Chamber and committees

I do not accept that. We are in a very different place financially, which is why we have had to implement the act with a staggered approach. I am happy, in a public awareness campaign, to note that we are doing that because of the financial implications of our budget.

Thank you, convener—you raise a very valid point. I will come on to how we got to the capacity of 1,000 in the first place, and then I might bring in my officials to comment further on that.

The 1,000 capacity threshold was designed to provide certainty for the organisers and attendees and for the police who are enforcing the law around the offences. The designation refers to the capacity of the venue where the event takes place. I accept that, when deciding on a figure in that way, it is always challenging to set a fixed number as a limit. The 1,000 capacity was reached in order to ensure proportionality and that additional restrictions apply where they could be most necessary and effective, and in keeping with the scope of the 2022 act.

Larger-sized events are included because the available evidence suggests that pyrotechnic misuse is more likely at larger events. The risk of potential harm from pyrotechnic misuse in crowded places and larger groups also includes the risk of crowd panic and surge. That does not mean that it is acceptable or safe to take pyrotechnics into smaller venues. The broader public place possession offence will provide a significant level of protection at all music events, regardless of whether they have been designated, because it prohibits the possession of most pyrotechnics, including fireworks, “without reasonable excuse”. Engagement with relevant stakeholders has shown that such events already restrict any attempts to bring in or use prohibited items, including pyrotechnic articles. As you know, at music events, bags are already searched for alcohol, so designation will not place any additional burden on the people who organise and manage such events.

Because those provisions will come into force on 6 June, I am very keen that we have a public awareness campaign, so that everybody knows that the 2022 act will be implemented and that it will be an offence to bring pyrotechnics into larger and smaller events.

Do my officials want to comment further?

On firework control zones, the 2022 act sets out the requirements on local authorities as part of the process of considering and designating firework control zones. They include a requirement to consult widely on any proposals to designate new zones, as well as a requirement to publish any decisions as a result of consultation 60 days before a new control zone comes into effect.

I appreciate that there might be a shortage of time. My officials are working with two local authorities at the moment to ensure that they can have measures in place this year. Time has been required for a meaningful co-design process to be progressed with local authorities, communities and wider stakeholders to develop effective guidance for local authorities on the consideration and designation of firework control zones.

It has therefore not been feasible to commence the powers earlier than was planned for the commencement regulations to be laid in June. It is possible for local authorities to undertake the process once the powers come into effect, ahead of the summer recess, although the timescales will be challenging, as I have said. We are therefore working closely with a small number of local authorities that we know have a strong desire to use the power promptly to designate the zone ahead of bonfire night this year.

Consultation and engagement with local authorities has informed the approach that we have taken, and, to continue to build on that, the Scottish Government, in partnership with the Scottish Community Safety Network, will undertake a programme of engagement with local authorities following commencement of firework control provisions to further raise awareness of the powers and how they could be used to tackle fireworks issues moving forward

On the licensing scheme that you mentioned, you are correct—we do not have detail on that, because, as you know, it has been delayed, but I can let you know that the act sets out the core elements of how the licensing scheme will function and the requirements that will be put in place. Subsequent secondary legislation will be utilised to set out the operational and administrative details of the system. My officials are developing proposals with the consultation as part of the overall programme to implement the licensing scheme, and I am happy to keep the committee updated on all progress as that work continues.

The licensing scheme and the restricted days will be together. There are six parts of the bill that have to be implemented. If you will just bear with me for a moment—

The financial year after 2024, after the licensing—

—and then the restricted days with compensation.

The days of sale measure. First, the bill was not rushed through. The bill was subject to an accelerated parliamentary timetable to enable the proxy purchase provisions and the emergency workers aggravation to be in force ahead of bonfire night in 2022. The bill was developed from a longer-term in-depth review of and public consultation on fireworks legislation and police powers, in response to the serious incidents on bonfire night back in 2017. The outcomes and recommendations of that review were published in 2019, and we continue to work in collaboration with key stakeholders to develop—

However, our budget—our fixed budget—is £1.7 billion less than it was a year ago, due to the crashing of the economy. We are in a very different place, so we have had to make hard decisions. I am very keen that the measure will be implemented, but it will take a little bit more time.

That is a police operational matter that I cannot get involved in. I want to bring in Mary Hockenhull, one of my officials, who can comment on that.

Can I just clarify which key measure? Is it the licensing system?