Firework Review Group: report to the Scottish Government

Appraisal of Options

A core element of our approach was ensuring we had a comprehensive and rounded picture of fireworks in Scotland, drawing on all of the evidence and information available. We were keen to build on the evidence that had already been gathered, including:

• The analysis of responses to the 2019 public consultation.
• The nationally representative opinion poll of people's views on increasing control over the sale and use of fireworks, providing findings that are representative of adults across Scotland.
• A rapid review of the existing evidence that considers the impact of fireworks in the context of international legislation and regulations, including evidence relating to injury, pollution, noise and animal welfare.

The public consultation and nationally representative opinion poll provided us with a very clear indication of the public expectation in relation to future change – outlined in Figure Two - and we worked hard to ensure this premise remained central to our considerations. We challenged ourselves throughout the process to consider whether the direction we were moving towards reflected the expectations of the people of Scotland.

Figure Two: Public Consultation Headline Findings

The consultation, which had 16,420 responses, demonstrates strong support for a change in how fireworks are sold and used in Scotland:

• Almost all of those who responded to the consultation (94%) said they would welcome increased controls on the sale of fireworks.
• Over three-quarters of those who responded to the consultation (87%) said they would welcome a ban on the sale of fireworks.
• Most of those who responded to the consultation (92%) felt there should be more control on how they can be used.

This message is backed up by findings from a nationally representative opinion poll (with a total sample of 1,002 responses) that provides findings representative of people across Scotland:

• A majority of adults in Scotland (71%) feel there should be more controls over the sale of fireworks.
• Over half of adults in Scotland (58%) would support a ban on the sale of fireworks.
• A majority of adults in Scotland (68%) feel there should be more control on how fireworks can be used in Scotland.

It is clear that the evidence available does not point to one obvious solution or action that will improve the range of issues identified through the public consultation, and to meet the outcomes identified in the subsequent Fireworks Action Plan. However, considered alongside professional judgement and the range of expertise within the Group, it has been possible for the Group to reach consensus on the range of measures that should be introduced that reflect the multiple drivers for change.

Drawing on the experiences of all members of the Group, and on the evidence available, we assessed the long list of potential options for change identifying the pros and cons and assigning a high level score to each. This enabled us to identify which of these options were emerging as preferred. During this process, we also identified that further work was needed to consider the approaches that are in place internationally to, where possible, identifying the actual benefits and drawbacks experienced by other countries with similar measures in place. In particular, we were keen to fully understand the experiences of the Republic of Ireland and Northern Ireland which were often raised as comparative examples to Scotland during our discussions.

We therefore commissioned the development of seven international case studies, and the full report from this is available online. This analysis confirmed to us that the evidence available on the implementation and impact of fireworks regulations is imperfect and incomplete. However, these case studies very helpfully move us beyond a reliance on only anecdotal evidence. And when considered alongside the evidence described above and professional judgements of Group members, provide us with a sound basis on which to ground our recommendations.

We consideredrestricting the use of fireworks on private property and the possibility of introducing a notification system before fireworks can be used. We could see value in both of these options and their potential to improve the noise and disturbance of fireworks and impact on the emergency services and animal welfare. However, being mindful of the role fireworks currently play for many people who enjoy fireworks safely and sensibly, many members of the Group felt restricting fireworks on private property was too drastic a measure to take without exhausting all other options first. While we would be, in principle, in support of a notification system for fireworks, questions were raised around the costs to set up and administer this. An appropriate notification body with sufficient powers and resources to manage and enforce the system would be required. For both of these options, we were not able to identify any international examples of similar approaches, and both of these options were therefore discounted from further consideration.

We discussed the potential to introduce of a set of mandatory conditions before the general public are able to purchase fireworks from retailers, and broadly agreed that this has the potential to positively impact on both the safe and appropriate use of fireworks going forward. The international case studies highlighted the experiences in Northern Ireland where the introduction of a licencing system in 2002 was followed by marked reduction in the number of people sustaining injuries caused by fireworks. It is therefore recommended that mandatory conditions are introduced before consumer fireworks are purchased from retailers (recommendation two). We recommend that this involves those who wish to buy fireworks being required to meet a set of conditions before they are able to purchase, including the successful completion of an online safety training course, the payment of a fee, and providing details of where and when fireworks purchased will be used.

We considered whether there would be benefit in restricting the times fireworks can be sold as well as the volume of fireworks that can be purchasedat any one time/transaction. We discussed similar processes that are already in place for other products and, given fireworks are potentially dangerous, felt it is reasonable that there should be limits on when they can be purchased and the volume that can be bought. The international case studies were helpful in highlighting evidence from Australia (Northern Territory) and New Zealand of a reduction in firework related injuries and incidents attended by Fire and Emergency Services with the introduction of a reduced sales window. On balance we recommend that restrictions are introduced on the times fireworks can be sold and volume of fireworks that can be purchased at any one time and that full consideration is given to how this will impact different people and groups (recommendation three).We recommend that this involves restricting the time of day fireworks can be purchased to be – at the very least - in line with when they can be used. We also recommend limiting the volume of fireworks that can be purchased to a set amount below the current 50kg. The changes seen in Australia and New Zealand were introduced as part of a package of measures and there appears to be potential challenges around sustaining this over the longer term. As a Group we are mindful that it will not be one single measure that leads us to an improvement and sustained change, but through the combination of measures we are recommending working together alongside other actions to promote the safe and appropriate use of fireworks. We discuss this in more detail in Section 6.

Building on the experiences we heard from the emergency services, we discussed the potential to restrict the days and times when fireworks can be set off. We recognised that this has the potential to ease the burden on the emergency services and reducing the noise and disturbance that fireworks can cause. It would also allow those responsible for animals to have that advanced notice of when to expect fireworks to be going off and therefore enable them to put the right safeguarding measures in place. We were mindful in our discussions of the potential implications of limiting the use of fireworks too drastically and risk that this could lead to an unmanageable volume being set off in a short period of time. The international case studies highlighted evidence from Finland where there was marked decline in the number of bystanders and firework users sustaining fireworks-related eye injuries following the enactment of a set measures in 2010 which included time restrictions on when fireworks can be used on New Year's Eve. Similarly, the number of people sustaining fireworks-related injuries has been consistently lower in the Netherlands following the 2015 reduction in the usage period on 31 December from 16 hours to 8 hours, with the decline most pronounced amongst bystanders. It is therefore recommended that restrictions are introduced on the days and time when fireworks can be set off (recommendation four). There are currently no restrictions on the days fireworks can be used, and during most the year they can be used between 7am and 11pm. On 5 November, fireworks can be used until midnight, and on the nights of Chinese New Year, Diwali and New Year's Eve fireworks can be used until 1am. We recommend that these restrictions focus on the private use of consumer fireworks and include reducing the days fireworks can be used to a smaller window, potentially to coincide with these traditional selling periods.

Being mindful of the issues that some communities experience over the bonfire period, we discussed the introduction of areas or zones where fireworks cannot to be used. We recognised this as offering significant potential for a targeted approach to be adopted based on the characteristics of different areas, focussing on those areas where fireworks are not appropriate while allowing other areas to continue to use them. However, we also discussed the potential for this to displace any potential problems from one area to another, and anecdotal evidence from the Dutch Police suggests that introduction of firework free zones resulted in a shift in hot spots for firework use. The international case studies highlighted examples in Berlin and Munich where authorities have reflected positively on the introduction of firework free zones for New Year's Eve, notwithstanding the additional resources required to enforce them; and the zones are to remain in force going forward. It is therefore recommended that "no firework" areas or zones are introduced (recommendation five) where it is not permitted for fireworks to be set off, ideally by providing local authorities with the power to introduce community level no firework areas/zones. While we recognise further consideration will be required in terms of how this will work in practice and in relation to monitoring and enforcement, we recommend this is informed by a local community consultation process where there are clear systems in place for communities to have a say in where these firework free zones should be.

The final option that we considered was the introduction of a 'proxy purchasing' offence in relation to fireworks to criminalise the supply of adult fireworks to young people under the age of 18^[15]. There was general consensus that there was value in making the existing legislation clearer on adults giving or supplying fireworks to those under the age of 18. A recurring theme in our discussions was the misuse of fireworks and impact this can have on individuals and communities and it is recommended that a proxy purchasing offence is introduced criminalising the supply of adult fireworks to people under the age of 18 (recommendation six).

The international case studies also included the experiences of the Republic of Ireland and many Australian states where there has been a complete ban on the public sale of consumer fireworks for a number of years although there is not enough evidence to say definitively what impact this has had. While there is some data that points to a potential reduction in firework related injury and offences, concerns have been raised around the availability of fireworks on the internet and in relation to a fireworks black market being created. While we were not asked specifically to consider the potential of a complete ban on the consumer use of fireworks in Scotland, we have discussed this during our deliberations. We have reached a broad consensus that there is not sufficient evidence to proceed on this basis, given associated concerns with the potential unintended consequences that could result from an outright ban on sale.

Given the challenges identified in the case studies with establishing the effects of these measures over the longer term, and the lack of sufficient data in many cases, we recommend that sufficient monitoring processes are put in place to coincide with any future changes to legislation in Scotland to fully understand the impact of these recommendations (recommendation seven).