Fireworks and Pyrotechnics Articles (Scotland) Bill: equality impact assessment

Screening

Policy Aims

Fireworks

Following high profile incidents during bonfire night in 2017, and again in 2018, the Scottish Government undertook work to look at the position of fireworks in Scotland. This included: a review of police and fire service activity linked to fireworks and bonfire night by Her Majesty's Inspectorate of Constabulary in Scotland and Her Majesty's Fire Service Inspectorate in Scotland; and a programme of public consultation, stakeholder engagement and evidence gathering on the sale and use of fireworks in Scotland to identify what action was required going forward.

A 'consultation on fireworks in Scotland: Your experiences, your ideas, your views' launched on Sunday 3 February 2019 for a period of 14 weeks to its close on Monday 13 May 2019 and was designed to start a conversation with the people of Scotland on how fireworks are sold and used. The consultation was an important step in gathering valuable evidence on a range of opinions and perspectives and covered organised displays, private use by individuals, and inappropriate use.

Over the consultation period 29 engagement events were held – 24 open public events, and five events for specific population groups including young people. A total of 16,420 responses were received from members of the public and stakeholder organisations. The consultation responses were independently analysed and the analysis report was published in October 2019.

A representative omnibus survey "Public attitudes towards fireworks in Scotland" was undertaken in May 2019 with a total sample of 1,002 responses. The results of this survey were published online in October 2019.

In October 2019 the Minister for Community Safety published the Fireworks Action Plan which set out how the Scottish Government would address the concerns expressed through the national consultation. The Action Plan supports the Scottish Government National Outcome of We live in communities that are inclusive, empowered, resilient and safe and sets out a range of outcomes for fireworks to support this including:

• Organised displays provide the opportunity to bring communities together.
• Fireworks are used safely and handled with care.
• Fireworks do not cause harm, distress or serious injury.

The Action Plan sets out activities that have been taken forward immediately, as well as longer term actions that will collectively support a change in how fireworks are used in Scotland.

The independent Firework Review Group^[1] was tasked with considering the options available to tighten legislation on fireworks in Scotland. The Group considered the evidence available and made a series of recommendations to Scottish Ministers in November 2020 (report available online) and reached a majority consensus that a fundamental shift is required in how fireworks are used and accessed in Scotland through the introduction of a comprehensive set of measures, including:

• The introduction of mandatory conditions before consumers are able to purchase fireworks.
• Restricting the times of day fireworks can be sold.
• Restricting the volume of fireworks that can be purchased.
• Restricting the days and times fireworks can be set off.
• A provision for no fireworks areas to be introduced where it is not permitted for fireworks to be set off, with local communities having a key role in influencing this.
• The introduction of a proxy purchasing offence criminalising the supply of fireworks to people under the age of 18.

A number of these recommendations have been progressed through The Fireworks (Scotland) Miscellaneous Amendments Regulations 2021 made by the Scottish Ministers in February 2021. These regulations amend the Fireworks (Scotland) Regulations 2004, and the changes implemented by these regulations include three new measures in relation to the way the general public can use and access fireworks as follows:

• Restrict the times of day fireworks can be used by the general public to between 6pm and 11pm, with the exception of 5 November (when they can be used from 6pm until midnight), New Year's Eve, the night of Chinese New Year and the night of Diwali (when they can be used from 6pm until 1am);
• Restrict the times of day fireworks can be supplied to the general public to during the daytime hours between 7am and 6pm, alongside existing requirements on retailers around sale and storage licences;
• Limit the quantity of fireworks that can be supplied to the general public to 5kg at any one time.

In addition to this, over recent years, the misuse of pyrotechnics^[2], including fireworks, at events in Scotland has become more prevalent. There is evidence of pyrotechnics having been set off in crowded locations with subsequent risk of serious injury or death. This has included incidents at concerts and music festivals, at sporting events, and during public gatherings and protests. In 2018, Police Scotland approached the Scottish Government with significant concerns about the dangers of pyrotechnic misuse and highlighted the work they had been undertaking in relation to it. This included identifying any improvements that might be made around the recording of pyrotechnic incidents, as well as establishing the need for further powers or other legislative change. Police Scotland had identified the need for further work to:

• Establish if legislative change was desirable/possible and how that might best be achieved.
• Implement joint safety messaging by all stakeholders in relation to pyrotechnics.
• Improve recording of incidents involving possession/use of pyrotechnics.

Following engagement with Police Scotland, in May 2019 the Scottish Government hosted a series of stakeholder discussions on the misuse of pyrotechnics to further identify actions that could be taken to tackle the issue and to gather more evidence. Discussions involved representatives from Police Scotland, Scottish Police Federation, British Transport Police, Crown Office and Procurator Fiscal Service and the Scottish Government.

The final stakeholder discussion concluded that a dedicated stop and search power for pyrotechnics, not limited exclusively to persons entering or attempting to enter qualifying events, was required.

The Minister for Community Safety publicly expressed Scottish Government support for joint actions to tackle the risk, welcoming a recent Police Scotland and Scottish Fire and Rescue Service campaign on this issue ('No Place for Pyro') in January 2020 and reiterated that keeping people safe is a priority for the Scottish Government and partner agencies. In September 2020, and in light of stakeholder discussions, the Scottish Government made the decision to consult more widely on the creation of a new offence relating to possession of a pyrotechnic article, and the extension of current police powers to allow a stop and search power for this offence, and this was included alongside the proposed fireworks measures in the recent consultation.

Fireworks and Pyrotechnic Articles (Scotland) Bill

A Year 1 Fireworks and Pyrotechnics Bill was announced in this year's Programme for Government to progress the remaining recommendations from the Firework Review Group which require primary legislation, and to address the misuse of pyrotechnics.

The Scottish Government undertook a further 8 week consultation from 20 June to 15 August 2021 seeking views on how, and if, the remaining recommendations from the Firework Review Group are implemented. The consultation also sought views on the misuse of pyrotechnic articles, particularly in relation to proposed provisions to be included within the Bill. The principal policy objectives of the proposed Bill are to protect public and community safety and wellbeing by ensuring fireworks and pyrotechnics do not cause harm, distress or serious injury, and the provisions included within the Bill are intended to support a cultural shift in how fireworks and pyrotechnics are used in Scotland. This will be achieved by altering how the general public can access and use fireworks and pyrotechnics, by making provisions for new restrictions to apply to their purchase, acquisition, possession and use, with new criminal offences to apply where these restrictions are not complied with. It is not intended that the measures included within the Bill will apply to professional firework operators, as well as - for a number of the measures - organisers of public firework displays, therefore enabling organised displays to continue to take place.

A total of 1,739 responses were received and, of these, 64 were submitted by groups or organisations including key stakeholders. Twelve online workshop events were also held – 8 open to anyone who wished to attend and 4 for specific groups namely: the community in Pollokshields; specialist firework retailers; sight loss organisations; and Trading Standards.

The Fireworks and Pyrotechnic Articles (Scotland) Bill has been informed by the consultation responses, and by the wider programme of engagement, consultation and evidence gathering as described above, and seeks to alter how the general public can access and use fireworks and pyrotechnics, by making provisions for new restrictions to apply to their purchase, acquisition, possession and use, with new criminal offences to apply where these restrictions are not complied with. The Bill is in 7 parts as follows:

• Part 1: Key concepts, including the meaning of fireworks and pyrotechnic articles and categories.
• Part 2: Fireworks licensing, which includes a mandatory training course for applicants to ensure that individuals who will have the ability to purchase, acquire, possess and use fireworks in Scotland are aware of how to do so in an appropriate, safe and responsible manner.
• Part 3: Restrictions on supply and use of fireworks and pyrotechnic articles including: prohibition on supply to children; days of use and supply of fireworks; and compensation for specialist firework businesses affected by restricted days of supply of fireworks.
• Part 4: Firework control zones.
• Part 5: Pyrotechnic articles at certain places or events.
• Part 6: Exemptions and enforcement.
• Part 7: General provisions, including interpretation, regulations, ancillary provision, Crown application and commencement.

This EQIA takes into account comments received during the most recent consultation exercise.

Who will it affect?

The Policy will affect:

General Public: this policy aims to reduce the negative impact that fireworks and pyrotechnics can have and promote their appropriate use; and has the potential to affect how the general public use and experience fireworks and pyrotechnics. It proposes to change the way the general public use and buy fireworks by amending when they can be supplied, the need to comply with mandatory conditions before purchase and their use by restricting the days the general public can set them off and locations they can be used.

The policy seeks to introduce a new proxy purchase and supply offence for any individual who buys, attempts to buy, gives or otherwise makes available, a firework or pyrotechnic article to a child or young person under the age of 18. The policy also proposes to introduce a criminal offence for a person to possess a pyrotechnic, including fireworks, at or in the vicinity of, designated events and venues (which could include an event at a designated sports ground or a music concert/festival) and at a public gathering/assembly or procession. It will also be an offence to possess a pyrotechnic article, including a firework, when travelling to a qualifying event.

Communities: for some communities fireworks are associated with celebration and important events that can bring friends, families and communities together. However, through the 2019 public consultation, we heard distressing accounts from some communities of the impact fireworks can have. This theme was also reflected in the 2021 consultation, with the majority of those who responded agreeing to changes on how fireworks are used in Scotland across the policy proposals.

Fireworks misuse is more prominent in deprived communities and urban areas; and incidents attended by the Scottish Fire and Rescue Service over the traditional November fireworks period are more concentrated within deprived areas. There is also a clear link between deprivation and firework injury. The Bill seeks to introduce a fundamental shift in the relationship Scotland has with fireworks, following on from legislative changes implemented in June 2021; and it is intended that the combination of policies will enable the safe and appropriate use of fireworks in communities across Scotland. This will include making the use of fireworks more predictable by specifying the days on which fireworks can be supplied and used; and enabling local authorities to designate areas as firework control zones, where it is not permitted for fireworks to be set off by the general public. This policy will ensure local communities have a key role in influencing the private use of fireworks in their area, offering the potential for targeted localised approaches based on the specific circumstances within different areas. This includes the use of fireworks within set distances of specific locations such as animal shelters, livestock or hospitals to protect those who may be adversely impacted by the noise and disturbance of fireworks.

The proposed policy will affect the ability of community groups to put on local displays where professional firework organisers or operators are not involved in the organisation and running of the display, as they will now have to comply with mandatory conditions before purchasing fireworks, along with the general public. This is to ensure that the safe and appropriate use of fireworks is carefully considered when holding a fireworks display without the presence of a professional.

The policy will not affect the purchasing of pyrotechnic articles, or their use by professional operators. The policy will also not impact the legitimate use of pyrotechnic articles such as safety flares used by those, for example, going out to sea or hillwalking. Additionally, the policy will not impact on the use of other more common articles, such as air bags in cars. We recognise that such articles save lives and we do not wish to inhibit the appropriate use of these articles in any way.

Fireworks and Pyrotechnic Retailers: the proposed policy will directly affect fireworks retailers who will need to implement the new measures relating to the days fireworks can be sold to the general public in Scotland along with ensuring the general public and community groups are licensed before supplying them with fireworks. The proposed policy should not have any impact on the legitimate sale of pyrotechnic articles; as noted above, we are not seeking to inhibit this in any way.

Local Authorities: the proposed policy will affect Local Authority Trading Standards who have responsibility for ensuring retailers adhere to legislation on the storage and sale of fireworks and will therefore need to update and amend existing processes to take account of the requirement for retailers to adhere to permitted days of sale and to supply to licensed individuals. Responses from the 2021 consultation indicated strongest support for the Scottish Government to maintain and administer the proposed fireworks licensing scheme and this is being adopted, thus Local Authorities will not be required to operate a firework licensing system. The proposed policy will also give Local Authorities the power to designate areas within their local authority area where it is not permitted for the general public to set off fireworks ("Fireworks Control Zones") which will require clear and robust processes for implementation and management. The policy on pyrotechnics will not have an impact on local authorities as the enforcement of the offence created will be carried out by Police Scotland.

Police Scotland: The proposed policy will affect Police Scotland who have responsibility for enforcement where an offence may have been committed, including when fireworks are used outside of permitted days, within any area that is designated as a Firework Control Zone, and when someone is in possession of a pyrotechnic article in contravention of the new offence. Police Scotland will have responsibility for enforcing the offences created via the fireworks licensing system, the offence of possessing a pyrotechnic article, including fireworks, when at, in the vicinity of, or travelling to a designated event or venue and the prohibition on providing fireworks or pyrotechnic articles to those under 18, which will criminalise those buying for, attempting to buy for, giving, or otherwise making available fireworks or pyrotechnics to people under the age of 18 without lawful reason. Additionally, a stop and search power has been included for a police officer if they have reasonable grounds for suspecting that a person has committed or is committing one of the proposed offences, which aligns with powers in existing legislation.

What might prevent the desired outcomes being achieved?

• Introducing a robust licensing system will incur financial and resource costs associated with developing, operating, managing and maintaining the system. Consideration has been given to how the proposed system could be run and administered and cost analysis has been undertaken to inform this.
• Non-compliance or lack of understanding of new legislation by retailers will be addressed by enforcing bodies for the legislation, including Local Authority Trading Standards and Police Scotland. The Scottish Government will communicate any changes through engagement with stakeholders, including retailers and relevant Scottish Government Policy contacts. This will also be addressed through a communications campaign with retailers building on awareness raising campaigns from previous years.
• Non-compliance or lack of understanding of new legislation by the public will be addressed by enforcing bodies for the legislation, including Local Authority Trading Standards and Police Scotland. The Scottish Government will utilise existing annual fireworks awareness raising and communication campaigns that take place ahead of Bonfire night to communicate any changes, as well as engaging with partners and communities that use fireworks to celebrate other dates and events of cultural significance, such as New Year, Chinese New Year and Diwali.
• Despite the high level of danger involved in using a pyrotechnic article, there are still people who believe that setting off such articles at music and sporting events is acceptable. Non-compliance would see individuals carrying a pyrotechnic article to a designated event without reasonable excuse or lawful authority or individuals refusing to submit to a search by a police officer when the officer has stopped them on the reasonable suspicion that an offence has been, or is being, committed. The proposed legislation is fundamentally a preventative approach and it is hoped that any continued misuse of pyrotechnics can be addressed through existing channels of communication and awareness raising, including utilising social media, to highlight the dangers involved in using these articles, as well as the consequences of non-compliance, such as charges brought and cases prosecuted, to deter others.
• Non-compliance or lack of understanding of the new offence of being in possession of a pyrotechnic article at certain events or places will be addressed by the Scottish Government working with Police Scotland and other key stakeholders, using media messaging and all necessary channels of communication. Refusal to be searched in relation to this offence will be dealt with by Police Scotland in the same way as any other refusal to comply with such a request from the police.