Fireworks and Pyrotechnics Articles (Scotland) Bill: child rights and wellbeing impact assessment

Monitoring and review

The Scottish Government has committed to taking forward the Firework Review Group recommendations, which includes ensuring sufficient monitoring processes are put in place alongside the new measures and changes to fully understand the impact that these have, including a full review of impact to be carried out 3-5 years following implementation, subject to parliamentary agreement.

The Bill sets out that a local authority must carry out a review of the operation and effectiveness of designated Firework Control Zones to ensure that they are working as intended, remain proportionate and don’t cause an unjustifiable interference with a person’s right to peaceable enjoyment of their property. The Bill includes an obligation for local authorities to review any designated zones but also a mechanism for the local authority to act on such a review if required by amending or revoking such zones. Similar to the requirements to publish the decision taken following a consultation, the Bill sets out that, following such a review, the local authority must publish a report of the findings from the review and set out its proposals in relation to the zone going forward.

Bill Provision

Introduction of requirement for the general public and community groups to hold a licence before they are able to purchase, acquire, possess, and use F2 and F3 fireworks

Aims of measure

The aim of the licensing system is to ensure that:

• Members of the public who purchase, acquire, possess, and use fireworks have a good understanding of the essential safety elements;
• The purchase of fireworks is a well thought out and planned transaction rather than a spontaneous decision with no consideration given to safety or impact on others;
• There is a reduction in the physical and mental health harms caused by inappropriate use of fireworks.

Offences will be created (subject to any exemption) to enforce the licensing system.

Likely to impact on . . .

Children and young people who view fireworks that are not handled by professionals. E.g. as part of a family celebration or informal display in the garden.

Also those who may use fireworks in a way that would be considered antisocial behavior, or who are subject to harm caused by antisocial use of fireworks.

Compliance with UNCRC requirements

Most directly advances Articles 3, 6, 19 and 31.

Articles 12 and 24 may also be relevant.

Contribution to local duties to safeguard, support and promote child wellbeing

This provision should have a positive effect on wellbeing indicators.

It seeks to safeguard children and young people by reducing the risk of physical and mental health harms caused by the inappropriate use of fireworks.

Bill Provision

Restrictions on supply and use of fireworks and pyrotechnics: restrictions on the days F2 and F3 fireworks can be sold by retailers and used by the general public

Aims of measure

The aim of this measure is to:

• Reduce the volume of fireworks that are set off outside of traditional firework periods;
• Reduce the negative impacts of noise and disturbance, including for people with noise sensitivity and for animals;
• Enable those negatively affected by fireworks to be better able to take preventative action to mitigate such impacts.

Offences will be created (subject to any exemption) to enforce the restrictions on the supply and use of fireworks.

Likely to impact on . . .

Children and young people as spectators of firework displays not organised or handled by professionals. For example, as part of a family celebration or informal display in the garden outwith traditional firework periods.

Children and young people who get caught up in antisocial firework misuse, either as perpetrators or subjects of the harm this causes.

Compliance with UNCRC requirements

Most directly advances Articles 3, 6, 19 and 31.

Articles 12 and 24 may also be relevant.

Contribution to local duties to safeguard, support and promote child wellbeing

This provision should have a positive effect on wellbeing indicators.

Reducing the volume and negative impacts of firework use, and making the dates they are used more predictable, will reduce the risk of physical and mental health harms caused to children and young people by the inappropriate use of fireworks.

Bill Provision

Restrictions on supply and use of fireworks and pyrotechnics: prohibition on supply to children

Aims of measure

The main aim of this provision is to increase the protection of children and young people from the harms caused by inappropriate use of age-restricted fireworks and pyrotechnics by ensuring such articles cannot be accessed by them.

An offence will be created (subject to any exemption) for supplying fireworks or pyrotechnics to people under 18.

Likely to impact on . . .

All children and young people at risk of harm from inappropriate use of fireworks and pyrotechnics.

Children and young people who attend sporting and music events, and public assemblies and processions where pyrotechnic misuse might take place.

Children and young people who are currently manipulated into carrying pyrotechnic articles and fireworks for others.

Children and young people who may wish to take possession of and/or use a pyrotechnic provided to them by an adult, with the adult no longer being legally able to do so (with exceptions).

Compliance with UNCRC requirements

Most directly advances Articles 3, 6, 19.

Articles 12, 24 and 31 are also relevant.

Contribution to local duties to safeguard, support and promote child wellbeing

This provision should have a positive effect on wellbeing indicators.

It seeks to safeguard children and young people by reducing the risk of physical and mental health harms caused by the inappropriate supply of fireworks and pyrotechnics.

There is an exemption to ensure that young people can still be provided with pyrotechnic articles if (a) the manufacturer of the pyrotechnic article designed it to be used as a visual distress signal, and (b) the person intends that the person under the age of 18 will use the pyrotechnic article only in appropriate circumstances. This ensures there are no unintended consequences for the use of potentially life-saving devices.

Bill Provision

Introduction of powers for local authorities to designate ’Firework Control Zones (FCZs), where the use of F2, F3 and F4 fireworks by the general public can be restricted.

Aims of measure

The introduction of powers for local authorities to designate Firework Control Zones is intended to help tackle the unpredictable and potentially harmful use of fireworks by members of the public within a local area, where, for example, the use of fireworks is considered to be an ongoing problem for the community or to be having particularly significant negative impacts.

Offences will be created (subject to any exemption) for a breach of restrictions imposed as a result of an area being designated as a ‘firework control zone’.

Likely to impact on . . .

Children and young people who live in a designated Firework Control Zone, as spectators of firework displays not organised or handled by professionals. For example, as part of a family celebration or informal display in the garden outwith traditional firework periods.

Children and young people who get caught up in antisocial firework misuse, either as perpetrators or subjects, of the harm this causes.

Compliance with UNCRC requirements

Most directly advances Articles 3, 6, 19 and 31.

Articles 12 and 24 are also relevant.

Contribution to local duties to safeguard, support and promote child wellbeing

This provision should have a positive effect on wellbeing indicators.

It provides the means for local authorities to take targeted action to safeguard children and young people where there is particular risk of physical and mental health harms caused by the inappropriate use of fireworks.

Bill Provision

The creation of an offence for a person, without reasonable excuse, to possess a pyrotechnic article while travelling to, in the immediate vicinity of, or attending a designated venue or event, or public procession, or public assembly.

Aims of measure

The intended aim of this provision is to ensure a preventative and interventionist approach can be taken where needed to tackle pyrotechnic misuse before harm is caused to the young person themselves, or to others, by the misuse of pyrotechnics and fireworks. When offending is done by children and young people, Police Scotland take a flexible approach, looking to prevent future offending or antisocial behaviour by providing timely and proportionate interventions, and alerting other agencies to concerns about the child or young person's behaviour and well-being.

Likely to impact on . . .

All children and young people.

Children and young people in attendance at or travelling to designated events where the possession of a pyrotechnic, including fireworks, will be prohibited,

Children and young people carrying pyrotechnics, including fireworks, into sport and music events, and to public assemblies and gatherings.

Compliance with UNCRC requirements

Most directly advances Articles 3, 6, 19, 31 and 40.

Contribution to local duties to safeguard, support and promote child wellbeing

This provision should have a positive effect on wellbeing indicators.

It provides the means for Police Scotland to take a proactive approach to the misuse of pyrotechnics, including fireworks, at certain events and places, thereby safeguarding children and young people at risk of the harm this can cause.

When offending is done by children and young people, Police Scotland take a flexible approach, looking to prevent future offending or antisocial behaviour by providing timely and proportionate interventions, and alerting other agencies to concerns about the child or young person's behaviour and well-being

Bill Provision

Powers to search individuals and their vehicles for fireworks and pyrotechnic articles without warrant in relation to the offences created in the Bill.

This provision aligns Police powers to existing fireworks legislation and with other parts of the UK.

It is an essential power for the effective enforcement of the proposed offences, to help prevent and detect the offences and keep the public safe.

Aims of measure

Children and young people involved with antisocial firework and pyrotechnic misuse, either as perpetrators or subjects of the harm this causes.

Children and young people in attendance or travelling to designated events where the possession of a pyrotechnic, including fireworks, will be prohibited, and who may be subject to stop and search proceedings, or who is accompanying someone who may be.

Compliance with UNCRC requirements

Most directly advances Articles 3, 6, 19, 31 and 40.

Contribution to local duties to safeguard, support and promote child wellbeing

This provision should have a positive effect on wellbeing indicators.

It seeks to safeguard children and young people by deterring and detecting offences and thereby reducing the risk of physical and mental health harms caused by the inappropriate use of fireworks and pyrotechnics.

It enables children and young people to attend events without fear for their safety.

There are safeguards in place in relation to stop and search activity. All activity must be appropriate – that is, lawful, necessary and proportionate, with a Stop and Search Code of Practice followed.

Where that activity involves children and young people, the code outlines the practice that must be followed to safeguard the human rights and wellbeing of the children and young people involved.