Criminal Justice Committee

Meeting date: Wednesday, September 20, 2023

Official Report 562KB pdf

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Fireworks and Pyrotechnic Articles (Scotland) Act 2022

The final item in public session is consideration of a letter from the Minister for Victims and Community Safety on the issue of misuse of pyrotechnic devices at football matches and other events. Members will recall that we wrote to ask the minister whether the police can prevent someone who is detained after being found with such a device from simply going into the ground after they are released after a search. We also asked whether football banning orders can be used.

The minister replied on both points, and her letter is set out in paper 4. I am pleased that we raised the matter, because we highlighted an issue that the Scottish Government has indicated it is now considering how to resolve.

I ask members to comment and say whether they agree with my suggestion that we now give the Scottish Government a bit of time to come back to us with a response and any plans in that regard.

Maybe this is clear, but I do not know whether we know and, more important, whether the public know, what the timeline is for implementation of the legislation, which was brought in quite quickly on the basis of needing to address the issue of proxy purchasing of fireworks for under-18s. The expected timelines for implementation of firework control zones, licensing and so on have already been put back.

I think that there was a suggestion in the letter from the minister that it is still the Government’s intention to implement a key part of the legislation this year—I think that it was the provision on firework control zones—but it seems to be pretty unlikely that that is going to happen, given that we do not know what different authorities are doing and how that looks. Are we up to speed on a timeline? Forgive me if we are, and I do not know that.

Your question is about the broader issue of implementation of the legislation; we know that there have been challenges in and delays to the timescales. I understand that the minister is aware that we maintain an interest in that and has undertaken to keep the committee informed—specifically about the issues that you have raised, of firework control zones and the licensing scheme. I know that members are very interested in those matters but, for today, I am interested in ensuring that members are content with the response that we have received on the specific points that we raised in connection with football banning orders and the actions of an individual on release from being detained by police after being found to be in possession of a pyrotechnic device.

I am quite keen to maintain that focus, but I absolutely understand the points that Russell Findlay has made, which are, I think, reflected around the room.

Reading the letter takes me back to an issue that the committee raised previously, which was that the legislation felt really rushed. The relationship between football banning orders and the legislation should have been clear. Far be it from me to say it, but surely the role of lawyers and Government officials when they are drafting legislation is to match it up with all other legislation. There is an obvious relationship in this case, and we are asking the question with hindsight, and the minister is having to answer that question.

Although the minister is correct to say that it is a matter for the courts, it is for the Parliament to determine what it wants when it legislates. I would have thought that, to a party and to a person, what we wanted was to give maximum powers to arrest people for use of pyrotechnic devices at football matches, which is extremely disruptive. We are now trying to fix the issue with hindsight. It probably should have been drawn to the committee’s attention that the legislation might have a relationship with a pre-existing act. It would not have occurred to me.

I cannot speak on behalf of the Government in relation to the preparation process for the bill, but I absolutely acknowledge your point. I am pleased that we have now highlighted the issue and that some work is under way on it.

My question follows on from Pauline’s. What would the penalty be for repeated convictions for possession of pyrotechnic articles? Section 4(2) of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 states that

“A person who commits an offence”—

who is found with fireworks in their possession but does not have a licence—

“is liable ... to imprisonment for a term not exceeding 6 months”.

I wonder whether the penalty would be the same, but we have the presumption against sentences of less than 12 months, so is that relevant?

I cannot answer that off the top of my head.

I know—it is just a question to ask.

We can look at that. I cannot answer off the top of my head, but I am happy to take that away as an action point.

If there are no further questions, are members content that we give the Government a wee bit of time to come back to us?

Members indicated agreement.

That concludes our business in public. Next week, we will begin our stage 1 evidence taking on the Victims, Witnesses and Justice Reform (Scotland) Bill, and we will hear from the Cabinet Secretary for Justice and Home Affairs.

11:33 Meeting continued in private until 12:09.