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

Stage 1: Framing

Results of framing exercise

The proposed measures included in the 2021 consultation were informed by a programme of consultation, engagement and evidence gathering which included:

• An Internal Reference Group on fireworks with key Scottish Government policy areas including Consumer Protection, Animal Welfare, Antisocial Behaviour, Environmental Quality, Police Communications, Fire and Rescue, Emergency Workers, Public Events Licensing, Veterans, Older People and Autism, to coincide with the 2019 national 'consultation on fireworks in Scotland: Your experiences, your ideas, your views' which met five times throughout 2019.
• An External Review Group on fireworks with key stakeholders including Police Scotland, Scottish Fire and Rescue Service, Scottish Ambulance Service, Edinburgh City Council, Scottish Community Safety Network, CoSLA, Trading Standards, and the Scottish SPCA, to coincide with the 2019 consultation which met five times throughout 2019.
• A range of meetings with Scottish Government policy leads including on Veterans, Autism and Older People to discuss the 2019 consultation and specific groups likely to be impacted.
• A Ministerial Roundtable on 7 November 2019 with stakeholders including Local Authorities, Police Scotland, Scottish SPCA, Fireworks industry, NHS and the Scottish Fire and Rescue Service to discuss the results of the 2019 consultation and next steps.
• Two focus groups with young people to hear their views in March 2019.
• Regular meetings with Scottish Government Justice Analytical Services to discuss the impact of fireworks, including collecting relevant data throughout the 2019 consultation, implementing the Action Plan and providing evidence to the Firework Review Group.
• Regular meetings with Justice Analytical Services to discuss monitoring the effectiveness of the Fireworks Action Plan, and to understand and track the impact of the amendments to the Fireworks (Scotland) Regulations 2004 through the Fireworks (Scotland) Miscellaneous Amendments Regulations 2021.
• The Firework Review Group - an independent Review Group of key stakeholders - met eight times between November 2019 and October 2020 to consider the legislative and regulatory options for change that emerged from the 2019 consultation, scrutinise the evidence available and, alongside their professional judgement and expertise, set out clear recommendations on the changes required to current legislation and regulations.
• A Scottish Government-led group looking at the illegal use of pyrotechnics to identify possible actions to tackle the issues identified based on gathered evidence. The Group included representatives from Police Scotland, Scottish Police Federation, British Transport Police, Crown Office and Procurator Fiscal Service and Scottish Government (Scottish Government Legal Directorate and the Safer Communities, Police and Active Scotland Divisions).
• Stakeholder engagement to inform the fireworks provisions in the consultation, including: Police Scotland; Scottish Community Safety Network; Trading Standards; CoSLA; Society of Local Authority Lawyers and Administrators in Scotland; and the Scottish Fire and Rescue Service. Engagement with internal policy leads also took place including: Veterans; Autism; Consumer Protection; Ambulance/Emergency Services; Animal Welfare; Community Safety; and Community empowerment/Local Government.

From these discussions and engagement on fireworks and pyrotechnics, it was concluded that individuals with the following protected characteristics could be affected by the new measures and therefore should be included within the EQIA:

• Disability
• Age
• Pregnancy and maternity
• Sex
• Religion or Belief.

Conclusions

Considering the needs of people with protected characteristics, for both the fireworks and pyrotechnics proposals, we looked at the evidence gathered from: the framing exercise, analysis of the consultation, public meetings, a nationally representative opinion poll^[3], and the review of existing evidence^[4]. On the basis of the evidence available there does not appear to be an impact on protected characteristics including gender reassignment and sexual orientation.

For other protected characteristics, we consider that for:

Disability: There are potential benefits for people who have mental health conditions and/or Neurodivergent conditions which make them more sensitive to loud noises and sudden flashes. This includes, for example, people suffering from post-traumatic stress disorder (PTSD). People with autism can also be sensitive to the noise and disturbance from fireworks use. There are also potential benefits in tackling the misuse of pyrotechnics for those with mobility and/or respiratory difficulties: the emission of toxic substances in an enclosed space, through the misuse of smoke bombs, for example, could have more serious consequences for those individuals.

Age: There are potential benefits for young people who are more likely to be harmed and/or cause harm through misuse of fireworks and pyrotechnics. This is specifically prevalent in the introduction of a proxy purchasing offence which will criminalise the supply of fireworks and (without just cause) pyrotechnics to people under the age of 18. Reducing the misuse of pyrotechnics in public spaces will have a particular benefit to older people who may find it difficult to quickly move away from the dangerous fumes emitted by some of these articles.

Similarly there is potential for greater control over the misuse of pyrotechnics to have a positive impact on both young people, who may be more likely to be harmed when these articles are set off within the audiences at concerts and festivals, and older people, who may be more negatively impacted by noise disturbance and smoke emissions from the misuse of pyrotechnics.

Pregnancy and maternity: There are potential benefits to pregnant women who may be more sensitive to loud bangs during their pregnancy.

Sex: There are potential benefits for young men, who are more likely to be harmed and/or to cause harm through firework misuse. Requiring applicants to successfully complete a fireworks training course is a core element of the licensing system with the purpose of ensuring 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. Similarly, it is believed that most pyrotechnic misuse is caused by young men who put themselves in danger when using these articles. The offence allows earlier intervention to tackle the misuse of pyrotechnics before the article is set off, thus reducing the risk of serious harm to the young men handling the article, and those who would otherwise be in the vicinity of where it would be set off. It also acts as a deterrent, dissuading anyone from carrying pyrotechnics with the intent of misuse and sends a clear signal as to what behaviour is criminal so that this can be avoided.

Race and Religion or Belief: The consultation document highlighted celebrations and festivals which may be associated with firework use, including Diwali and Chinese New Year. Neither the 2019 consultation nor the accompanying evidence review identified any potential impacts with regards to religious belief characteristics. This remained the case in the 2021 survey and the Scottish Government has engaged with communities and organisations that use fireworks to celebrate events of cultural and religious significance to understand the impact new measures have on these events. Following engagement, the Sikh festival of Vaisakhi has been added to the permitted days of sale and use.

Extent/Level of EQIA required

Evidence on the impact of the new measures on the protected characteristics was gathered and considered from: the framing exercise, analysis of the 2019 consultation, public meetings, the nationally representative opinion poll, analysis of the 2021 consultation, and the review of existing evidence. Consideration was also given to the findings from the Stop and Search code of practice: twelve month review by independent advisory group which covered concerns about the use of police stop and search with regards to individuals with protected characteristics.

On that basis we do not believe that there is sufficient evidence or requirement for an in depth EQIA as the impact on protected groups will be equal and/or positive.