National Campaign for Firework Safety
Annual Report 1998

The Fireworks Safety Regulations Bill, the first of its kind for 130 years has gone down because of the irresponsible actions of two Tory MPs, Eric Forth and Edward Leigh both former Ministers with responsibility for fireworks back in the 1980s.

The Bill, a Government hand out Bill to a new backbencher attempted to put right a dangerous situation where any kind of fireworks in the most dangerous categories could be imported without licence.  On entering the country they could disappear to under the counter sales away from the scrutiny of Trading Standards Officers.  The Bill would have dealt with the licensing of these fireworks in category 4.  It would have dealt with the licensing of shops and any other retail outlets.  It would have deal with sales period anomaly.  In 1976, a 3 week voluntary sales period was allowed.  That has become three months and sometimes longer since, with people plagued by noise and hooliganism.  The Bill would also have recognised a National Training Scheme for display operators.

All these measures have been lost not because there was no support for them.  Every organisation whether Consumer or Safety, the Fire Brigade, Police Doctors, Nurses and Teachers organisations were united with the campaign and the firework industry in supporting the Bill.  The Bill in fact was the campaign's proposals over many years, especially in regard to the fireworks National Training Scheme.

The Bill had got through all its hurdles both in the Commons and Lords when it returned to the Commons Last July, for its final reading of 2 Amendments mainly to do with the cost of the training scheme to users.  For 5 hours Forth and Leigh discussed this with other mavericks who did not know the Bill nor had taken part in its previous Readings, turning up sand keeping the filibuster going with speeches and questions to each other.  The Official Opposition had supported the Bill, including the previous Tory Minister for Consumer Affairs, John Taylor MP.  No attempt was made by the Tory Front Bench to stop the filibuster, although the Speaker gave various warnings which were not heeded.

At 2.15 pm, 5 hours after the start of the debate on 2 amendments which should have taken one hour to discuss, the Bill was talked out.

The official reason given for destroying the Bill by Forth and Leigh was that they were working on "old briefings" from their days as Consumer Affairs Ministers back in the 1980s, and they thought that they were protecting the firework industry from the Bill.  This was stated during the reading and as a spokesman for  the industry was following the debate he was able to send a message down to the Minister, Nigel Griffiths, which was read out condemning the tactics of the 2 maverick MPs.

Immediately the Bill went down we and the industry asked for Government time to bring back the 2 amendments before the new Session of Parliament, so that after a vote the Bill would have then passed all its readings and would receive Royal Assent.

We approached the Prime Minister through Jonathon Powell, Head of Staff at Downing Street.  We also wrote to the new secretary of State at the DTI Peter Mandelson, and the Junior Minister with responsibility for fireworks Kim Howells.  Tony Blair said that the Bill would have given the Government the capability to address a number of firework issues which cannot be tackled under existing powers".  "It is a great pity that because of a filibuster by a handful of Opposition backbenchers the Bill had gone down.   It finished there.  Nothing else was proposed.
Kim Howells said, "As regards your request that time be given for further debate a Private Members Bill, and it would be wrong of me to encourage people to believe that parliamentary time will be made available".  The problem with the Government attitude is that the Bill emanated from his predecessor Nigel Griffiths and DTI officials, working with the campaign and the Industry.  The Bill was a Government hand out Bill handed to Mrs Linda Gilroy who was offered fireworks or a head on beer bill.  She chose fireworks.

We pointed out that we had heard that a day was coming up in Parliamentary business when a number of Bills affected by Forth and Leigh filibustering tactics could be debated before the new session.  Because of the control freaks at Millbank Tower who run the day to day business of the Government, nobody at the DTI dares to speak out and demand that the Fireworks Bill be returned with Government time.  The Bill could be passed with Opposition support within a couple of hours.

The Health and Safety Executive had already decided some years ago to get rid of the 1875 Explosives Act which included the firework laws.  They have gone and there is precious little left.  There are a couple of measures introduced under the old 1875 Act reserve powers last year by Nigel Griffiths in taking office.  They raised the age for purchasing fireworks from 16 to 18 which has long been recommended by this campaign over 20 years ago.  He also got rid of the high injury Bangers, which had been the bain of peoples lives for over 50 years, causing increasing numbers of injuries each year.  Mini Rockets and Flyabout fireworks were also banned though Flyabout fireworks had been originally banned in 1976.

The most dangerous fireworks in category 4, including large Rockets, Aerial Shells and Maroons have not been licensed and remain available to retailers who claim they had previously sold them and anybody else claiming to be a display operator.

So what have we got in place for this year's firework festivities.  The answer is nothing.  Excuses will be offered and alternatives proposed notably that somehow the Consumer Protection Act covers fireworks, it does not.  Then we will be told that the Health and Safety Executive cover all eventualities, and will somehow track and control imported fireworks when they enter the country with a general product license.  This has not happened since the Tories got rid of the fireworks import license in 1993, consequently the huge problem since.  We have also exported the problem in the past 5 years to the Irish Republic were ordinary sales are banned and firework displays licensed.  Large numbers of people were getting hold of dangerous fireworks and sustaining serious injuries.  The police moved in and confiscated all firework imports.  In the North of Ireland the RUC, under pressure from individual firework salesmen last year allowed fireworks banned for over 20 years be put back on retail sale.  Already there was has been problems.  A ban once again is likely in the absence of the Firework Safety Regulations Bill which would have covered the 6 counties.

Firework Injuries stay high in 1997
Following rises of 100% and 50% in firework injuries in the mid 1990's injuries went down last year by 26% to 908.  This figures for hospital treated injuries only is still higher that any previous total of the last 20 years. There was a lot of bad injuries to the face and eye.  262 injuries mostly serious to the eyes.  Of the total 450 people mostly children required further hospital treatment, some for several months.  Parents, Chemists and GPs treated many thousands more injuries  locally at a cost to the NHS of over £50m.

When the campaign began in the late 1960s official firework injuries were running at almost 3000 hospital injuries a year, with unofficial estimates of all injuries at 100,000.  A few years Trading Standards Officers, conducted a survey in the community and schools and estimated 80,000 actual injuries each year.  Many children who were injured in the 60's and 70's are now disabled adults.  The worst of the injuries are blindness and dismembered limbs.

According to the firework industry 96% of all fireworks are now imported.  Although most firework companies supported the new fireworks bill, there are still a number of companies who would prefer a total free for all with fireworks.  We believe that this is the reason why the Tories abolished the fireworks import license in the early 1990's causing injuries to shoot up by 100% and panic in the official industry.

During the past five years we had worked with the previous Minister for Consumer Affairs, Nigel  Griffiths MP.  Mr Griffiths was unceremoniously sacked in the Ministerial re-shuffle.  We have worked with all the Consumer Affairs Ministers for over 20 years, and other Ministers when Fireworks was at the Home Office.  Nigel Griffiths was by far the most effective not only on the subject of fireworks, but on a huge range of consumer protection topics.  His place has been taken by ( we are told ) a Party man Kim Howells.

Millions of families in the UK have campaigned and campaigned and campaigned on this subject for several generations.  In the past 5 years the campaigning has grown intense through MPs, Councillors, and through most Safety, Consumer and Animal Welfare Organisations as people who work in the emergency services the Police, Fire Service, Doctors and Nurses, have called for new legislation on licensing, training and selective bans on dangerous fireworks.  This has been the policy of the campaign for the past thirty years although it has been deliberately misrepresented by the previous Government, and the firework industry.  Nevertheless the people have always spoke honestly to them each year.  Now there is a movement underway by people who would prefer to see all fireworks banned.  We have always said this would be counter productive and lead to a more dangerous situation.  Only strong measures including the licensing of displays, a National Training Scheme, and licensed retailers, a restricted sales period and the control of dangerous fireworks all part of the Fireworks Bill will ensure the safety for future generations

NOEL TOBIN - DIRECTOR