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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 12 May 2025
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Displaying 1673 contributions

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Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 1 June 2022

Russell Findlay

I agree with Jamie Greene in respect of the dates. It seems that the only direction that the number of dates is going to go in is upwards when people from other cultures, religions or causes that use fireworks seek to have their dates included. I am not entirely sure what the mechanism for that will be, whether it will be straightforward, whether it will involve going to court or whether the Government will be sympathetic to applicants. An obvious example is 4 July. Americans living in Scotland celebrate 4 July with fireworks, as they do in their homeland. Under the bill as it stands, they would be prohibited from doing so. I dare say that, if I went through a calendar, I could find dates that are relevant to all sorts of other groups, some of which Jamie Greene has already identified.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 1 June 2022

Russell Findlay

I apologise if I have missed this. If a group was to seek to add to the permitted days of purchase and use, what is the mechanism for that? Is it going to court, or is there some kind of application process that the group could go through with the Government?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 1 June 2022

Russell Findlay

I am asking partly out of curiosity but also to get confirmation that there is a pre-existing definition.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 1 June 2022

Russell Findlay

Indeed.

Going back to the number of days, it might surprise people who are watching to hear that, right now, people can let off fireworks 365 days of the year. That is correct, is it not? The bill seeks to prohibit that but, in so doing, it potentially creates the problem of the exclusion of other groups. We have the additional phenomenon of people using fireworks to mark big occasions such as weddings and birthdays.

Going back to a point that was made earlier, I note that limiting sales will mean that there is a risk of stockpiling. If people realise that their date of intended use does not fall within the 57 days and there is no clear or sympathetic mechanism to have it included—or if that is a non-starter because the event is, for example, a wedding—we might find that people tend to stockpile. They could get a licence, buy fireworks and hold on to them for the date in question.

The issue requires clarification, so I agree with Jamie Greene’s amendments.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 1 June 2022

Russell Findlay

A difficulty is the lack of detailed information, not only about arrests and prosecutions but about disposals, which are the ultimate test of how seriously the offences are currently taken. The one example cited in the research by the British Fireworks Association was that the maximum fine that they could find out about was of £150 for a 19-year-old in East Lothian who threw fireworks at two police officers. Without knowing the full circumstances of the case, that certainly seems slightly less than one might have expected.

Therefore, I think that adding an aggregator to the bill would focus the mind of the judiciary. Jamie Greene or the minister might be able to correct me, but I assume that if that was what an individual was charged with, the aggravator would be built in, so would be in front of the sheriff at the time of disposal and might therefore serve as a greater deterrent. In general, we have not seen evidence that the laws are being applied as strongly as they could be for the deterrent purpose.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 1 June 2022

Russell Findlay

Will the member take an intervention?

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 1 June 2022

Russell Findlay

This might be something that the minister can clarify. It is not necessarily about having sympathy for the supermarkets and big suppliers; the issue is more the companies that supply those suppliers, which might well be family businesses that will see a significant downturn in business in Scotland due to what is proposed.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 1 June 2022

Russell Findlay

I am curious as to whether you have any indication of the likely size of such zones.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 1 June 2022

Russell Findlay

Will the minister give way?

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 1 June 2022

Russell Findlay

I do not doubt the sincerity of Rona Mackay or Fulton MacGregor, but I think that the amendment is important and should be included. It could be argued that the existing legislation addresses attacks on emergency workers, but passing flagship firework and pyrotechnic legislation gives us the opportunity to include a specific aggregator for attacks on emergency workers, whether those are police officers or firefighters. That would be a worthwhile and positive thing to do. Attacks on firefighters who are trying to deal with events on bonfire night have become an almost annual event.