This support was agreed with a warning that the Scottish government must make changes to ensure that the measures introduced by the bill will be effective, robust, workable and have the confidence of the public – with the committee currently having “very serious” concerns that the bill as drafted will not meet its objectives.

MSPs on the committee supported the general premise that steps need to be taken to address the misuse of fireworks and pyrotechnic devices.

However, in a report on the proposed law published today, MSPs have highlighted a number of potential pitfalls and loopholes in the plans put forward by the Scottish government.

These include:

• ‘Firework control zones’ not addressing the issue many people believe they will, with MSPs recommending consideration be given to creating genuine ‘no-firework zones’ by local authorities, where nobody, including professional companies, can let off fireworks;
• Key details of the proposed licencing scheme will not be known until the bill is passed. The committee is therefore not convinced that the proposed licensing system will achieve the outcomes intended.
• The potential risk that the restrictions on the sale of fireworks will lead to a black market, or illicit sales. How this can be addressed and mitigated should be set out by the Scottish government before any bill is passed.

The committee also commented that while it supported introducing a ban on ‘proxy purchases’, where over 18s buy fireworks legally and give them to those under 18, it is unsatisfactory that the Parliament and committee have been asked to follow an accelerated timetable for scrutiny of the whole bill to allow this particular provision of the new law to be in place by November 2022.

The committee has been unable to clarify whether the Scottish government explored asking the UK government to make the necessary changes to ban proxy purchases, or to have the relevant regulation-making powers transferred to Holyrood.

Criminal Justice Committee convener, Audrey Nicoll MSP, said: “We agree with the desire to address the misuse of fireworks and pyrotechnic devices.

“However, we have concerns about the workability of some of the proposals put forward. We understand that the Scottish government is trying to find a balance between allowing responsible enjoyment of fireworks and stopping what is all too often a dangerous public nuisance, particularly for people with additional needs and pet owners.

“And so, we have backed this bill’s general principles at this stage, and hope to work with the government and key stakeholders in the coming weeks and months to ensure that the issues we have identified can be addressed.

“Substantial changes are still needed to this legislation.”