Tackling Anti-social Fireworks Use - Firework Review Report

3rd November 2020

Review group calls for tighter control on fireworks.

An expert group that includes police, fire and animal welfare representatives has called for the introduction of no fireworks zones and tighter restrictions on the purchase and use of fireworks.

The independent Firework Review Group has submitted its final report to Ministers, urging a fundamental shift in the way fireworks are bought and used.

The call comes following widespread public support across Scotland to reduce the negative impact of fireworks.

The group, chaired by former Chief Fire Officer Alasdair Hay, has recommended a number of measures be taken forward, including:

the introduction of mandatory conditions when fireworks are purchased from retailers

restricting the times of day fireworks can be sold and volume of fireworks that can be purchased at any one time

restricting the days and times fireworks can be set off

the introduction of no firework areas or zones

the creation of a proxy purchasing offence to prevent adults from buying fireworks on behalf of those under the age of 18

Responding to the report, Community Safety Minister Ash Denham told Parliament:

"I welcome and fully endorse these recommendations and thank Alasdair Hay and the members of the Review Group for their diligent work, especially in recent months during the pandemic.

"We are determined to keep all of Scotland's communities safe from the harmful use of fireworks and the group's findings will help us achieve that.

"I will now explore how these recommendations can be implemented, within the powers available to Parliament, and bring forward legislation to make these a reality.

"With Bonfire Night approaching, it is vital the public continues to adhere to the rules on meeting up with other households to help stop the spread of Coronavirus (COVID-19). If someone does plan on using fireworks I would urge them to please do so responsibly and safely and to be mindful of their neighbours. I would also ask them to consider the various harmful impacts the noise of fireworks can have, including on our veterans, those with sensory issues and on our pets and livestock. Adapting alternative celebrations and sticking to the rules in place can go a huge way to ensuring everyone's safety."

Chair of the Review Group Alasdair Hay said:"I am pleased to set out the recommendations from the Firework Review Group. We have carefully considered the available evidence, and believe a step change is needed in how fireworks are accessed and used by the general public.

"This is not to prevent adults using fireworks sensibly and safely - rather, to ensure all safety requirements are fully understood and adhered to, and the impact on others has been fully considered."

Firework Review Group: Report to the Scottish Government

-------------------------------------------------------------------------

Fireworks Review Group: Community Safety Minister update to Parliament 3 November 2020

Minister for Community Safety Ash Denham's ministerial statement on the recommendations made by the Fireworks Review Group to tackle anti-social fireworks misuse.

Presiding Officer, only days away from Bonfire Night, I welcome this opportunity to provide an update to Parliament.

Firstly, I would like to reflect on the impact that the ongoing pandemic will have on Bonfire Night. Like many celebrations, this is going to look very different in the context of Covid-19. Many of the activities we traditionally associate with Bonfire Night will simply not be able to take place as they normally would.

At this point it is important to highlight what we are asking the public to do, and what to avoid, in celebrating Bonfire Night this year as we continue to do everything we can to supress the spread of coronavirus.

Public firework displays, which usually take place in communities across Scotland, will not happen this year. I know that this will be a disappointment to the many people and families who normally attend these events as a safe and fun way to enjoy fireworks. However very large gatherings are simply not viable right now.

Where people choose to purchase fireworks and have their own private display, they must adhere to the guidance on meeting other households that apply in their local area. This means that anyone using fireworks in their back garden need to follow restrictions on household gatherings, carefully following FACTS advice and physical distancing guidance.

I want to be clear that there should not be private displays in gardens with spectators exceeding the numbers set out locally. As local areas have been placed in levels of restriction this will mean no more than six people from two different households. People using fireworks should also stringently follow safety instructions on the packaging of the products they purchase to reduce the risk of harm and injury.

It is also important to stress that it is illegal to use fireworks in a public place in Scotland. This includes areas such as parks and fields. People cannot and should not be using fireworks anywhere other than their own property.

The measures and restrictions I have just described are the only appropriate step to take at this time in terms of guidance. I strongly encourage everyone to abide by them this Bonfire Night.

Whilst the ongoing pandemic will clearly have an impact on Bonfire Night, substantial planning and preparation by community safety partners, at both a national and local level, continues to operate this year.

Unfortunately, there have been persistent issues with the misuse of fireworks in Scotland over recent years. These incidents are often dangerous and can be life threatening. This includes reports of antisocial behaviour on and around bonfire night; attacks against our emergency services; and sometimes the very distressing accounts from individuals about the inappropriate use of fireworks that they have experienced.

Already this year, I am aware that there have been completely unacceptable incidents of fireworks being thrown at our emergency services over the weekend. The Scottish Government does not tolerate any attack on our emergency services, and the line is clear from our police, prosecutors and courts - people who commit these offences will be dealt with robustly.

Last month I met with senior commanders in Police Scotland and the Scottish Fire and Rescue Service, who updated me on the extensive multi-agency planning underway as part of Operation Moonbeam to ensure a safe and enjoyable bonfire season - and tackle any incidents of unacceptable behaviour that may arise. This includes a multi-agency control centres being activated with a dedicated partner presence.

I am also aware that a significant amount of local partnership activity has been undertaken by the emergency services and other public and third sector partners to plan for bonfire season, and prevent the disruption and disorder often associated with fireworks.

I spoke with control room staff this morning, who briefed me on incidents that happened over the weekend involving fireworks, and on the plans for the coming days.

I am sure you will join me in thanking and applauding the hard work, dedication and commitment to partnership working and planning for Bonfire Night, and responding to firework related incidents by our emergency services in communities across Scotland.

I am also aware that more people may choose to purchase and use fireworks themselves this year. To help ensure people understand what is and is not allowed under the current regulations and to ensure fireworks are used safely, three public awareness raising safety campaigns have been launched to make people aware of how to use fireworks in a responsible and considerate way, and minimise the impact on others within their community, particularly those most affected:

First, the nationwide ‘Impact of Fireworks' campaign to improve people's understanding of the impact fireworks can have on people, including those with sensory issues, our armed forces veterans, and on pets and livestock.

Second, the Fireworks ‘Rules and Regulations' campaign, in partnership with Crimestoppers to help improve understanding of the existing rules, regulations and how to report fireworks misuse.

And finally, a fireworks safety information leaflet providing advice and guidance on the safe and appropriate use of fireworks is being disturbed by participating retailers to individuals purchasing fireworks.

This package of activity demonstrates this Government's ongoing commitment to promoting the safe and appropriate use of fireworks.

Last November following the public consultation, ‘Your experiences, your ideas, your views', which saw a significant level of public interest and engagement, with a total of 16,240 responses, I committed to establishing a Firework Review Group.

It was clear from the level of response to the consultation that fireworks are an important issue to the people of Scotland and that there is a strong appetite for change.

The purpose of the Review Group has been to look at options for legislative change and to provide recommendations on tightening legislation to drive forward action to reduce the harm fireworks can cause.

The Group, chaired by Alasdair Hay, former Chief Officer of the Scottish Fire and Rescue Service has representation from a number of key stakeholder organisations - including the fireworks industry, animal welfare representatives, the Scottish Fire and Rescue Service, Veterans Scotland and the NHS. This has ensured a broad range of opinions, experiences and knowledge have contributed to the Group's recommendations.

Despite the challenges that we have all faced this year in the context of the Covid-19 pandemic, the Group has met eight times. They have carefully considered and reviewed the evidence available and options for change.

To reach these recommendations, the Group heard directly from communities about the impact the misuse of fireworks can have, undertook more detailed research to consider the experiences of other countries, and to better understand the number and nature of firework related injuries in Scotland.

The Group also heard from the fireworks industry on the strides that have been made over the years to remove dangerous products from the market and to better understand the potential impact that greater restrictions could have.

I am now delighted to advise that the Group has submitted their final report to me.

The Group has recommended to that a fundamental shift is required in how fireworks are accessed and used, and that this is done through the introduction of a comprehensive set of measures, including:

The introduction of mandatory conditions when fireworks are purchased from retailers.

Restricting the times of day fireworks can be sold and volume of fireworks that can be purchased at any one time.

Restricting the days and times fireworks can be set off.

Introducing no firework areas or zones where it is not possible for fireworks to be set off.

Introducing a proxy purchasing offence so that adults are not able to give fireworks to those under the age of 18.

I very much welcome and endorse these recommendations which I will be giving greater consideration to in due course. I believe they will help us take a positive step towards promoting the safe and responsible use of fireworks going forward.

I particularly welcome the recommendations on introducing mandatory conditions before fireworks are able to be purchased by the general public, and for communities to have a strong voice in influencing whether fireworks can be used in their local area. I intend to explore how these can be implemented in practice with a matter of urgency and, using the full power of this Parliament, bring forward legislation to make these a reality.

I will look to members across the Chamber to be involved in helping us make those changes and to improve safety from the misuse of fireworks in communities around Scotland.

At this point, I would like to take the opportunity to sincerely thank Alasdair and all members of the Group for their continued engagement and for constructively sharing their expertise and views to inform these recommendations.

Whilst the Group's final report and recommendations mark an important milestone in our journey towards a significant change in our relationship with fireworks, they form part of a bigger, ongoing picture. The kind of cultural shift that we are seeking to achieve will not happen overnight. It will require continued hard work and dedication - which I am committed to striving towards.

I am determined that we do all we can within the power of this Parliament to ensure we have all the safeguards in place that we need to keep our communities safe from the harmful use of fireworks.

I hope that the Review Group's recommendations outlined today - which I commit to progressing as soon as practicably possible - clearly demonstrate this Government's commitment to changing Scotland’s relationship with fireworks, guided by the voice of the people that came across so strongly in the public consultation.

I would like to reiterate my gratitude to everyone who has contributed towards the progress made so far. This includes the members of the public and organisations who responded to the public consultation and the expert knowledge and advice of the Firework Review Group.

Once again I would like to sincerely thank our emergency services, public and third sector services, as well as those in our communities who volunteer their spare time to make bonfire night safe and enjoyable, for their ongoing commitment and dedication.

Whilst this year will feel very different, I would like to wish everyone a safe Bonfire Night and reinforce the importance of following public health advice, safety guidance and being considerate of our neighbours.

----------------------------------------------------------------------------

Firework campaigners in Pollokshields comment on ministerial statement on fireworks in Scotland.

This statement was disappointing. We have been waiting years for action and today we have more promises, but no detail or dates when any further action might happen. We are told that there may not even be parliamentary time to legislate before the Scottish Parliament elections in 2021.

Scottish Minister Ash Denham MSP made a statement in the Scottish Parliament today (Tuesday). She said the Scottish Government Firework Review Group had reported to her, but could not give us any further details or what recommendations have been made.

This was a much anticipated statement by anti-firework campaigners. It has taken us a long time to get this far. We have been been campaigning for decades and we were made promises in 2018 that action would be taken. We are still waiting.

Danny Philips a community campaigner on fireworks from Pollokshields said: "Today's ministerial announcement on fireworks was disappointing. It's is 2 years since we were promised action on fireworks. And today, the minister simply reiterated the terms of reference of the Scottish government firework review group. The fact she is promising action again is welcome but the First Minister promised us action in 2018 and action was supposed to be well on the way by now. The minister even warned that she might not have parliamentary time to legislate before the Scottish Parliamentary Elections.

Fireworks cause misery in communities across Scotland. People with livestock, pets, young children and disabled children in particular find fireworks distressing. Fireworks some of them huge, are misused and they encourage anti-social behaviour. Some communities are under seige in the run up to bonfire night and it is a huge amount of dangerous work for our emergency services to control. We are told that even the riot police have been put on stand by, this year. The minister acknowledges there is an appetite for cultural change in Scotland. Now is the time the Scottish Government must stop talking and take action to ban fireworks."

The minister also confirmed that she expected more private firework parties this year because of CVD restrictions there would be no public firework displays.

--------------------------------------------------------------------------------

Recommendations

A complete ban on the sale of consumer fireworks is not introduced at this time given the risk of unintended consequences.

Mandatory conditions are introduced before consumers are able to purchase fireworks.

The times of day fireworks can be sold and the volume of fireworks that can be purchased should be restricted.

Full consideration should be given to how different people and groups will be impacted by this, and an equalities impact assessment should be carried out to identify any potential discrimination and opportunities to promote equality.

The days and times fireworks can be set off should be further restricted.

A provision should be made for no fireworks areas / zones 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 to reduce the risk of fireworks being misused by children and young people under the age of 18.

Sufficient monitoring processes are put in place alongside these changes to fully understand the impact that these have, and a full review of impact should be carried out 3-5 years following implementation.

Full consideration is given to which organisation(s) will be required to enforce these new measures while ensuring this is twinned with full consideration of resourcing requirements.

Scottish Government and enforcement agencies to identify, share and promote examples of good practice between local community safety partners.

A full business impact assessment of the likely costs, benefits and risks of these proposed changes alongside the identification of measures to, where possible, minimise and mitigate these.

Adequate monitoring is put in place to proactively track the illegal sale of fireworks in Scotland, and adequate mitigations are introduced to coincide with the new measures.

Scottish Government to keep abreast of work by UK Government working with Local Authority Trading Standards to reduce the flow of unsafe products within the UK.

The commissioning of research by Scottish Government to evaluate the wider health and environmental consequence of firework use in Scotland.

----------------------------------------------------------------------

Firework Related Injuries

We are aware that there is a spike in firework related injuries around festival periods where fireworks are traditionally used, and that most firework related injuries occur at private firework displays at

homes, and in streets or other public places.

To help develop a more comprehensive picture of firework related injuries in Scotland, a data collection exercise was undertaken in 201910 of attendance at Scottish Minor Injury Units (MIU) and

Emergency Departments (ED) from firework injuries.11 This data collection exercise showed:

• There would appear to be a clear link between deprivation and firework injury, with eight times as many patients presenting from the lowest SIMD decile than the highest.

2019. Of those attending, 26 (63%) were male and 23 (56%) were under 16 years of age. Most patients presented to MIU and ED in November, with 18 patients (44%) attending on the 5th November 2019; the highest of any given day.

• The majority of patients were discharged following assessment and treatment. However, 15 patients (37%) required follow-up in hospital outpatients and 3 patients required admission by plastic surgery.

• The most common geographical location for an injury to occur was on private property (19 patients with injuries), with casual/street incidents (9 patients with injuries) being the next most common location.

• Only 2 patients sustained injuries at a large public display (one due to sparklers and the other due to a banger, which is an illegal firework product in the UK). Of the 41 patients with injuries, 14 were caused by sparklers and 11 were caused by unknown fireworks.

Data relating to firework injuries in the Greater Glasgow and Clyde (GGC) NHS Health Board area was also collated, covering 2008-201912. As with the national data, there would appear to be a clear correlation between increased area deprivation and firework injury, with those living in SIMD decile 1 (Scotland’s 10% most deprived areas) being twice as likely to present for treatment of firework related injuries than those living in SIMD decile 2. Between 2008-2019, 198 patients attended MIU and ED in the NHS GGC area for management of 251 firework-related injuries to different parts of the body.

The most commonly injured body part was the hand and wrist (103 injuries) with the head, face and neck the next most common (64) followed by the eye (35). Males were disproportionately affected by injuries in comparison to females, with 200 (80%) of the 251 injuries being sustained by a male.

Around half (49%) of injuries to males occured in the over 18 age group, meaning 51% were distributed between children. The two younger male age groups with the highest number of injuries were 11-15 year olds (21%) and 16-17 year olds (14%).

The estimated total health expenditure on treating firework injuries over the period 2008-2019 in Greater Glasgow and Clyde was £463,583, a mean cost of £38,632 per annum. The majority of this cost (£438,775) is incurred in treating patients admitted to hospital.

There is no evidence of either an upward or downward trend in the costs data. This is likely to be an underestimate as the cause of injury is not always captured in the routine administrative records and certain resource use may not be captured.