Use and sale of fireworks, and tackling the misuse of pyrotechnics: consultation
We are seeking your views on changes to how fireworks can be sold and used in Scotland and the use of pyrotechnic devices.
Annex C Draft Equality Impact Assessment Record
| Title of policy/ practice/ strategy/ legislation etc. | Promoting the Safe and Considerate Use of Fireworks in Scotland – Primary Legislation Tackling the Misuse of Pyrotechnics – Primary Legislation | |
|---|---|---|
| Minister | Minister for Community Safety | |
| Lead official | Eilidh Smith | |
| Officials involved in the EQIA | Name | Team |
| Eilidh Smith Lorraine Gormley Elinor Findlay Nova Brown Dave Bell Natalie Stewart | Building Safer Communities Community Safety Unit SGLD | |
| Directorate: Division: Team | Directorate for Safer Communities / Safer Communities Division / Building Safer Communities team | |
| Is this new policy or revision to an existing policy? | New Policy | |
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 for 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 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.
In October 2019 the Minister for Community Safety published the Fireworks Action Plan which sets 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; and can be split into two parts: the Fireworks Review Group; and the non-legislative actions that sit alongside it.
The independent Fireworks Review Group 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 possible 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.
The recommendations require both secondary and primary legislation in order to be implemented. A number of these recommendations have been progressed through The Fireworks (Scotland) Miscellaneous Amendments Regulations 2021, made by the Scottish Ministers in February 2021 and due to come into effect on 30 June 2021. These regulations amend the Fireworks (Scotland) Regulations 2004.
A Bill is now being considered to progress the remaining recommendations from the Group; and the proposed introduction of four measures which are the focus of this EQIA:
1. Requiring the general public and community groups to meet a number of mandatory conditions before they are able to purchase fireworks.
2. Restricting the days fireworks can be set off by the general public and, in addition to the Firework Review Group's recommendations, we are also proposing to restrict the days fireworks can be sold to the general public in Scotland by retailers.
3. Introducing no fireworks areas where it is not possible for the general public to set fireworks off.
4. Introduction of a proxy purchasing offence to criminalise the supply of fireworks to people under the age of 18.
Any references to fireworks in this EQIA are in relation to category F2 and F3 fireworks[14]. The Scottish Government is consulting on these proposed changes and the consultation responses will help to inform each measure. The purpose of the proposed measures is to change how fireworks are sold and used in Scotland with the aim of protecting public and community safety and wellbeingby ensuring fireworks do not cause harm, distress or injury. In particular, to:
- Reduce the volume of fireworks being set off, and their associated noise and disturbance.
- Reduce the volume of fireworks being set off outwith organised firework displays to reduce the burden on emergency services and firework related injury.
- Enable those negatively affected by fireworks to be aware of when fireworks will be set off and take preventative measures.
Tackling misuse of pyrotechnic devices
A new offence in relation to carrying a pyrotechnic device in a public place without reasonable excuse or lawful authority, and for police powers to be extended to allow a stop and search provision for anyone reasonably suspected of committing the offence is being proposed.
Reports of the misuse of pyrotechnics (flares and smoke bombs) at events in Scotland and in the community had become more widespread and there is evidence of them having been set off at large gatherings such as concerts, music festivals, football matches and in street celebrations. These devices pose a safety issue for the individuals setting them off as well as anyone who may come into contact with them including for example stewards, marshals, venue staff, spectators or audience members, passers-by and police who may need to intervene when pyrotechnics are being set off or while they are omitting dense smoke. There have been incidents where individuals, including children, have been injured by someone else activating a pyrotechnic, and individuals injuring themselves whilst activating a pyrotechnic.
The introduction of the proposed new offence and extension of the stop and search police powers will help to tackle the rising misuse of pyrotechnics and protect both individuals and communities from serious harm. The Scottish Government is therefore keen to obtain views through a public consultation on this issue.
This is a draft EQIA and will be updated taking into account comments received during the 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. In relation to pyrotechnics it proposes to create a new offence for a person to carry a pyrotechnic device in a public place without reasonable excuse or lawful authority, and for police powers to be extended to allow a stop and search provision for anyone reasonably suspected of committing the offence.
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[15], we also heard distressing accounts from some communities of the impact fireworks can have. This policy aims to contribute towards reducing the negative impact fireworks can have on communities by reducing the volume of ad hoc private displays. In addition, fireworks misuse is more prominent in deprived communities and urban areas and this policy will help reduce the opportunity for fireworks to be purchased when firework related incidents are at their highest. The introduction of no-fireworks areas where it is not possible for fireworks to be set off by the general public 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 in response to anti-social behaviour and the misuse of fireworks; as well as 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 devices which are used by professionals at operated pyrotechnic displays which observe safety regulations such as music concerts and theatre shows.
Fireworks 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 adhere to mandatory conditions before purchasing fireworks.
Local Authorities: the proposed policy will affect Local Authority Trading Standards who have responsibility for ensuring retailers adhere to legislation on storage and sale of fireworks and will therefore need to update and amend existing processes. Local Authorities may also be required to operate a firework licensing system that is being considered as part of the consultation, which would require the general public to obtain a fireworks license to purchase and use fireworks at permitted times of the year. The proposed policy will also give Local Authorities the power to introduce localities within their local authority area where it is not possible for the general public to set off fireworks, which will require a clear and robust process for implementation.
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 out with permitted dates. Police Scotland will have responsibility to enforce the days fireworks can be set off and where they are set off along with the new proxy purchasing offence which will criminalise the supply of fireworks to people under the age of 18. Additionally, the stop and search power for pyrotechnics is specifically to empower police to be able to intervene when someone is carrying such a device without a legitimate reason.
What might prevent the desired outcomes being achieved?
- Introducing a robust licencing system would require financial and resource costs associated with developing, operating, managing and maintaining the system. Consideration is being given to how the proposed system could be run and administered and a cost analysis will be undertaken on the options included within the consultation. However, it is anticipated that the fee charged to obtain a licence will make the ongoing system cost neutral.
- 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 would communicate any changes through engagement with stakeholders, including retailers and relevant Scottish Government Policy contacts. This could 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 could be addressed by enforcing bodies for the legislation, including Local Authority Trading Standards and Police Scotland. The Scottish Government could 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 device, there are still people who believe that setting off such devices at music and sporting events is acceptable. Non-compliance would be persons carrying a pyrotechnic device in a public place without reasonable excuse or lawful authority or by individuals refusing to submit to a stop and search by a police officer when the police have reasonable suspicion that an offence is being committed.
- Non-compliance or lack of understanding of the new offence could be addressed by the Scottish Government working with Police Scotland and other stakeholders, possibly through media messaging. Refusal to be searched would be dealt with in the same way as any other refusal to comply with such a request from the police.
Stage 1: Framing
Results of framing exercise
The proposed measures included in the 2021 consultation have been informed by a programme of consultation and engagement which has 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 Unit, Emergency Workers, Public Events Licencing, 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 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 SFRS 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 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 Fireworks Review Group.
- Regular meetings with Justice Analytical Services to discuss implementing and 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 Fireworks Review Group - an independent Review Group of key stakeholders[16] - met eight times between November 2019 and October 2020 to consider the legislative and regulatory options for change that emerged from 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.
- Stakeholder engagement to inform this consultation, including external stakeholders: 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.
In developing the pyrotechnics policy, officials had discussions with stakeholders to identify possible actions that could be taken to tackle the issue of increased pyrotechnic misuse and gather evidence to determine where there are gaps in the current legislation. These discussions, which were hosted by the Scottish Government included representatives from Police Scotland, Scottish Police Federation, British Transport Police, Crown Office Procurator Fiscal Service and Scottish 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 the fireworks proposals we looked at the evidence gathered from: the framing exercise, analysis of the consultation, public meetings, a nationally representative opinion poll[17] and the review of existing evidence. On the basis of the evidence[18] available that there does not appear to be an impact on protected characteristics including gender reassignment, race, and sexual orientation.
For other protected characteristics, we consider that for:
Disability: There are potential benefits for people who have mental health conditions which make them more sensitive to loud noises and sudden flashes. This includes, for example, people on the autistic spectrum or people suffering from post-traumatic stress disorder (PTSD).
Age: There are potential benefits for improved fireworks restrictions and safety relevant to young people who are more likely to be harmed and/or cause harm through fireworks misuse. This is specifically prevalent in the introduction of a proxy purchasing offence which will criminalise the supply of fireworks to people under the age of 18. Improved restrictions could also benefit older people, who may be negatively impacted by noise disturbance due to fireworks. However, if the introduction of an online test is included as part of the mandatory conditions before purchase this could negatively impact older people who may not have internet access. However, local libraries offer internet access to all members of the community and like many services that are now digital, support can be provided to facilitate those who cannot access a digital service. Reducing the misuse of pyrotechnics in public spaces will have a particular benefit on older people who may find it difficult to quickly move away from the dangerous fumes caused by these devices.
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 devices are set off within the audiences at concerts and festivals, and older people, who may be negatively impacted by noise disturbance and smoke emissions from the misuse of pyrotechnics. A stop and search power will assist the police in ensuring that these devices can be taken off anyone who does not have good cause for having such a device on their person.
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 improved firework restrictions and safety for young men, who are more likely to be harmed and/or to cause harm through firework misuse. Similarly, it is believed that most pyrotechnic misuse is caused by young men who put themselves in danger when using these devices.
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, omnibus survey or the accompanying evidence review identified any potential impacts with regards to religious belief characteristics. The Scottish Government will engage 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.
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 polland 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.
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 pollof 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 evidencethat 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 Fireworks 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.
Fireworks Consultation – Engagement with Equality Groups
The 2019 'consultation on fireworks in Scotland: Your experiences, your ideas, your views' ran for a period of 14 weeks, from 3 February closing on 13 May 2019. Over the consultation period, 29 engagements were held with a total of 258 people attending.
Twenty four of these were open public events and five events for specific population groups, including one for the South Asian community in Pollokshields and four for young people, one each through: Young Scot; SFRS 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
- SFRS
- Law Society
YoungScot and MSYP 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 use 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.
- SFRS Fireskills programmes focus group discussing 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 student Street Law trainers who attend a number of different universities throughout Scotland.
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[19] | Evidence gathered and Strength/quality of evidence | Source | Data gaps identified and action taken |
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| Age |
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Fireworks legislation and impacts: international evidence review. |
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| Disability |
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| Sex |
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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. |
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| Pregnancy And Maternity |
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| Gender Reassignment |
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| Sexual Orientation |
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| Race |
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| Religion Or Belief |
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| 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) |
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Stage 3: Assessing the impacts and identifying opportunities to promote equality
| Age | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination, harassment and victimisation | X | The introduction of the proposed measures is likely to have a positive impact on young people, particularly young men, who are more likely to be harmed through the inappropriate use of fireworks and pyrotechnics. The introduction of a new offence for being in possession of a pyrotechnic without reasonable excuse or lawful authority and a police stop and search power is likely to have a positive impact on people of any age who are equally as likely to be harmed through the misuse of pyrotechnic devices either by themselves or others. | ||
| Advancing equality of opportunity | X | The proposed measures are not expected to impact on this characteristic. | ||
| Promoting good relations among and between different age groups | X | The proposed measures are not expected to impact on this characteristic. |
| Disability | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination, harassment and victimisation | X | The introduction of the proposed measures is likely to have a positive impact on those whose health and development means that they are more sensitive to loud bangs and flashes. This includes autistic people or people suffering from PTSD as there should be a reduction in the use of fireworks, including the misuse of fireworks and pyrotechnics and therefore a reduction in the noise associated with fireworks and pyrotechnics. | ||
| Advancing equality of opportunity | X | The proposed measures are not expected to impact on this characteristic. | ||
| Promoting good relations among and between disabled and non-disabled people | X | The proposed measures are not expected to impact on this characteristic. |
| Sex | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination | X | The introductions of the proposed measures is likely to have a positive impact on men, who are more likely to be harmed through the inappropriate use of fireworks as a result of improved fireworks regulations. The introduction of a new offence for being in possession of a pyrotechnic without reasonable excuse or lawful authority and a police stop and search power is likely to have a positive impact on both men and women who are equally as likely to be harmed through the misuse of pyrotechnics either by themselves or others. | ||
| Advancing equality of opportunity | X | The proposed measures are not expected to impact on this characteristic. | ||
| Promoting good relations between men and women | X | The proposed measures are not expected to impact on this characteristic. |
| Pregnancy and Maternity | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination | X | The introductions of the proposed measures is likely to have a positive impact and benefit to pregnant women as they may be more sensitive to loud bangs, flashes, as there should be a reduction in the use of fireworks, including the misuse of fireworks and pyrotechnics and therefore a reduction in the noise associated with fireworks and pyrotechnics. | ||
| Advancing equality of opportunity | X | The proposed measures are not expected to impact on this characteristic. | ||
| Promoting good relations | X | The proposed measures are not expected to impact on this characteristic. |
| Gender reassignment | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination | X | The proposed measures are not expected to impact on this characteristic. | ||
| Advancing equality of opportunity | X | The proposed measures are not expected to impact on this characteristic. | ||
| Promoting good relations | X | The proposed measures are not expected to impact on this characteristic.. |
| Sexual orientation | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination | X | The proposed measures are not expected to impact on this characteristic. | ||
| Advancing equality of opportunity | X | The proposed measures are not expected to impact on this characteristic. | ||
| Promoting good relations | X | The proposed measures are not expected to impact on this characteristic. |
| Race | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination | X | The proposed measures are not expected to impact on this characteristic. | ||
| Advancing equality of opportunity | X | The proposed measures are not expected to impact on this characteristic. | ||
| Promoting good race relations | X | The proposed measures are not expected to impact on this characteristic. |
| Religion or belief | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination | X | The proposed measures are expected to have a neutral impact on this characteristic. It is recognised that fireworks are used in a variety of cultural celebrations, however the proposed measures will not disproportionately impact on the use of fireworks at those celebrations. | ||
| Advancing equality of opportunity | X | The proposed measures are not expected to impact on this characteristic. | ||
| Promoting good relations | X | The proposed measures are not expected to impact on this characteristic. |
| Marriage and Civil Partnership[21] | Positive | Negative | None | Reasons for your decision |
|---|---|---|---|---|
| Eliminating unlawful discrimination | X | The proposed measures are not expected to impact on this characteristic. |
Stage 4: Decision making and monitoring
Identifying and establishing any required mitigating action
If, following the impact analysis, you think you have identified any unlawful discrimination – direct or indirect - you must consider and set out what action will be undertaken to mitigate the negative impact. You will need to consult your legal team in SGLD at this point if you have not already done so.
| Have positive or negative impacts been identified for any of the equality groups? | Yes. Positive impacts have been identified for age, disability, pregnancy and maternity and sex characteristics. |
|---|---|
| Is the policy directly or indirectly discriminatory under the Equality Act 2010?[22] | No |
| If the policy is indirectly discriminatory, how is it justified under the relevant legislation? | No |
| If not justified, what mitigating action will be undertaken? | No |
Describing how Equality Impact analysis has shaped the policy making process
The EQIA process has helped to strengthen our commitment to reduce the negative impact of firework use and to ensure that fireworks are used safely and appropriately. We focused on evidence and analysis from the consulation and related analytical work which found that groups most likely to be positively affected from safer use of fireworks include:
- Autistic people and people suffering from PTSD who are more sensitive to loud bangs and flashes
- Pregnant women who are more sensitive to loud bangs during their pregnacy.
- Young people who are more likely to be harmed, or to cause harm by fireworks.
- Men who are more likely to be harmed, or to cause harm by fireworks.
The final EQIA will be published alongside any legislation that is introduced into the Scottish Parliament in relation to the policy proposals described above.
Monitoring and Review
This is a draft EQIA and will be updated taking into account comments received during the consultation exercise.
Contact
Email: fireworks@gov.scot
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