Clause 1 - Introduction
Fireworks Bill
2:30 pm
Miss Melanie Johnson (Parliamentary Under-Secretary, Department of Trade and Industry; Welwyn Hatfield, Labour)
I welcome you, Mr. Benton, to the Chair. I also welcome the remarks of the hon. Member for Blaby (Mr. Robathan) in support of the Bill. I, too, express enthusiasm for the Bill.
I clearly understand the philosophical point made by the hon. Gentleman. However, I am advised by parliamentary counsel that amendment No. 2 is different from the others. Only that amendment would have an effect on the Bill, in so far as it would lead to fireworks regulations being subject to the affirmative resolution procedure; they are currently subject to the negative procedure. Only that amendment would have the effect that the hon. Gentleman seeks, and that would happen under clause 16(3).
I am informed that amendments Nos. 1, 3 and 4 do not achieve anything; they are technically defective. I hope that hon. Members will not press me too much on the detail, but the reason is the interaction of the amendments with the wording of clause 16, which deals with the parliamentary procedure for making regulations. It is probably a technical matter.
If the hon. Gentleman and others are concerned about the powers that the Bill would give the Government and wish to table further amendments in lieu of amendments Nos. 1, 3 and 4, or if they want the Government to deal with the matter on Report, we shall be as helpful as we can. However, I am happy to accept amendment No. 2 if the Committee so desires. As I say, it would make orders subject to the affirmative resolution procedure that would otherwise have been subject to the negative procedure.
I turn to the previous private Member's Bill on fireworks, which was introduced by my hon. Friend the Member for Plymouth, Sutton (Linda Gilroy). The concerns that were expressed at that time have already been addressed. Clause 1(2) and clause 14(3) provide powers to introduce regulations. The regulations that existed at the time that the previous Bill was discussed are those that were thought to cause problems. The regulations are now secure.
Regulations under those powers are to be subject to affirmative procedure. It may be that some of the difficulties or potential concerns that the hon. Member for Blaby has just outlined are addressed by different drafting in the present Bill. That addresses part of the problem.
I am happy to accept amendment No. 2 and to look at the need for further amendments. However, amendments Nos. 1, 3 and 4 cannot be accepted.