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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 9 May 2025
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Displaying 1673 contributions

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Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 30 March 2022

Russell Findlay

Ignore the first part if you want. I am really asking about the unintended consequences of putting legitimate and responsible traders out of business while fuelling a black market in fireworks.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 30 March 2022

Russell Findlay

I have a question on licensing, but I will first make a couple of observations on the data. We have learned today what the Crown Office has done with the numbers from the past 10 years or so, but we still do not know how many actual incidents have been reported to the police or recorded by the police. Perhaps we can get that information.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 30 March 2022

Russell Findlay

Last week, Fraser Stevenson of the BFA told us that, in 2020, his organisation had sent the minister a 10-point plan, point 4 of which concerned raising the age at which someone can buy fireworks from 18 to 21. Given that we have heard today that the average age of those who are prosecuted is 22, that seems like quite a sensible proposal from the industry and is perhaps a more sensible and effective starting point than the legislation, which seems to be quite convoluted and confusing. Why was that suggestion not taken on?

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 30 March 2022

Russell Findlay

The bill establishes penalties of up to six months’ imprisonment for some offences, yet the Scottish Government has extended the presumption against short sentences to sentences of up to 12 months. I wonder whether there is a possible inconsistency in that respect. I am trying to understand how that particular proposed sentence was arrived at.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 30 March 2022

Russell Findlay

We have heard that there is a lack of evidence on the number of cases that are currently prosecuted. We have struggled to get that information, and the British Fireworks Association witness expressed similar frustrations in trying to ascertain how much lawbreaking and associated prosecution there already is. How can we establish that? If, as the suspicion might be, the law is, indeed, not being used to its fullest extent just now, why add to that if there is a risk that the new legislation would not be fully enforced either?

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 23 March 2022

Russell Findlay

You mentioned them quite near the end of your remarks.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 23 March 2022

Russell Findlay

I presume that those were cases that Police Scotland reported to the Crown Office.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 23 March 2022

Russell Findlay

But we do not know what the—

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 23 March 2022

Russell Findlay

Banning the sale of fireworks to those under the age of 21 seems pretty sensible, not least because the criminal justice system deems those aged under 25 not to be at the same level of maturity as those aged over 25.

To go back to the issue of pyrotechnics, I do not know whether the general public understand the difference between fireworks and pyrotechnics. Has the increased misuse of pyrotechnics by some football fans perhaps been used not as an excuse but as a reason for the sense that something must be done about fireworks? Is that culture of their use by some football fans, which did not really exist previously in the UK—it was more of a European thing—penalising the legitimate and responsible firework users and the industry?

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 1

Meeting date: 23 March 2022

Russell Findlay

Thank you.