A damp squib
Bungling SNP Minister forced to tear up f lawed f ireworks Bill that would ban perfectly safe displays
A PLAN to crack down on sales of fireworks has backfired after an embarrassing blunder by the SNP.
Community Safety Minister Ash Denham published draft legislation in January to restrict the use, sale and purchase of pyrotechnics.
Ms Denham hoped it would stop the anti-social firework use that has been blighting communities.
Yet the proposed regulations had to be withdrawn after experts said they were badly drafted and would have unintended consequences.
The law would have made it illegal for fireworks to be used in Christmas light switch-ons and festivals held before 6pm.
Now, in an embarrassing U-turn, Ms Denham has had to scrap the legislation and start again.
In a letter dated February 15 to the Scottish parliament’s justice committee, she highlighted ‘an unintended consequence arising from The Fireworks (Scotland) Amendment Regulations 2021 laid in parliament on January 15’.
She added: ‘Businesses, enforcement agencies and community groups will be impacted by them as currently set out, with no general exemptions for these groups to allow use of fireworks between the hours of 7am and 6pm.
‘If regulation 2 (3) were to come into effect on June 30 it would have a real impact on firework operators and their businesses, adding a barrier to their ability to fully operate.
‘It would also have an impact on community groups and their ability to organise firework displays in their local area, and on enforcement agencies.’
The letter finished with a commitment from the Minister to revise the legislation. Last night, the Government confirmed a new draft has been put before parliament.
Fraser Stevenson, vice-chairman of the British Fireworks Association, said: ‘They didn’t speak to the industry at all about the details in the legislation. The first we saw of it was when people started coming to us saying, “Do you know this has been published?”.
‘We highlighted that by introducing this legislation, what the Government was doing was stopping people having Christmas light switch-ons at 4pm or 5pm. They were going to make it against the law for a professional display company to do fireworks before 6pm.’
Under the Firework Act 2003, people were allowed to use and buy fireworks between 7am and 11pm and could buy up to 50kg (110lb) at a time. The new laws would mean people could buy fireworks only between 8am and 6pm and use them between 6pm and 11pm, and could buy only 5kg (11lb) at once.
Exceptions include Bonfire Night, when the time period is extended from 11pm to midnight, at New Year until 1am, and for Diwali and Chinese New Year.
Mr Stevenson said: ‘The restrictions don’t address the misuse of fireworks, the anti-social behaviour, attacks on members of the emergency services or issues of underage possession.
‘What they do is they stop lawabiding citizens buying fireworks from a retailer.’
The Scottish Government said: ‘A revised [document] was laid on February 19. If approved by parliament, the regulations will lead to tangible, positive change for individuals and communities to be in force in time for the November 2021 fireworks period.’