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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 4 May 2021
  6. Current session: 13 May 2021 to 14 September 2025
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Displaying 1631 contributions

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Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 25 May 2022

Jamie Greene

I will give way in a second. You are welcome to clarify, if I am wrong.

The group could put on a display by using the licence of an individual in the group, but only during the permitted periods. That is my understanding; if I am wrong, I ask the minister to correct me.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 25 May 2022

Jamie Greene

I appreciate that very helpful feedback. I know that the amendment is of a more technical nature, but I would like clarification. If a community group wants to put on a display, it still has to nominate an individual who can use their own personal licence to purchase, possess and use fireworks on its behalf. That shifts the liability, responsibility and burden entirely on to the individual in question, not the group. Does that not strike you as a bit of a problem? Why will paid-for organisations and companies that put on professional displays be exempt from the need to hold a licence while community groups that want to put on a similar display will not be? We have not really addressed the issue of how community groups that are not in a commercial environment can put on displays other than through their having to rely on the good will of individuals in the group to use their licences and make multiple purchases of what could be fairly large volumes of fireworks. Does that not defeat the whole point of the bill?

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 25 May 2022

Jamie Greene

Lots of very valid questions have been raised, which in itself proves my point that the issue has not been addressed. Dropping amendment 68 will neither resolve the problem nor answer the questions that we have. There is still a lack of clarity with regard to a scenario in which a community group, charity, organisation, community council or even just a group of people in the same street wants to put on an organised display for whatever reason—perhaps not for profit—as currently happens and will be allowed to continue to happen, and how that will interact with the licensing scheme, which is, as I understand it, aimed at promoting safe behaviour by individuals and barring those whom we expect not to act safely. I understand and get all that, but what is still unclear to me is the quite odd link that is being made between a community group that wants to put on a display having to rely on an individual to use their individual licence and take on individual liability to purchase, possess, store and use fireworks on behalf of the rest of that group, and the ability of multiple individuals in a group to do the same.

Therefore, there is a perfectly feasible scenario in which 100 people in a street all use their licences to buy 5kg of fireworks and put on a 500kg firework display. That is substantial and would be perfectly legal.

12:00  

I think that we are still not there with the legislation, and there are still unanswered questions, which community groups might want to be answered ahead of stage 3. Although for technical reasons my amendment 68 would probably create issues—which was not the intention—those issues could be fixed. However, I think that the Government still needs to come back to clarify the position around community groups and charities, as opposed to public displays. I do not think that that issue has been cleared up.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 25 May 2022

Jamie Greene

Thanks, Russell. It is just as well.

My sympathy for amendment 1 is based on the fact that the level of the fee sounds like a reasonable number. Putting numbers in primary legislation is difficult, dangerous and probably not sensible, but it might be a principle on which the committee can work with the Government, ahead of stage 3, to see how the Government will go about setting the fee and the work that will need to go into that. If that process were included in the bill, it might address some of the issues that members have raised. We will all work constructively on that. If Pauline McNeill is minded not to press amendment 1, we should revisit the issue.

That flows into my second point, which is the inflationary cap that we have sought to achieve in amendment 69. There are other ways of wording it—I have seen various pieces of legislation that peg increases in different ways. There are a number of disposals available to the Government for that. If the Government has a problem with the way in which we have set it out in amendment 69, we could perhaps word it in a better way. Again, the amendment can be withdrawn and we can come back to the issue. However, all of this paints a wider picture.

12:15  

Amendment 90 sits in the grouping on post-legislative scrutiny, unfortunately, but it could equally sit very well in this group, as it deals with the process that the Government should set out. The policy intention surely is not to put people off getting a licence. For someone to get a licence, they go through the safety training course and get a certificate. Surely we want as many people as possible to get a licence, so anything that is prohibitive should be frowned upon by us all. Again, it is an issue that I think we could sensibly revisit.

Criminal Justice Committee

Fireworks and Pyrotechnic Articles (Scotland) Bill: Stage 2

Meeting date: 25 May 2022

Jamie Greene

There is a lot of sympathy in the room today. It is very nice, but nobody ever votes for my amendments. [Laughter.] Thanks anyway.

Criminal Justice Committee

Online Child Abuse, Grooming and Exploitation

Meeting date: 18 May 2022

Jamie Greene

What is lacking, then? In your paper, you say that

“The key challenge ... is the lack of an overarching strategy to tackle online child sexual abuse”,

and that

“there is no government leadership with the issue straddling multiple government departments and Ministerial portfolios.”

In effect, what are you asking the Government to do? Would you say that the lack of take-up of your service is due to a lack of awareness among the community of those who might benefit from it or simply a fear of contacting you, because of what might happen thereafter if they pick up the phone or access a website?

Criminal Justice Committee

Policing and Mental Health

Meeting date: 18 May 2022

Jamie Greene

Does anyone else want to answer? We are running out of time.

Criminal Justice Committee

Online Child Abuse, Grooming and Exploitation

Meeting date: 18 May 2022

Jamie Greene

I might come back with some questions later, convener.

Criminal Justice Committee

Online Child Abuse, Grooming and Exploitation

Meeting date: 18 May 2022

Jamie Greene

Okay. I had lots of questions, but everyone has used up my time.

I will ask a slightly left-field question. Has there been a rise in vigilante behaviour from members of the public to try to—through online or physical approaches—capture, tackle or deal with predators, for want of a better word? Has there been a rise in people self-policing, in effect? If so, what has been done to tackle or prevent such activity?

Criminal Justice Committee

Online Child Abuse, Grooming and Exploitation

Meeting date: 18 May 2022

Jamie Greene

Thank you. I realise that that is a slightly different area of questioning, but I wanted to raise the issue.

I have a final question for the NCA, which is about the complexity of the enforcement landscape. If an image is discovered on a site or through an app, whether we are talking about mobile or fixed-base internet service provider access, it is often not clear where responsibility lies with regard to escalation. Does it lie with the website operator or with the internet service provider? Is the process governed by Ofcom, the Internet Watch Foundation, ministers, the police or the NCA? That lack of clarity can be such that no action is taken. It is not always clear to the consumer how to escalate such a matter, other than by immediately reporting it in the first instance. If no action is taken thereafter, the path to escalation, whereby the ISP or the website can be held to account, is not obvious.

I appreciate that the issue crosses a range of policing and devolved and reserved matters, but could the pathway be tidied up a little more so that people know exactly who does what, who regulates what and what can and will be done if no one else takes action?