Chamber and committees

You have raised a really valid point. We will go away and consider it, and we will get back to the committee on that point.

My understanding is that it will be sent to the SLC, but Michael Paparakis might have more to say on that.

You have raised some valid points and I am happy to take that into consideration.

I am happy to take that issue away and to look at providing more information to the committee on how we can raise more awareness around the different types of trusts.

Thank you, convener, and good morning, committee.

This suite of two regulations will expand the functions of the First-tier Tribunal for Scotland general regulatory chamber to include hearing appeals against decisions of a local authority to issue penalty charge notices in relation to the low-emission zone scheme, the workplace parking licensing scheme and the dropped-footway parking, double-parking and pavement-parking prohibitions. The regulations will also amend the chamber’s composition and procedure rules to include such appeals.

The Scottish tribunals structure was created by the Tribunals (Scotland) Act 2014, which introduced the new, simplified statutory framework for tribunals in Scotland. It consists of the First-tier Tribunal and the Upper Tribunal. The Transport (Scotland) Act 2019 provides legislation that enables the creation of low-emission zones, workplace parking schemes and the new parking prohibitions. The act allows for the civil enforcement of all of those by local authorities. The route of appeal against local authority penalty charge notices for each of those is the First-tier Tribunal.

The First-tier Tribunal for Scotland (Allocation of Functions to the General Regulatory Chamber) Regulations 2023 provide for the appeal functions that I have mentioned to be allocated to the First-tier Tribunal’s general regulatory chamber.

The First-tier Tribunal for Scotland General Regulatory Chamber and Upper Tribunal for Scotland (Composition and Rules of Procedure) (Miscellaneous Amendment) Regulations 2023 amend existing regulations that make provision in relation to the rules of procedure of the general regulatory chamber when it hears parking and bus lane appeals. Those rules of procedure will apply, with modifications, to appeals against decisions of the local authority to issue penalty charge notices relating to the new low-emission zone scheme, workplace parking schemes and the new parking prohibitions. The rules will now refer to “Transport Appeals”, to include all new and existing appeals.

The regulations also amend the existing composition regulations for the general regulatory chamber in hearing parking and bus lane appeals. That provides for the new appeals to be heard by a legal member alone in the First-tier Tribunal, as is the case with the parking and bus lane appeals. The Scottish tribunals will be able to hear such appeals as of 1 June 2023.

The two instruments play a part in enabling the general regulatory chamber to hear such new appeals. I understand that the Delegated Powers and Law Reform Committee considered the regulations on 28 March and that no points were raised.

I will be happy to answer any questions, convener.

If I may, convener, I will update the committee regarding the proxy purchase offence and the emergency worker aggravation. When the committee received the letter on that, you wanted to know whether there had been any arrests in that regard, so I had an update on the matter this morning.

Following the disorder involving fireworks that was witnessed on Halloween and bonfire night last year, my officials have regularly liaised with Police Scotland regarding offences and charges. As of this morning, there had been two charges. We do not know the exact detail, and I cannot get into that at the moment but, if we find out more, I will be happy to share that with the committee.

Police Scotland has advised that, at this stage, investigations by Police Scotland and the Crown Office and Procurator Fiscal Service are continuing and that information relating to the specific cases is not yet available in the public domain. I reassure the committee that I consider gathering data in relation to the proxy purchase offence and the emergency worker aggravation to be a priority to understand how those provisions are being used along with other firework-related charges in response to the misuse of fireworks. My officials will continue to liaise with Police Scotland and we will continue to monitor the situation. I am always happy to keep the committee updated on progress.

I will bring in Mary Hockenhull in a moment. The estimated costs for implementing measures in the act have not changed and remain as detailed in the original financial memorandum, which estimated ranges for cost savings and changes in revenue. The estimates were based on the information, evidence and data that were available on fireworks and pyrotechnic articles, which came mainly from the two large-scale public consultations, the work of the independent fireworks review group and the Scottish Government working group on pyrotechnic use. In addition, the Scottish Government met and engaged with stakeholders to request and examine the information, data and estimates.

I will bring in Mary Hockenhull but, as I said in my opening statement, we are now in a very different place, financially, from where we were even a year or two ago, when the legislation was introduced. It is not to do with the cost of bringing it in. It has been delayed due to our finances, given our fixed budget.

I was not aware that that was currently in the SPICe information, but I am happy to speak to officials and have that information updated as soon as possible.

I am happy to report back to the committee on that.

Good morning. Thank you for the opportunity to speak today about these two sets of regulations relating to the Fireworks and Pyrotechnic Articles (Scotland) Act 2022. I will go through the regulations and then give an update on where we are with the act.

The two sets of regulations, along with the commencement regulations, will allow the pyrotechnic possession offence provisions in part 5 of the 2022 act to take effect from 6 June.

The reckless and dangerous misuse of pyrotechnics at events is a growing problem. I strongly believe that this legislation is necessary if we are to ensure that preventative action can be taken to stop it in all places where it occurs.

Most recently, the misuse of pyrotechnics at football matches has been the focus of much media attention. I am sure that we have all seen the unacceptable images of whole sections of stands lit up with flares and blanketed with smoke. However, pyrotechnic misuse is not limited only to football; it happens at music concerts, festivals and public gatherings.

Such misuse has the potential to cause serious harm and to distress those in the vicinity, including through the smoke that is emitted. Physical risks include burns, the maiming of limbs, hearing injuries and breathing difficulties, particularly among people with health conditions such as asthma. There is also a risk of crowd panic and crowd surge when pyrotechnics are used unexpectedly in crowded places, and there is the risk that using them will cause fear and alarm through the noise of explosions and the brightness of flares.

Key to the new legislation is the ability to take action before a situation potentially becomes dangerous for the individual or those around them, including police officers and security staff.

Taking a pyrotechnic article into a designated football ground is, of course, already a criminal offence. However, by the time that an individual has reached the ground, the ability to take preventative action can be hindered by the volume of people entering the ground at the same time. Once a pyrotechnic has been carried into the ground, and certainly by the time that it has been deployed, it can be extremely difficult for the police and security staff at the ground to identify, isolate and detain the culprit safely.

In developing the legislation, we listened to our partners and stakeholders, including Police Scotland, the Scottish Police Federation, health advocacy groups and the wider public, who made it clear that something more needed to be done. That is why the 2022 act created two offences relating to the possession of pyrotechnics: first, an offence of being in possession of a pyrotechnic article, excluding F1 fireworks, in any public place “without reasonable excuse”; secondly, an offence of being in possession of any pyrotechnic article, including all fireworks, at a designated sporting or music venue or event “without reasonable excuse”.

In passing the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 last year, the Scottish Parliament overwhelmingly agreed that the introduction of those offences was necessary. The Scottish statutory instruments that are being considered today ensure that those offences can operate effectively, proportionately and transparently.

Although the draft Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (Consequential Modifications, Saving and Transitional Provisions) Regulations 2023 is a fairly technical instrument, it is necessary in order to give full effect to the new offences. The regulations repeal the offence relating to pyrotechnics in certain sports grounds, which is set out in the Criminal Law (Consolidation) (Scotland) Act 1995. In practice, that offence currently applies only to certain football matches and stadia, and it is no longer needed, as the new offence will apply to all designated venues or events, including football matches. The instrument also ensures that any relevant criminal proceedings that are already in progress under the 1995 act at the time of commencement can continue and that the accused in any such case will receive parity with regard to the available defence.

The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (Designation of Events and Incidental Provision) Regulations 2023 designate

“the class of sporting events”

and “music events” for the purpose of section 36 of the 2022 act. The regulations provide that the new offence will apply to live sports events before an audience and in a venue with a

“capacity for 1,000 or more”

spectators and that it will also apply to live music performances, again in a venue with

“capacity for 1,000 or more ... within the audience”.

In relation to music events, such as festivals, the regulations will also cover areas such as camping sites that are linked to the event.

In designating classes of sporting and music events in that way, and by the creation of two distinct offences in the 2022 act, we ensure proportionality in the restrictions that are applied to the different places. We ensure, too, that the new legislation maintains and adds to the protection of sports grounds that was set out in the 1995 act.

The 2022 act provides the police with a

“stop and search”

power

“without warrant”,

when reasonable grounds exist on which to suspect that a person is committing an offence under the act, which supports the intelligence-led policing that the police already carry out at many sporting and music events.

We are clear that the legislation is about preventing the misuse of pyrotechnics and not about preventing the spectacle of professionally organised pyrotechnic displays at events or the use of safety flares. It is vital that we do nothing that could inhibit the possession and use of potentially life-saving devices for those people who are involved in activities such as sailing, mountaineering and hill walking.

A need exists, therefore, for clear messaging and awareness raising to accompany the new legislation, which will ensure understanding of, and increased compliance with, the law. That is why we have been engaging with a wide range of organisations, including football authorities, the events industry, Marine Scotland, the Royal National Lifeboat Institution, the Royal Yachting Association, Asthma and Lung UK and the Epilepsy Society in advance of the commencement of these provisions. I have also asked my officials to develop a public awareness and information campaign to coincide with the commencement of the new offences, in early June, and we will continue to involve those key organisations as that campaign is developed and implemented.

The SSIs that are being discussed today are necessary to allow the provisions of part 5 of the act that was passed by Parliament last year to operate effectively and proportionately. That is essential if we are to enable positive preventative action to stop the misuse of pyrotechnics, which is a problem that the committee has already agreed needs to be addressed.

I understand that the committee would like to discuss implementation timescales for the remaining measures of the 2022 act. The on-going challenging financial context is significantly impacting our ability to implement the remaining measures in the originally anticipated timescales. Since the passage through Parliament of the bill that became the 2022 act, the financial context has shifted significantly, and decisive budget decisions have been required to ensure that vital public services across the justice portfolio—and wider portfolios—are protected.

Although full implementation of the 2022 act will take place over a longer period, the revised timings will continue to build on the good progress that has already been made and will deliver further positive change, year on year, for our communities.

The revised timescales mean that, as was originally planned, the firework control zone provisions will commence in June, ahead of bonfire night this year. I intend to lay commencement regulations in Parliament before the summer recess in order to deliver that. The personal fireworks licensing system will take effect in autumn 2024 at the earliest, and the restricted days of supply and use provisions, as well as any related compensation arrangements, will commence in a future financial year beyond 2024.

I reassure the committee that I am committed to the implementation of the 2022 act and believe that the adapted, incremental approach to its implementation is the best route forward in delivering tangible changes in the light of the unprecedented financial challenges that we currently face.

I am happy to take questions from committee members.