The final new petition for consideration today is PE1687, on the regulation of fireworks displays in Scotland, by Jane Erskine. It calls for a review of the existing regulations governing fireworks displays in Scotland to protect animals from fear and distress.
It appears from the background information on the petition that one of the petitioner’s principal concerns is about who is responsible for enforcing the regulations under the relevant legislation. The SPICe briefing provides information on the Fireworks (Scotland) Regulations 2004, including the different categories of fireworks and the curfews to which they are subject. The briefing also discusses the issues identified by the petitioner with regard to responsibility under the Animal Health and Welfare (Scotland) Act 2006, and notes that, as recently as October 2017, the Cabinet Secretary for Environment, Climate Change and Land Reform stated that the Scottish Government had no plans to review the existing regulations in the area.
Do members have any comments or suggestions for action?
I have some empathy for the petitioner, because a neighbour of mine decided to have a huge fireworks display right above my horses, which sent them into absolute panic and they went through a fence.
We need to ask some questions on the issue. Although, on the whole, fewer people now let off personal fireworks than was the case when I was young, how we regulate them and how we make sure that people act sensibly with them is still an important issue, so we should seek the views of the Scottish and UK Governments on what is being asked for in the petition.
The fact that the sale of fireworks is a reserved matter makes it a complicated issue. I have huge sympathy with the petition. I do not like fireworks unless it is an organised display. We should seek the views of the Scottish and UK Governments, but I fear that the split nature of the responsibilities, with the licensing being devolved and the sale of fireworks being a reserved matter, complicates matters.
I certainly agree with Rona Mackay and Michelle Ballantyne. I have a lot of sympathy with the petition. It is a recurring issue in my casework and, I am sure, in that of other MSPs. As has been said, there has clearly been an issue with addressing it properly because it is a reserved issue—the sale of fireworks is regarded as a consumer safety issue. The fact that the 2004 Scottish regulations introduced a curfew has helped a bit, but there is still room for improvement. I would be keen for us to seek the views of the Scottish and UK Governments.
I know that there is a lot of personal responsibility involved in letting off fireworks, because I once let off fireworks for the street in my back garden. That responsibility involves going round all your neighbours, especially the ones who have pets, and making sure that they know what is going to happen and at what time. People are obviously not doing that. I wonder whether we have the legislative ability to make that change, but I certainly agree with Angus MacDonald that we should write to the Scottish Government and seek its views.
This shows my age, but I was very involved in the debate on the Fireworks (Scotland) Regulations 2004. The regulations came about not so much because of thoughtlessness with regard to pets but because the letting off of fireworks was a form of antisocial behaviour that was intimidating people in communities. My sense is that that calmed down for a long period of time. I have not picked as many issues with that as there were in the past. At one point, it was a horrific situation.
The question that we need to ask is how we manage the purchase of fireworks. The regulations were introduced in 2004, which was before online buying came in. The extent to which we can manage the process is an important issue. Back in 2004, there was a desire to move people towards more public displays, because of the safety element for children and so on. There is some reference in our papers to the number of accidents. It would be interesting to know whether that has gone up or down.
I think that we agree that we should write to the Scottish and UK Governments on the action that is called for in the petition, recognising that there are competing interests here. There are people who like the idea of a fireworks display—there are sometimes fireworks displays at weddings, for example, which did not used to be the case—whereas there are pet owners who think that any form of fireworks display can be very frightening for animals.
The other point to make is that the curfews are always broken—no one sticks to them. Where I live, fireworks can go off at midnight and after. We should find out whether there is any way that that could be better regulated.
Regulation is one thing; the other thing is enforcement. That is true in relation to many antisocial behaviour issues. With a lot of low-level antisocial behaviour involving noise and so on, the question is the amount of resources that a council can invest in getting somebody to go and check things out.
The petition focuses on animals in rural areas, so it is looking at what happens to all those animals—particularly those that are in fields—that suddenly find fireworks breaking over the top of them. That can send flocks of sheep and cows into apoplexy, with the result that they charge across fields. Horses in particular can go berserk, and the subsequent injury can be quite significant. That impact is different from the impact on dogs, for example, which will still be frightened but will often be in the house with their owner. There is a particular problem with those animals that are out in the open, which might be unattended, so there will be nobody there to reassure them.
Does the committee agree to seek the views of the Scottish Government and the UK Government on the action that is called for in the petition? The petitioner will be afforded a further opportunity to respond when we receive those submissions.
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