) Expressions used in this Schedule and in Part 7 of the 2000 Act have the same meanings in this Schedule as in that Part.
2 The Electoral Commission may do anything they think necessary or expedient for the purpose of encouraging voting at the referendum.
3 (1) For the purpose of encouraging voting at the referendum the Electoral Commission may, in particular, direct each counting officer to provide such impartial information as may be specified in the direction to every person who is entitled, in the referendum, to vote in the counting officer’s voting area.
(2) A direction under this paragraph may also include requirements as to the form and manner in which the information is to be sent.
(3) A direction under this paragraph may not require the inclusion of additional information in a document or part of a document the form of which is prescribed by or under any enactment.
(4) In subparagraph (1) “voting area”, in relation to a counting officer, means—
(a) in the case of a counting officer appointed for a relevant area in Great Britain, that area;
(b) in the case of the Chief Electoral Officer for Northern Ireland in his capacity as a counting officer, Northern Ireland; and
(c) in the case of a counting officer for Gibraltar, Gibraltar.
Provision of information to voters
4 (1) This paragraph applies if the Electoral Commission have not, before the appropriate day, designated an organisation under section 108 of the 2000 Act (organisations to whom assistance is available under section 110 of that Act) in relation to each possible outcome of the referendum.
(2) The Electoral Commission shall take steps to provide such impartial information for persons entitled to vote in the referendum as will promote a proper and fair understanding and awareness among those persons about the arguments for each answer to the referendum question.
(3) The Electoral Commission shall ensure that expenditure in money or money’s worth in any form by those persons responsible for promoting the arguments for each answer to the referendum question is as far as possible of equal value and shall require those persons to produce audited accounts to ensure compliance with this paragraph within the permitted period for proceedings under paragraph 3 of Schedule ( Referendum on the Treaty of Lisbon).
(4) No public expenditure nor any expenditure in money or money’s worth from the European Union or its institutions shall be provided or spent in pursuance of the referendum campaign.
(5) In this paragraph “the appropriate day” means—
(a) the day specified for the purposes of this paragraph in an order under subsection (6) of section 109 of the 2000 Act;
(b) if no such order is made and one or more applications under that section are made in relation to each possible outcome of the referendum before the 29th day of the referendum period, the 43rd day of the referendum period; and
(c) in any other case in which no such order is made, the 29th day of the referendum period.
(6) Information provided in pursuance of this paragraph must be provided by whatever means the Electoral Commission think is most likely to secure (in the most cost-effective way) that the information comes to the notice of everyone entitled to vote in the referendum.
(7) The Electoral Commission shall publish rules and guidelines for and shall monitor compliance by the broadcasting authorities regulated in the United Kingdom by Charter or statute as providers of programme services in relation to the referendum so as to ensure that the provision of those services complies with the same impartiality as is required of the Electoral Commission itself under paragraph 4(2).
5 (1) A Minister of the Crown may by order make provision for, or in connection with, the combination of polls at the referendum with those at an election or at another referendum, or both.
(2) An order under this paragraph may include provision creating criminal offences.
Payment of the charges and expenses of relevant officers by the Electoral Commission
6 (1) A Minister of the Crown may by order make provision for the payment by the Electoral Commission of any of the following—
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