View submitted responses where consent has been given to publish the response.
This page provides information about submitting a detailed response to the Committee about the Fireworks and Pyrotechnic Articles (Scotland) Bill.
If you would like to make brief and general comments about the Bill, join in the conversation on our engagement website.
The Scottish Government has proposed a new law which would restrict how people can buy and use fireworks and other ‘pyrotechnic items’ – such as flares.
MSPs on the Scottish Parliament’s Criminal Justice Committee are looking at the details of the proposals, and want to know what people think about them.
Knowing your views will help them think about ways that could improve the proposed law, and whether the draft Bill should be passed into law by the whole Parliament.
Please fill in the Call for Views below. To help you do this, you may wish to read the following background information about the proposals and the key terms that it would be helpful to understand:
Types of fireworks covered by licensing system
The Bill proposes to establish a new licensing system for members of the public who wish to buy and use CAT F2 and CAT F3 fireworks in Scotland. This would require members of the public to undertake an online training course and pay between £30 and £50 for a licence, before they could buy or use CAT F2 and CAT F3 fireworks.
Restrictions on supply of fireworks
Currently, the public can buy CAT F2 and CAT F3 fireworks all year round in Scotland. The Bill would make the following changes-
CAT F2 and CAT F3 fireworks could only be sold to members of the public on 37 days a year, on the following specified dates, which are inclusive-
What are your views on the proposed restricted periods on which CAT F2 and CAT F3 fireworks can be purchased by the public?
Restrictions on the use of fireworks
It is currently legal in Scotland for CAT F2, CAT F3 and CAT F4 fireworks to be set off and used between the hours of 6.00 PM to 11.00 PM (a five-hour period) each night of the year, except for the following dates—
The Bill would restrict when people can set off and use CAT F2, CAT F3 and CAT F4 fireworks to the following days-
What are your views on the proposed changes to the days on which fireworks can be used?
Criminal offences
While a person must be aged 18 years or over to buy CAT F2 and CAT F3 fireworks, at the moment an adult can give CAT F2 and CAT F3 fireworks to someone under the age of 18 years.
The Bill would make it a criminal offence for someone aged 18 years or over to knowingly supply CAT F2 or CAT F3 fireworks to someone under 18 years.
The Bill would also make it a criminal offence for a person, “without reasonable excuse”, to purchase, acquire, possess or use a Cat F2 or CAT F3 firework without having a fireworks licence. It would also be an offence to sell these types of firework to someone over 18 years old who didn’t have a licence.
The maximin penalty for these offences, if convicted, is a fine of anywhere up to £5,000 and/or a sentence of up to 6 months in prison.
What are your views on these new criminal offences?
Compensation scheme for businesses
The Scottish Government plans to set up a compensation scheme for those business owners whose income may be greatly impacted by the Bill because their main business is importing and/or selling fireworks. The Government estimates there may be about nine to ten such businesses in Scotland.
Do you have any views on a proposed compensation scheme?
Firework Control Zones
The Government proposes to give local councils the power to establish local Firework Control Zones (FCZs) in their areas. The details of how this will work is to be set out by the Scottish Government in a national framework of regulations.
While a FCZ is in operation, it would be a criminal offence to use CAT F2 or CAT F3 fireworks in the zone. It would also be an offence to use CAT F4 fireworks in FCZ (which are professional fireworks used for public displays or events).
Restrictions at certain designated places or events
The Bill will give the Scottish Government new powers to make regulations to control the possession or use of any fireworks or distress and signal flares at certain locations (such as sports grounds) or at certain events (such as public music festivals, or public marches/processions).
Other issues
Do you have any views on any other proposals in the Bill, such as-
Tha Riaghaltas na h-Alba air lagh ùr a mholadh a chuireadh bacadh air mar as urrainn do dhaoine cleasan-teine agus gleus-theintean (pyrotechnics) eile – leithid lasanan (flares) – a cheannach is a chleachdadh.
The Buill air Comataidh Ceartais Eucoraich Pàrlamaid na h-Alba a’ sealltainn air an fhiosrachadh anns na molaidhean, agus iad ag iarraidh faighinn a-mach dè am beachd a th’ aig daoine orra.
Cuidichidh fios air na beachdan agad iad gus smaoineachadh air dòighean a bheireadh leasachadh air an lagh a thathar a’ moladh, agus am bu chòir dreachd a’ Bhile aontachadh na lagh leis a’ Phàrlamaid gu lèir.
Nach lìon thu a-steach a’ Ghairm airson Bheachdan gu h-ìseal. Gus do chuideachadh gus seo a dhèanamh, faodaidh gum bi thu ag iarraidh an cùl-fhiosrachadh a leanas mu na molaidhean agus na briathran bunaiteach.
Mìneachaidhean
Tha cleasan-teine gan seòrsachadh a rèir cho cumhachdach agus a tha iad. Tha iad a’ dol bho CAT F1 (an fheadhainn as lugha cumhachd) gu CAT F4 (an fheadhainn as cumhachdaiche).
Chan fhaodar CAT F4 a reic ris a’ phoball choitcheann a-cheana, agus iad gan sònrachadh dìreach airson taisbeanadh poblach chleasan-teine. Chan eil CAT F1, anns a bheil nithean leithid lainnireagan (sparklers), sna molaidhean a bharrachd.
Tha na molaidhean seo a’ bualadh air cleasan-teine CAT F2 is CAT F3.
Cha bu chòir cleasan-teine CAT F2 a chleachdadh ach le luchd-amhairc 8m air falbh (faid dà chàr) agus
Cha bu chòir CAT F3 a chleachdadh ach le luchd-amhairc 25m air falbh (an aon mheud ri amar-snàimh àbhaisteach).
Please submit your views using the online submission form, linked to below. It is not necessary to answer all questions.
We welcome written views in English, Gaelic, Scots or any other language.
The call for views closes on Friday 11 March 2022.
Share
Share on Twitter Share on Facebook