Clause 4 - Prohibition of supply etc.
Fireworks Bill
3:15 pm
Professor Ross Cranston (Dudley North, Labour)
I raise another issue about the regulations that may be contemplated under subsection (2). The possibility of regulations limiting the type of fireworks sold to young people comes under clause 3, which is important to deal with antisocial behaviour. The hon. Member for Blaby was right to say that that is already prohibited under the Explosives Act 1875. For instance, under that Act, one cannot throw fireworks in public places such as in the road. One would have thought that that, coupled with the penalty notice provisions recently introduced by the Government, gave us effective control over that sort of antisocial behaviour.
Hon. Members will appreciate that we have a problem with enforcement—one has to catch the people. It is important that we deal with the problem of possession. Clause 3 deals with young people in possession of fireworks. They can be caught even though the police have not seen them throwing the fireworks and engaging in antisocial behaviour; they
can be caught with the fireworks in their pockets. By way of digression, there are all sorts of legal problems about the issue of possession, but if the fireworks are found in someone's pocket, there is no problem. However, the question is how to take regulations beyond the prohibition contemplated in clause 3—possession by people under a certain age—and address other situations where there may be possession.
We know, for example, that old people buy alcohol and give it to young people, so young people are not necessarily prevented from having it. They cannot buy it if shopkeepers are enforcing the law but they can get it anyway. We can deal with that issue of possession but what regulations is the Minister contemplating to deal with other sorts of possession? Subsection (1) talks about possession
''during hours of the day''.
One could imagine a regulation that would make it an offence for people to have fireworks between the hours of 2 and 6 am. What has been considered?
It may be unfair to ask the Minister that question because antisocial behaviour is a question more for the Home Office. My right hon. Friend the Member for Southampton, Itchen (Mr. Denham), who recently resigned as Minister with responsibility for policing, answered some questions that I tabled earlier this year. He was conducting a monitoring exercise through several pilot projects in different parts of the country. However, I ask the question because possession is crucial to stopping antisocial behaviour. It is all very well prohibiting sales to certain people but possession must be dealt with. Therefore, it would be useful to know what regulations may be contemplated under subsection (2).