Fireworks regulations ‘a basket case’, claims Findlay after licensing paused

Firework legislation introduced by the Scottish Government has been described as a “basket case” by Conservative leader Russell Findlay after a key provision was paused.

The First Minister confirmed on Thursday a licensing scheme as part of the Fireworks and Pyrotechnic Articles (Scotland) Act passed in 2022 was put on hold due to concerns over costs.

Speaking to the PA news agency on Friday, Mr Findlay said the legislation was “half-baked” when it was passed.

“The Government typically didn’t listen to the warning from the Scottish Conservatives, we could see that it was a disaster,” he said.

“We could see that it was unenforceable and, inevitably, here we are several years down the line and the Scottish Government casually reveals that they’re not going to implement these key measures.

“It’s a complete basket case, but it’s entirely typical of a Government that is unable to govern and unable to legislate competently.”

Mr Findlay went on to say the Government should have supported the police to enforce laws already on the statute book before creating new legislation which it would then “cherry pick” from.

The legislation was initially hoped to quell firework-related disorder and disruption, particularly in the autumn and winter months around Bonfire Night and Hogmanay, but Mr Findlay said: “I don’t think this legislation, even if enacted, would have prevented further disorder – that’s why we opposed it.

“The point we made at the time, the point that still stands, is the police and the courts already have existing legislation to deal with anti-social use of fireworks, the misuse of fireworks, the mis-selling of fireworks to young people.

“But what we found at the time was this was not being used, it was not being enforced.

“So just get a government that’s competent, instead of a government by press release wanting to waste everyone’s time and money on passing legislation that’s not fit for purpose, get on with enforcing the law, giving the police and the courts the resources they need to ensure that misuse of fireworks is dealt with robustly.”

Community safety minister Siobhian Brown said: “The majority of the Fireworks and Pyrotechnics Articles (Scotland) Act 2022 has been implemented, including providing local authorities with powers to designate firework control zones to tackle hotspots where disorder has been experienced, and a number of these will be in place this year.

“We have also introduced new offences for providing fireworks or pyrotechnics to children and made attacks on emergency workers using fireworks an aggravating factor that courts can take into account when sentencing offenders.

“Anyone taking part in illegal activity or disorder can expect a robust response from Police Scotland, who have a range of powers available to them, for example issuing dispersal zones under the Anti-social Behaviour Act and the Criminal Justice and Public Order Act.

“After careful consideration, the introduction of a licensing scheme was paused due to the significant financial and resource consequences of introducing a complex system for people who want to buy fireworks.”