HC Deb 13 June 2003 vol 406 cc977-9
Mr. Leigh

I beg to move amendment No. 65, in page 5, line 33, leave out Clause 9.

First, I am grateful to the Minister for accepting amendment No. 66, so that category 1 and 2 fireworks will no longer effectively be dealt with by the Bill. That is good progress.

This is a probing amendment that seeks to determine why clause 9 is necessary. I accept that some extremely unpleasant and unsafe fireworks are being manufactured around the world, which we may not want here, but why cannot the Minister use powers provided elsewhere in the Bill and in earlier regulations to deal with such products? Why is it necessary to have a separate clause on imports? The Minister may be able to give a good reason.

The Minister will also want to explain how the clause impacts on Europe and the single market. I am sure that the clause does not apply to imports from the EU. Bearing in mind what the Minister has said, there will probably be agreement throughout Europe on a decibel limit of about 120, so imports will presumably be on that basis. I am sure that the Minister will assure the House that clause 9 in no way militates against the free exchange of fireworks across the EU, which adds to competition and creates choice in a free market—all the things that we are in favour of.

Mr. Robathan

The clause is of immense importance and I shall be interested to hear what the Minister has to say. Many of the problems that are associated with fireworks are the result of some rather dodgy importers. My hon. Friends have improved the Bill and made some good points, but I would not wish to see the amendment carried.

Mr. Chope

I shall be interested to hear what the Minister has to say about the single market and on the issue of personal imports that was mentioned earlier. Is it envisaged that there should be restrictions on personal imports of fireworks? If people go to Calais or Boulogne and buy a case of fireworks, or fill up the back of their white van with fireworks instead of with booze, will they be restricted by the clause?

My understanding of the thinking behind the clause was that something needed to be done to control the situation between the point where fireworks were imported, for example, Felixtowe docks, and the place where they were stored. If that is the mischief that needs to be addressed in regulations, I question whether prohibiting the import itself, or putting conditions upon the importer, is necessarily the right way to proceed. I look forward to hearing what the Minister has to say.

Mr. Tynan

I am concerned about removing the clause from the Bill because it serves a useful purpose. The industry is concerned about fireworks that, having been imported, do not go to a licensed storage place. The drivers therefore have no need to register that they are driving to a storage place and sometimes drive to a lay-by and split their load between perhaps 12 rogue retailers, who then sell the fireworks indiscriminately over three months. I think that the clause is essential if we are to deal with the rogue retailer who sells fireworks indiscriminately to anyone who will buy them, and with problems such as those that arose in my constituency over Christmas and new year, when category 4 fireworks were imported by the white van people, who were distributing and selling them in pubs.

My concern is not about imports from Europe, as most imports—some 95 per cent.—come from China. On Second Reading, I pointed out that an application form for an import licence is a simple A4 document that is very easy to fill in and to submit to the Department of Trade and Industry. If somebody has £25,000 to spare, they can send a banker's draft to China and ask for a lorry load of fireworks, and there is no need to determine whether proper storage and licensed premises will be used. If the Minister uses the powers wisely, the clause will assist in eliminating many problems concerning antisocial use of fireworks.

I hope that the amendment will not be pressed and that hon. Members will accept the difficulties that currently exist with regard to importation.

Mr. Baron

I rise briefly to speak in support of clause 9, which I think is a very important aspect of the Bill.

I was recently contacted by constituents about an unfortunate accident that occurred because of a poorly manufactured firework from the far east. Fortunately, there was no fatality, but an injury was caused. Any attempt to tighten up the situation to ensure that imported fireworks are of a certain standard is to be welcomed, as is any attempt to combat the illegal importation of fireworks and related problems of inadequate storage and supervision.

I welcome the clause, notwithstanding the fact that, as ever, it is an open-ended and enabling provision and I am not quite sure what will result. Overall, I think that it should remain in the Bill and it will certainly receive my support.

Miss Melanie Johnson

There is no single market in respect of fireworks and fireworks control, so the question of the single market is not an issue, as hon. Members have suggested.

Importation prohibition is required if there is an intention to minimise the availability of banned fireworks and thus to ensure that the British public are not the victims of the white van sales described by my hon. Friend the Member for Hamilton, South (Mr. Tynan). In most cases, the products sold in such circumstances are unsafe.

Furthermore, I believe that the amendment would lead to a peculiar situation in which fireworks banned under the Bill and the Fireworks (Safety) Regulations 1997 would be manufactured and stored in a country that prohibits them. That seems a very paradoxical outcome and I am sure that it is not intended.

I request and hope that the amendment will be withdrawn.

Mr. Leigh

This was a probing amendment and I think that we have had a reasonable debate. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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