Firework
bill heads for second reading
A
BILL proposing a crackdown on the sales of fireworks has won
crucial Government support and is due for its crucial Second
Reading next week.
Fireworks would only be allowed to be sold for three weeks
up to 5 November. Sales would also be restricted to packs
costing at least £10, under MP Bill Tynan's proposal.
His private members bill aims to reverse the trend towards
year-round firework displays and the misuse that cause misery
to residents, pets and wild animals.
The Bill has massive support from the general public and has
strong cross-party support, as MPs realise that the public
are calling for tough restrictions on the use of fireworks.
Stricter licensing governing the retail sale of fireworks
will be imposed, with a legal requirement for retailers to
keep records of people purchasing fireworks for private events,
such as weddings and anniversaries.
Fireworks required for the celebration of cultural festivals
such as Diwali and Chinese New Year will be covered by the
provisions of the Bill, although the emphasis on large-scale
celebrations will be towards organised displays.
Consumer Minister Melanie Johnson said that Mr Tynan’s
Control of Fireworks Bill has government support and "will
provide a raft of new powers to control the misuse of fireworks".
In January this year, members of the British Fireworks Association
– which make up 95% of the UK Firework Industry has agreed,
after pressure from the Minister to place a voluntary ban
on the sale of single tube air bombs – which are responsible
for nearly half of all firework injuries in the street –
and on small whistle/bang rockets from January 2003, many
MPs – and pet owners – feel that this move does
not go far enough.
The Home Office are also piloting fixed penalty notices of
£40 in four areas for over 18s caught throwing fireworks
in the street, although this scheme has been derided as most
‘throwing’ incidents are carried out by people under
18 years of age.
The Government have been taken aback by the depth of public
feeling against the misuse of fireworks and the demands for
stricter controls on their sale and use, and has thrown its
weight behind Mr Tynan’s Bill, which strengthens its
chance of success.
Melanie Johnson added: “It aims to put an end to neighbourhood
nuisance and anti-social behaviour that is so often seen around
bonfire night and beyond, and I welcome it wholeheartedly,"
she said. "I know the misery that fireworks can cause.
There is too much noise, with fireworks being let off late
into the night and lasting for far too long beyond the traditional
fireworks season.”
Mr Tynan, Labour MP for Hamilton South, has been working on
the bill with the Convention of Scottish Local Authorities
(CoSLA) Fireworks Task Group and the Guide Dogs for the Blind
Association.
“The misery caused to the general public and domestic
and wild animals by the misuse of fireworks is a growing problem
all over the UK,” he said.
“Lack of licensing of retail outlets, periods of sale
and noise levels, together with problems with importation,
distribution and storage, all contribute to the nuisance use
of fireworks.
“This will promote the responsible use of fireworks by
limiting the hours of the day, confining general sale to the
public to a relatively short period before 5 November.”
In addition to those areas covered in the draft Bill discussions
and consultations are continuing about how best to tackle
the issue of noise levels and it is expected that, once these
are complete an addition to the Bill will be made to tackle
this important area.
On the package of measures being put forward, Mr Tynan commented:
“We need to deal with fireworks in an effective and comprehensive
way. This means controlling and monitoring them from when
they are unloaded at Felixstowe or Bootle, to how they are
then stored and sold and then limiting the consequences of
their use through maximum decibel levels and restrictions
on who they can be sold to.”
A wide range of organisations has already expressed support
for the principles of the Bill. Those most closely involved
with the preparation of the Bill have been Convention of Scottish
Local Authorities (CoSLA) Fireworks Task Group and The Guide
Dogs for the Blind Association. The knowledge and experience
of these two groups, as demonstrated by CoSLA’s recent
report on the issue of fireworks, has been joined by a wide
range of other groups such Blue Cross, the RSPCA and SSPCA.
Local councils from across the country have also been expressing
support for the Bill.
The Guide Dogs for the Blind Association is working with and,
supporting Bill Tynan MP (Hamilton South), who has tabled
a Private Members Bill that aims to restrict the noise levels,
sale and use of fireworks. The Bill has its Second Reading
in the House of Commons on Friday February 28th – but
in order to pass this vital hurdle at least 100 MPs must attend
the Commons Chamber and vote in favour of it.
“Guide Dogs has been overwhelmed with support for this
campaign - ranging from pet owners and elderly people to parents
with young families. We are urging everyone who feels strongly
about the issue to write to their local MP and urge them to
vote on Friday February 28th,” said Robin Hutchinson,
Head of Communications for Guide Dogs.
“It is important to stress that we are not talking about
banning fireworks – but striking a balance between not
ruining people’s fun, but not ruining some people’s
lives either.”
Every year guide dogs and other working dogs are sedated,
retrained or, in worst cases, retired after being traumatised
by the irresponsible use of fireworks. This causes enormous
upset and anxiety for both the guide dog and its owner. And
with the lifetime cost of training, feeding, insuring and
providing veterinary care running at £35,000 for each
guide dog, the cost to the charity of retiring dogs part way
through their working lives is enormous.
Guide Dogs has collected nearly 50,000 names on a petition
calling for fireworks to be regulated. The petition was handed
in to No 10 Downing Street this Thursday, underlining the
need for Mr Tynan’s Bill to succeed.
Meanwhile, campaigner Teresa Kulkarni’s own petition
calling for restrictions on the sale and use of fireworks
has topped the 50,000 mark and runs until the end of March.
Ms Kulkarni cautiously welcomed Mr Tynan’s Bill, saying:
"The basic aims of the Bill are sound, and if it gets
through its Second Reading, it’s certainly a step in
the right direction. Bit I hope it doesn’t get watered
down by amendments that favour the firework industry. People
and animals have suffered too much because of the misuse of
fireworks by mindless yobs and it would e a tragedy if the
chance to actually incorporate controls on fireworks into
the law was lost.”
Bill Tynan spoke exclusively to OUR DOGS about his Bill and
how it would work if it became law.
“According to the British Fireworks industry itself,
95% of their year’s sales take place in the three week
run-up to Bonfire Night on November 5th," said Mr Tynan,
"Therefore we’re not inconveniencing the industry
or hitting their sales, we’re merely forcing the issue
via regulations.
In fact, the Industry are very supportive of my Bill, because
they are aware of all the complaints leveled against fireworks
and I think they’re keen to avoid calls for a total ban
on retail sales, as is the case in Northern Ireland.
“The existing voluntary code of practice is rather confusing
anyway and it’s unclear whether it applies to advertising
or the actual sale of fireworks. My Bill aims to clarify that
by law.”
Mr. Tynan explained that Local Authority’s Trading Standards
Office would, under the new legislation end the current retail,
licensing system whereby licenses cannot be revoked or re-designated.
Under the proposed Bill, most retailers’ premises would
be checked as to be safe to store and sell fireworks and then
a license issued to allow them to sell fireworks only during
the three-week period up to November 5th.
“I am proposing a two-tier system which will stop the
rogue retailer who thinks he can stock fireworks all year
round," added Mr Tynan. “There would be a higher
form of license where for a higher charge – let’s
give a nominal figure of £600 a larger retailer, such
as a garden center or superstore can continue to sell fireworks
outside that three week period, but under very strict conditions,
and only with training given to the staff who are selling
the fireworks. This will allow the purchase of fireworks for
different cultural celebrations, such as Diwali and Chinese
New Year.
“Any licence can be revoked at any time if the retailer
breaches the regulations governing the sale of fireworks.
The key factor is, the responsibility falls back on the retailer.
Up until now, it’s been far too easy for anyone to buy
fireworks. Therefore, if you have a responsible retailer,
who, in order to protect n their revocable license, must require
to know the use of any fireworks bought outside the normal
three week period. It‘s not a matter of choice, the customer
must tell the retailer who will; keep records of all fireworks
sold.”
Asked if this system would dissuade hooligans with disposable
income from buying fireworks to let off “for a laff”,
Mr Tynan said: “Nowadays, retailers ask you your post
code and house number for almost any purchase you make. If
that information in their computer does not tally with what
you tell them, they will be suspicious. Therefore, if any
retailer was unhappy with the details and reasons given by
someone looking to buy fireworks, they would refuse to sell
them. If someone acquired fireworks and made a nuisance with
them and it was traced back to a retailer who had not asked
the necessary questions and kept adequate records, they would
lose their licence.
“Obviously the all-year licence would not be economic
for smaller retailers, so the outlets where fireworks were
avialable all year round would be diminished.
Mr Tynan is also seeking to curb the use and sale of louder
fireworks. “I’ve been in discussions with a number
of organisations including the RSPCA, Guide Dogs fort the
Blind. the Explosives Industry group and the British Fireworks
Association," said Mr Tynan. “There is no maximum
noise level for fireworks in the UK. The EU is planning legislation
to limit firework noise to 120 decibels, which is still very
high. At this stage, I cannot put any noise restrictions on
the face of the Bill, although this might be added by amendment
at a later point. I am going to be meeting with the Fireworks
Industry and the RSPCA – see if anything can be done
to regrade loud fireworks. Currently there are four categories,
1 to 4. Category 3 are ‘Very loud’, Category 4 are
Display fireworks. I’m seeking to move some fireworks
form Category 3 to Category 4, which would remove them from
retail sale to the general public."
Mr Tynan added that anyone seeking to use fireworks for displays
would obviously need to apply to the Local Authority for a
licence to stage such a display and would be required by law
to give public notice of the display to allow pet owners to
make provision for their pets in good time.
The Bill is due for its Second Reading at 9.30 am on Friday
28th February. Previous Private Members’ Bills have been
talked out and objected to by maverick MPs who simply want
to spoil any Bill’s chance of success. However, if 100
MPs vote for the Bill, then a ‘closure motion; can be
made, after which the Bill will be accepted and can pass to
Committee stage for amendments, before returning to the House
of Commons for its third reading and then to the House of
Lords.
Mr Tynan said: “The Fireworks Bill will come before Parliament
for debate on Friday 28th February. I know that many charities,
local authorities and large numbers of ordinary people have
been contacting their MPs to encourage them to reflect their
views and attend on that day. I know that many of my colleagues
in Westminster, despite the new sitting hours, are making
special arrangements to be there, to ensure these important
changes come into the law. But I would urge the readers of
OUR DOGS to contact their MPs and beseech them to attend the
Second Reading and vote for this Bill, which has such strong
public support and hopefully see the introduction of enforceable
laws to curb the misuse of fireworks.”
Bill Tynan MP can be contacted about his Bill via his assistant,
Richard Williams, tel: 020 7219 0442 or by email at: williamsrj@parliament.uk
Teresa Kulkarni’s petition to ban the retail sale of
fireworks is open until March 30th 2003 and may be found online
at: http://freespace.virgin.net/nicholas.k
Or write to Ms Kulkarni at:
1 Methuen Avenue, King’s Lynn, Norfolk, PE30 4BN. Tel:
01553 775461
