Fireworks and Pyrotechnics Articles (Scotland) Bill: business and regulatory impact assessment

5. Consultation

2019 Fireworks Consultation

5.1 Fireworks policy has been developed following a significant programme of consultation and engagement with key stakeholders. This includes the 2019 public consultation, which was an important step in gathering evidence on the range of opinions and perspectives in relation to fireworks and sought views on: the sale of fireworks to the general public; how people use and enjoy fireworks; the impact of fireworks on people, communities and animals; and ideas on what action could be taken to ensure fireworks continue to be enjoyed safely and responsibly. An independent analysis of the consultation responses was carried out to identify the main issues and themes raised by participants across all ways of taking part in the consultation, and this was published in October 2019.

5.2 The consultation and engagement was supported by a programme of analytical work to ensure the outcomes of the consultation were considered alongside other forms of evidence. This included a nationally representative opinion poll (with a sample of 1,002 responses) to ensure findings were available that represented the views of the wider public. The report from this was published alongside the consultation analysis in October 2019.

5.3 The consultation identified a broad sense that fireworks can be good for people and communities when they are used at the right time, in the right place and used responsibly. There was little appetite to ban properly organised public displays and recognition that they can bring communities together and have positive community benefits. The consultation and representative opinion poll, however, highlighted strong public desire for tighter controls to be introduced on the sale and use of fireworks in Scotland; and a similar theme emerged from the Firework Review Group whose recommendations centred on the sale and use of fireworks by the general public, as opposed to organised firework displays.

5.4 Both the consultation and omnibus survey demonstrated a strong desire for greater control on the sale and use of fireworks in Scotland:

• Almost all of those who responded to the consultation (94%) said they would welcome increased controls on the sale of fireworks; while a majority of adults in Scotland (71%) felt there should be more controls over the sale of fireworks.
• A strong majority of those who responded to the consultation (92%) felt there should be more control on how they can be used; while a majority of adults in Scotland (68%) felt there should be more control on how fireworks can be used.
• Over three-quarters of those who responded to the consultation (87%) said they would welcome a ban on the sale of fireworks; while over half of adults in Scotland (58%) supported a ban.

5.5 Additional evidence was considered through: an evidence review on the impact of fireworks in the context of international legislation and regulations which included a summary of current fireworks legislation and regulations internationally, and a review of the available evidence on the impact of fireworks relating to social and environmental factors; and case studies of the evidence internationally to draw evidence on the effectiveness – or otherwise – of similar measures in place.

5.6 Throughout this period, the Scottish Government continued to engage with a range of stakeholders including emergency services, enforcement agencies, local authorities, animal welfare organisations, community safety representatives, the National Health Service, the fireworks industry, the Department for Business, Energy and Industrial Strategy (UK Government), the Health and Safety Executive and the Welsh Government.

5.7 A full list of those who responded to the 2019 consultation and who agreed to the release of this information is attached to the consultation report published on the Scottish Government website and includes Police Scotland, the Convention of Scottish Local Authorities (COSLA), the Scottish Community Safety Network, the Scottish SPCA, the British Veterinary Association, the Scottish Burned Children Club, the British Fireworks Association and a number of local authorities and community councils.

2021 Fireworks and Pyrotechnic Articles Consultation

5.8 A second public consultation ran from 20 June to 15 August 2021 seeking views on proposals to be included within the Bill to deliver on the remaining recommendations of the Review Group. Some policy proposals within the consultation varied from the Review Group recommendations. This included:

• Expanding the proposal for mandatory conditions before fireworks can be purchased to cover purchase, possession and use in order to bolster the connection between the measure and the objective of safe use; and
• Introducing restrictions on the days fireworks can be supplied to the general public to broadly coincide with the changes to when they can be used to avoid any confusion which may arise if products can be supplied but not used during much of the year.

5.9 In preparing the 2021 consultation, the Scottish Government considered responses received to the 2019 consultation, engagement with stakeholders, the deliberations and recommendations from the independent Firework Review Group and the evidence gathered as part of this process. In preparing the consultation the Scottish Government also liaised with:

Within Scottish Government:

• Justice Analytical Services
• Police Division
• Public Service Reform and Community Planning
• Community Empowerment
• Criminal Law, Practice and Licensing
• Local Government Policy
• Animal Welfare
• Environmental Quality
• Fire and Rescue Unit
• Consumer Legislation
• Veterans and Armed Forces Unit
• Community Safety Unit
• Urgent Care Policy
• Active Scotland.

Enforcement Agencies:

• Police Scotland
• The Society of Chief Officers for Trading Standards in Scotland (SCOTSS)
• Scottish Fire and Rescue Service
• Health and Safety Executive.

Local Authorities and Representative Bodies:

• The Convention of Scottish Local Authorities (COSLA)
• Scottish Community Safety Network
• Society of Local Authority Lawyers and Administrators in Scotland.

5.10 An independent, rigorous and systematic analysis of the consultation responses was commissioned to identify the main issues and themes raised by participants across all ways of taking part in the consultation, and this was published in December 2021. Results of the consultation show majority support among respondents for each of the measures included, although not all measures were supported equally:

• The majority (84%) of respondents agreed that a firework licensing system should be introduced in Scotland.
• A strong (85%) majority felt that the firework licensing system should cover the possession and use of fireworks, as well as their purchase.
• Most respondents supported proposed restrictions on the days that fireworks can used by the general public (67%) and sold to the general public (64%).
• The majority of respondents (83%) agreed with the introduction of no-firework areas, or Firework Control Zones.
• The vast majority (92%) agreed with the introduction of a 'proxy purchasing' offence in relation to fireworks to criminalise the supply of fireworks to people under the age of 18.

5.11 Most responses (1,680) were submitted by individual members of the public, while 64 responses were submitted by groups or organisations including the emergency services, local authorities, fireworks industry representative bodies, firework retailer or events companies, community councils and animal welfare groups.

Engagement on pyrotechnic articles

5.12 Initial engagement with key stakeholders in relation to possible pyrotechnic legislation began in 2019, and has been outlined in paragraphs 1.7 and 1.8, with representatives from:

Enforcement Agencies:

• Police Scotland
• Scottish Police Federation
• British Transport Police
• Crown Office and Procurator Fiscal Service.

Within Scottish Government:

• Community Safety Unit
• Police Division
• Active Scotland Division.

5.13 Pyrotechnic articles were also included in the public consultation which ran from 20 June to 15 August 2021, seeking views on proposals to be included within the Bill.

5.14 Analysis of consultation responses confirms strong overall support for measures to tackle pyrotechnic article misuse, although at different levels and with some mixed views among stakeholder groups.

• 76% of respondents had concerns about pyrotechnic articles being misused.
• 77% agreed with the introduction of a new offence for being in possession of a pyrotechnic article in a public place without reasonable excuse or lawful authority.
• 70% agreed that police stop and search powers should be extended to allow the police to stop and search where there is reasonable suspicion that an individual is in possession of a pyrotechnic article in a public place without a reasonable excuse.
• 65% thought that police stop and search powers should be wide enough to allow the police to stop and search a vehicle where there is reasonable suspicion that there are pyrotechnic articles contained without a reasonable excuse.

5.15 While the specific offence consulted on was for being in possession of a pyrotechnic article in a public place without reasonable excuse or lawful authority, rather than the provision included in the Bill as drafted – in possession of a pyrotechnic article at, in the vicinity of, or travelling to, a designated event or venue (music concert/festival, sporting ground) or a public assembly or procession – the Scottish Government believes that the strong support for the introduction of an offence to appropriately tackle misuse where it takes place is clearly demonstrated, and that any concerns expressed during consultation about unintended consequences or the proportionality of the legislation will be addressed by the offence as drafted.

5.16 The proxy purchase provision as it relates to pyrotechnics was not consulted on in the Scottish Government consultation paper, as it was a provision developed from subsequent policy development. However, there is widespread support for a proxy purchase offence in relation to fireworks (92% of respondents), and the Scottish Government believes there will be similar support on the general principles of this measure. The provision as drafted ensures exemptions in relation to legitimate possession of pyrotechnics for under-18 year olds.