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

Stage 2: Data and evidence gathering, involvement and consultation

• The public consultation held in 2019 was a key step in gathering evidence on a range of opinions and perspectives on the use of fireworks and covered organised displays, individual private use and inappropriate use. A full analysis of responses to the consultation was published in 2019; and the consultation was supported by a programme of analytical work to enable the outcomes of the consultation to be considered alongside other forms of evidence (listed below).
• A summary report of the key messages from the 24 public consultation events held across Scotland in: Aberdeen, Ayr, Dumfries and Galloway, Dundee, Edinburgh, Elgin, Inverness, Glasgow, Paisley, Perth, Stirling and Stornoway; along with an additional five events for specific population groups.
• A nationally representative opinion poll of people's views on increasing control over the sale and use of fireworks was carried out in 2019, 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 was undertaken.
• An analytical report on Fireworks Regulations – Impact: Case Studies looking at the evidence available internationally on the effectiveness - or otherwise - of tighter measures in place in other countries.
• The Firework Review Group Final Report setting out recommendations to Scottish Ministers on tightening legislation on fireworks in Scotland.
• An Evaluation of Firework-related harm in Scotland, published in October 2020, which includes an evaluation of data relating to firework injuries in the Greater Glasgow and Clyde (GGC) NHS Health Board area covering 2008-2019.
• A public consultation held in 2021 on the proposed measures to be included within the Bill. The consultation was supported by 12 online workshop engagement events. Eight of these events were open to anyone who wished to attend and four were for specific groups, namely: the community in Pollokshields; specialist firework retailers; sight loss organisations; and Trading Standards. A full analysis of responses to the consultation was published in December 2021.

Fireworks Consultation 2019 – Engagement with Equality Groups

Five events for specific population groups were held as part of the 2019 consultation including one for the South Asian community in Pollokshields and four for young people, one each through: Young Scot; Scottish Fire and Rescue Service Youth Fireskills Programme; Citadel Youth Centre; and 6UT Youth Centre.

Race and Religion or Belief

The engagement event with the South Asian community in Pollokshields was attended by 13 women. For a number of women English was not their first language and two of the women who attended provided translation. This discussion led to a request for a copy of the fireworks consultation document in Urdu, which was provided to enable engagement through local Mosques.

Additionally, officials contacted CEMVO Scotland and BEMIS to discuss sharing the consultation and events information with their networks. Contacts in CEMVO spoke with officials and detailed that the Sikh community may want to engage with the consultation due to celebratory events involving fireworks. We contacted members of the Glasgow Gurdwara who shared information regarding the consultation and events in Glasgow. CEMVO also circulated information on the consultation through their networks.

Age

As part of the 2019 consultation process, we focused on youth engagement and engaged with the following stakeholders:

• YoungScot
• Scottish Youth Parliament
• Scottish Children's Parliament
• Education Scotland
• Scottish Fire and Rescue Service
• Law Society of Scotland

YoungScot and Scottish Youth Parliament (SYP) representatives promoted the fireworks consultation on their website and social media platforms.

Focus Groups

Two focus groups were held to specifically engage with young people in May 2019. These events provided the opportunity for young people to explore and discuss the use and impact – both positive and negative – of fireworks in Scotland:

• YoungScot facilitated a focus group with 9 young people aged between 17 and 24 years to discuss the consultation and gain their views on fireworks.
• Scottish Fire and Rescue Service Fireskills programme's focus group discussed the Fireworks consultation. The group was made up of 7 young people aged between 14 and 15 years.

Officials engaged with the Careers and Outreach Coordinator at the Law Society of Scotland, as part of their remit to coordinate outreach programmes, who circulated the 2019 consultation nationwide with schools. This also included those attending Street Law Debating and careers events. The consultation details were also sent to contacts at Developing the Young Workforce and also the law students at Street Law.

Fireworks and Pyrotechnics Consultation 2021 – Engagement with Equality Groups

The 2021 consultation included an online event specifically for the sight loss community. This event was hosted virtually by Guide Dog Scotland and was attended by representatives from the organisation, a representative from Sight Scotland and a number of guide dog owners and campaigners.

The consultation was also promoted to younger age groups via YoungScot, the Scottish Youth Parliament and together Scotland.

In relation to the proposed days of supply and use of fireworks, engagement was undertaken with the following groups to ensure adequate provision was included for religious holidays or events that are traditionally celebrated with fireworks:

• Muslim Council of Britain
• Sikhs in Scotland
• Hindi Forum.

Fireworks and Pyrotechnics Consultation 2021 – Draft EQIA

The 2021 consultation presented draft versions of the Business and Regulatory Impact Assessment (BRIA) and Equality Impact Assessment (EQIA) and invited comments or evidence related to these assessments in respect of both fireworks and pyrotechnics separately.

Fireworks

Around 135 respondents offered comments in relation to the draft EQIA, with the majority of comments being that the EQIA appeared to cover the required issues, that it was comprehensive or that the respondent supported it. Other comments offered that the use of fireworks is not at all an equalities issue and / or that the safety and well-being of everyone is most important.

Respondents opposed to the proposals offered comments that suggested the proposals were discriminatory against people who use fireworks and in particular who use fireworks in a safe and responsible manner. There were comments that the proposed legislation must take account of customs based on religion or culture and seek to accommodate these customs.

Comments on the EQIA also highlighted a risk of income inequality, where the ability to pay for professional firework services or a fireworks licence would be a barrier for those unable to afford either.

Pyrotechnics

Around 90 respondents offered comments in relation to the draft EQIA, mostly raising or continuing themes already captured in the consultation questions. While there were several comments that felt the draft EQIA was fair there were also views that the proposed powers could be used in a discriminatory way, in particular against people from ethnic minority communities and young people.

Stage 2: Data and evidence gathering, involvement and consultation

Include here the results of your evidence gathering (including framing exercise), including qualitative and quantitative data and the source of that information, whether national statistics, surveys or consultations with relevant equality groups.

Characteristic[5]	Evidence gathered and strength/quality of evidence	Source	Data gaps identified and action taken
Age	Data relating to firework injuries in the Greater Glasgow and Clyde (GGC) NHS Health Board area covering 2008-2019 shows that young people (aged 0-17 years) were disproportionately affected by injuries, with this age group experiencing 51% of injuries while only accounting for 19% of the population during this time[6]. Studies also find that young people, often defined as those under 18 or aged 5-20 years, sustain most fireworks related injuries. Both bystanders and operators are at risk of injury, with young people and males consistently found to be most at risk.	Fireworks legislation and impacts: international evidence review. Evaluation of Firework-Related Harm in Scotland	A gap in key data has been identified regarding accurate NHS data on attendance at A&E and Minor Injury Units in relation to firework related injuries. Work is ongoing with NHS and Public Health Scotland to address this and adequately monitor and track injury levels on a regular basis.
	Exposure to loud, impulsive noise poses a greater risk to human health than exposure to loud, continuous noise. Young people, under 18 years, may be particularly at risk, as the maximum peak sound level limit is set 5 dB lower for this group.	Fireworks legislation and impacts: international evidence review.
	A little under half (45%) of young people (18-24 year olds) indicated they are in favour of more controls being introduced in relation to the sale of fireworks. Younger respondents (18-24 year olds) are most likely to say they would not welcome greater controls over the sale of fireworks (40% vs 14-21% for other age groups). Younger respondents are also most likely to say that there shouldn't be greater controls over the use of fireworks: 38% vs. 22%-25% for other age groups.	Nationally representative opinion poll
		The nationally representative opinion poll identified that older people are less likely to oppose further restrictions on the use and sale of fireworks in Scotland, compared to younger people.	Nationally representative opinion poll
Disability	The 2019 consultation highlighted the impact that hearing fireworks, particularly when unexpected, can have on people, particularly more vulnerable members of society, including: people suffering from PTSD, with frequent reference to those who have served in the armed forces; refugees and asylum seekers, and especially those who have lived in war zones; older people; people with dementia; people with mental health problems and suffering from anxiety; people with sensory issues; people with autism especially children with autism. During the 2021 consultation the online event with those impacted by or working in sight loss heard of the distress that can be experienced by those with sight loss and on guide dogs during firework use. Similarly, engagement with the British Veterinary Association and the Scottish Society for the Prevention of Cruelty to Animals highlighted the negative impact that can be experienced by domestic pets and livestock.	Consultation analysis Report A child with autism attended one of the 2019 consultation events to provide their views. 2021 consultation engagement event with sight loss community.
	The empirical evidence demonstrates that the noise from fireworks causes upset to those with life-long hypersensitivity conditions such as autism, or acquired such as PTSD According to Scottish Government research (2018), more than 1 in 100 people in Scotland are autistic. A common symptom of Autism is extreme noise sensitivity, which can lead children to develop avoidance reactions, such as leaving noisy places to find quieter ones. This may lead them to miss out on social opportunities at festivals that involve loud fireworks. Additionally, the noise from fireworks may induce panic in children with autism, leading them to leave their home, get lost, or even suffer a serious accident[7].	Evaluation of Firework-Related Harm in Scotland Fireworks legislation and impacts: international evidence review
Sex	Data relating to firework injuries in the Greater Glasgow and Clyde (GGC) NHS Health Board area covering 2008-2019 shows that males were disproportionately affected by injuries in comparison to females, with 200 of the 251 injuries (80%) being sustained by males, whilst accounting for 48% of the population during this time[8].	Fireworks legislation and impacts: international evidence review	A gap in key data has been identified regarding accurate NHS data on attendance at A&E and Minor Injury Units in relation to firework related injuries, including disaggregation by sex. Work is ongoing with NHS and Public Health Scotland to address this and adequately monitor and track injury levels on a regular basis.
	Studies from America, Australia and international reviews find that males are most likely to suffer fireworks related injuries with the largest difference between genders amongst young people.	Fireworks legislation and impacts: international evidence review
	Some sub-groups in the population are more likely than others to welcome an increase in control over the sale of fireworks. This includes: women compared with men (79% vs. 63%) Women are also more likely than men to say that there should be more control on how fireworks can be used (75% vs. 59%).	Nationally representative opinion poll
Pregnancy and Maternity	Exposure to loud, impulsive noise poses a greater risk to human health than exposure to loud, continuous noise. Pregnant women may be particularly at risk, as the maximum peak sound level limit is set 5 dB lower for this group.	Fireworks legislation and impacts: international evidence review
Gender Reassignment	No information is available on the gender reassignment status of people likely to be affected by fireworks policy.
Sexual Orientation	No information is available on the sexual orientation status of people likely to be affected by fireworks policy.
Race	Use of fireworks by the Chinese community to celebrate their new year has been accommodated within the proposals
Religion Or Belief	The 2019 consultation highlighted that, as well as Bonfire Night, fireworks can play an important part of cultural celebrations including Diwali, Chinese New year and Hogmanay. The 2021 consultation further highlighted that fireworks can play an important part of cultural celebrations for the Sikh festival of Vaisakhi and dates supporting this have been added to the proposals	Consultation analysis report Consultation analysis report
Marriage and Civil Partnership (the Scottish Government does not require assessment against this protected characteristic unless the policy or practice relates to work, for example HR policies and practices - refer to Definitions of Protected Characteristics document for details)	N/A