The hon. Gentleman makes a good point, which I was not going to raise, but it is pertinent, and it is right to make it, so I thank him.
There do not appear to be figures for the average length of the UK garden, but it has been suggested that the typical British garden is 50 feet long. If that is correct, many modern houses will not have gardens of the required size to ensure the safety of spectators when F3 fireworks are let off. Obviously, the consequences, should anything go wrong with the fireworks, are likely to be greater the closer the spectators are to them.
Trading standards and the fire service can have control over the storage arrangements at sites only if they are aware of those sites, which means only if they are licensed. Recent guidance to those bodies has encouraged them to be more proactive about storage conditions and quantities at licensed premises. In Suffolk the number of small independent retailers storing fireworks has dropped considerably in the past 10 years. It is unclear whether that is because of a lack of demand or an increase in the number of major supermarkets selling fireworks. Also in the county, trading standards continues to find minor issues with storage arrangements, with the occasional more serious problem being found on unannounced inspections. However, there have not been any major storage issues resulting in prosecution since 2010. In general, Suffolk County Council believes that the controls and powers that are in place are appropriate and sufficient to ensure that where unsafe storage issues are found they can be rectified without the need to resort to more formal measures.
In recent years the number of allegations about sales via social media such as Facebook has increased nationally and in Suffolk. Such sites are difficult to control as they are often promoted through private selling groups and thus they are not visible to all users. The sites often require investigators to “friend” the seller or join the group to determine how or where the fireworks are being sold. The Regulation of Investigatory Powers Act 2000 requires local authorities to obtain approval from magistrates courts before formal intervention can be contemplated, and that makes investigating allegations difficult, especially given the short time constraints of the firework season. The control of sale is currently limited to restrictions on age and on period of sale—generally between 5 October and 5 November—and controls on the quantity supplied. In the UK we limit the sale of F2 and F3 fireworks to those aged over 18. In many parts of Europe F2 fireworks can be purchased by anyone over 16.
It is also appropriate to raise an issue that links sales, storage and safety. It concerns the current exemptions for the storage of less than 5 kg net explosive content. I am advised that in some places in the north of England it has been reported that some businesses are trying to get round the need to hold a licence by restricting their onsite storage to less than 5 kg NEC while keeping their remaining stocks hidden. There is concern that some fire authorities would therefore not know of the existence of fireworks on a property, which could put both firefighters and the public at risk. Some in the fire service would like to remove that exemption, but that would need careful consideration, because if it were not implemented properly many other businesses that store less than 5 kg NEC perfectly legitimately could be affected.
Suffolk County Council also makes suggestions on how existing regulations could be improved. First, it touches on insurance. The issue of public liability insurance was raised by my hon. Friend the Member for Stafford (Jeremy Lefroy) in a debate on 18 November 2016, when he highlighted the case of a fire at SP Plastics in Stafford in 2014. The business suffered financially due to neither the individual business nor the licensee having appropriate cover in place. While health and safety legislation does not require public liability insurance, it is now recommended that those manufacturing or storing fireworks should hold it. That advice has been added to the Health and Safety Executive website and to the “Guidance to Applicants” section on the licence application form.
Suffolk trading standards receives information from Her Majesty’s Revenue and Customs on all firework imports. That information is then disseminated to the relevant district council and the HSE where the consignment is destined. While in theory that allows the council and HSE to monitor the amount of fireworks being stored at their licensed sites, the information provided by HMRC can be sketchy at times and there is little or no enforcement of the requirements. Even where the information is provided, many authorities have suffered cuts to their budgets that restrict their ability to monitor imports adequately.
I sense that I have probably stretched my time a little. I have more to say, but I will come to my conclusion, which is that the Government should adopt a systematic approach to the collection of the statistics. Having considered the extremely helpful information put together
by Nigel Howlett at Suffolk trading standards, I believe that, on balance, there is a case for amending the current regulations, although it is vital that a full consultation and regulatory impact assessment take place before any changes are made. That should include all those businesses in the supply network; we must remember that the vast majority of them are responsible, and it is vital that their views are heard. Thank you for bearing with me, Mr Walker.