Written evidence submitted by Rodney Edmondson (FWS0127)

Does the law provide an appropriate balance between allowing for the safe enjoyment of fireworks by the public and minimising the risk of fireworks harming people, property or animals?

Fireworks are not 'traditional'

Government and the fireworks industry sometimes argue that fireworks have a long history of availability to the general public and that fireworks should be permitted because they are a 'traditional' entertainment. This is a false argument because very many 'traditional' pastimes or entertainments such as dog fighting, badger baiting, cock fighting, human freak shows, circus animal shows, etc., which used to be very popular and were once regarded as 'traditional' entertainments, are now regarded with abhorrence and disgust. The argument that a pastime or an entertainment is 'traditional' does not justify the infliction of suffering and misery. Furthermore, the 'traditional' use of fireworks was always restricted to a very narrow time period viz November 5th in England and Wales and New Year's Eve in Scotland whereas modern marketing encourages fireworks use at any time of the year. Hence the argument that modern fireworks are a 'traditional' entertainment is completely irrelevant for modern fireworks regulation.  

Fireworks are not 'private'

Government and the fireworks industry sometimes argue that fireworks are 'harmless private entertainment'. However, fireworks are audibly and visually highly intrusive and conventional fireworks are highly unsuitable for ‘private' family entertainments. Modern fireworks are explosive pyrotechnic devices and some fireworks have the potential to cause severe cause physical, emotional and environmental damage. Anyone over the age of 18 can buy and use fireworks up to and including Category F3 fireworks at any time of the year and in virtually any quantity. Category F3 fireworks are large display type fireworks requiring a safety distance of at least 25 metres which is far in excess of the space available for most 'private family entertainments'. F3 fireworks can produce extremely loud and frightening explosions and are extremely dangerous devices in untrained or irresponsible hands. Category F3 fireworks are totally unsuitable for 'private entertainments' and should never be sold to untrained and unlicensed individuals.

Fireworks in mainland Britain

There is a huge social and financial cost due to fireworks misuse and in many areas of mainland Britain fireworks are out of control, as attested by the numerous fireworks petitions submitted by the general public each year. Many elderly people and young children who are not represented in these petitions are especially vulnerable to fireworks. In Northern Ireland, anyone wishing to buy fireworks for 'private' use must be licensed. This is because, according to Alban Maginness, 'There is no doubt that the free availability of powerful fireworks has added to the potential arsenal of those intent on causing injury and death.' Unfortunately, the same is now true of mainland Britain where fireworks attacks on the police, fire-crews and ambulance staff is increasing year-on-year. For these reasons, Government should respond to the great public concern about fireworks and should provide much stronger restrictions on the availability and use of powerful fireworks by members of the general public. 

How effectively are the existing laws enforced by local authorities, trading standards, the police and others?

Anti-social behaviour

The level of anti-social behaviour with fireworks is very significant. In recent years, there have been a substantial number of reports in the press of the deliberate use of fireworks as weapons to attack people and animals and there are numerous reports of fireworks attacks on police, fire and ambulance crews. The deliberate use of fireworks to frighten or injure people and animals is now commonplace and occurs at all hours of the day and night irrespective of the legal curfew on the late-night use of fireworks. Typically, this behaviour is due to young men and boys, many of whom are below the minimum legal age to purchase or to have possession of fireworks in a public place. The main cause of anti-social fireworks behaviour is the widespread and easy availability of fireworks and it is useless to expect the police to deal with the very large number of anti-social fireworks incidents while leaving the supply of fireworks unchecked. The only cost-effective way to control the number of anti-social fireworks incidents is to reduce the supply of fireworks by the much more stringent regulation of fireworks sales.

Black market fireworks

Government and the fireworks industry have sometimes argued that restrictions on the legal supply of fireworks would result in a black market in fireworks. In fact, the exact opposite is the truth. It is the widespread availability of legal fireworks that drives the black-market demand for ever-more powerful types of illegal fireworks. There is already a thriving black market in illegal fireworks in the UK and since the regulation of fireworks in the UK is already amongst the most lax in Europe, this is strong evidence that a free-market in legal fireworks will do nothing to reduce the black market and may indeed encourage it. Black-market fireworks are difficult for the police to detect and control precisely because they cannot be easily distinguished from 'legal' open-market fireworks except by expert trading standards officers. The continued widespread availability of 'legal' fireworks drives the demand for ever-more powerful 'illegal' black-market fireworks and the only way to reduce and control black-market fireworks is by reducing and controlling open-market fireworks. Contrary to some Government and industry statements, stricter regulation of 'legal' fireworks is essential for the better control of black-market fireworks and, far from increasing the demand for black-market fireworks, stricter regulation would dramatically reduce demand, as is witnessed by other countries such as Belgium, Germany, Holland, Ireland and most of the Scandinavian counties. all of which have strict regulation and strict permitted times of use for fireworks. 

How do the roles of public and private firework displays differ? What evidence do we have about how dangerous or safe different types of firework displays—public and private—are?

Accident data

The following Table shows a breakdown of actual fireworks injuries taken from NHS records for England and shows the counts of hospital admissions and A&E attendances for England from 2008-2018 sourced from NHS Digital data. The annual data is subject to variability but there is a clear trend of increasing total numbers of hospital admissions with the totals for each of the last three years from 2015 to 2017 being the highest for the last 10 years. Furthermore, the total hospital admissions for children from age 0-14 years has risen steadily year-on-year for at least the last 5 years with the total count of 61 for 2017 being almost three times the count of 22 for 2012 and 2013. Hospital admissions imply extremely serious burns or injuries and the data shows a clear trend of increasing numbers of serious injuries each year due to fireworks. The annual totals for children from age 0-14 are especially concerning because the increasing year-on-year totals show the strongest possible evidence of the increasing misuse of fireworks by children. The A&E attendance data is less clear because the 2012 data was incorrect (confirmed by NHS Direct) and the 2011 data also appears suspect. However, comparison of the years 2012-2017 with the years 2007-2009 does suggest that there has been a substantial increase in A&E attendances in recent years. Most of these injuries are caused by accidents at 'private' fireworks displays (ROSPA) and are often due to the misuse of fireworks. Accidents to children are extremely rare at organized events because children are not allowed to handle dangerous fireworks at properly organized events. According to ROSPA “If you want to stay safe this year, think before you decide to buy your own fireworks. It is a safer option to go to an organised display rather than put your family at risk by holding your own display."

It should be noted that Scotland and Wales do not record fireworks injuries as a separate category but it is probable that the fireworks accident and injury counts for Scotland and Wales would be proportionately at least as high as those for England if the data was available.

How should laws around fireworks take account of the needs of particular groups such as the emergency services, retailers, cultural and religious communities, veterans, children or people with disabilities?

Should there be specific rules to protect animals?

The RSPCA are campaigning to change the use of fireworks by restricting the private use of fireworks to certain traditional dates and by reducing the maximum noise levels from120 decibels – above the human pain threshold for noise – to 97 decibels. Restricting private fireworks use to category F2 or less and restricting the maximum noise levels to 97 decibels or less would greatly reduce the danger and stress suffered by animals both domesticated and wildlife.

Are the public and event organisers sufficiently aware of the necessary safety precautions when using fireworks?

Suggested restrictions on use

i)                    'Private' fireworks 'events' should be permitted only on certain specific occasions such as November 5th, New Years Eve and, where appropriate, for specific communities celebrating particular events such as Chinese New Year or Diwali.

ii)                  Only category F1fireworks such as 'sparklers' and certain relatively less hazardous category F2 fireworks, should be available for sale to untrained or unlicensed individuals for use at 'private' events.

iii)                The permitted period of sale of fireworks to the public should be much shorter and, in particular, the current period from 15th October to 10th November should be reduced to one-week preceding November 5th. There can be no possible justification for selling Bonfire Night fireworks after November 5th.

iv)                All fireworks displays outside the permitted periods should be required to give notice of an event so that anyone likely to be affected by the event can either object or take precautions to protect themselves or their animals.

v)                  Fireworks displays cause upset and disruption for neighbours and communities and should not be regarded as appropriate for other forms of celebrations unless it can be shown that silent and unobtrusive fireworks will be used.

These conditions will not prevent fireworks displays by responsible and properly trained organizations but will ensure that such displays are safe and cause a minimum of upset and harm to others.

March 2019