HL Deb 21 November 1996 vol 575 cc1347-8

3.19 p.m.

Lord Merlyn-Rees asked Her Majesty's Government:

Why no action has been taken, despite warnings from the Leeds Home Safety Council and others, to ban aerial shells which have recently caused two fatalities and serious injury, and what action they now plan to take.

The Minister of State, Department of Trade and Industry (Lord Fraser of Carmyllie)

My Lords, concern about some types of firework, including aerial shells, which are on uncontrolled sale to the general public was one of the considerations which led my honourable friend the Minister for Consumer Affairs to decide to undertake a comprehensive review of the controls on fireworks. As part of this review, he issued a public consultation document at the end of July. The closing date for comments was last month and my honourable friend is now giving them careful consideration.

Lord Merlyn-Rees

My Lords, is it not the case that undeniable evidence of danger from the so-called fireworks was identified and reported to the Government by a wide variety of organisations, including the West Yorkshire coroner and the Leeds Home Safety Council? Is it not also the case that controls were not implemented because of European Union and DTI procedures, as well as, of course, consultative processes? In the event, death and serious injury have followed. This House should not be able to duck that fact. It is all very well to have consultative processes, but death and destruction will come again next year. I understand that it is likely to be 1998 before anything is done. Could not the DTI step in and forbid the sale of these instruments of death straight away, in advance of the result of consultative processes? Could it not do something now, or next November the same thing will happen?

Lord Fraser of Carmyllie

My Lords, as the noble Lord said, regrettably this year there have been two tragic deaths, including that of a headmaster, where one of the aerial shells struck the person involved. The noble Lord is correct that there have been indications from both the coroner in Leeds and the Leeds Home Safety Council. They expressed their views to the department. The aerial shells are very powerful fireworks but they have a place in organised public displays. One of the issues is whether they should be changed from one category to another, which would take them off sale to the general public. There are difficult definition problems as to who are the "general public" in this context.

As I sought to indicate to the noble Lord, my honourable friend the Minister for Consumer Affairs is looking at the matter. A simple change from one category to another might be a way forward. However, it may be that a rather more drastic reassessment is necessary. He is not in any mood to delay the matter any longer than is necessary.

Lord McNally

My Lords, does the Minister agree that much of the trouble followed the relaxation of import controls on fireworks from the Far East? Will he assure us that there will be an examination of the question? It is clear that fireworks made in the Far East are causing many of the problems, the deaths and injuries.

Lord Fraser of Carmyllie

My Lords, I wish to reassure the noble Lord that he is correct that no import licence is now required. However, to consider that the controls were an effective technique is an exaggerated view of their efficacy. Perhaps I may assure him that there is nothing now authorised by the Health and Safety Explosives Inspectorate in the United Kingdom which would previously have been refused a licence. If it is not authorised, then it is an offence to sell such a firework.