I want to speak to new clause 19, which appears in my name and those of many right hon. and hon. Members from parties on both sides of the House. Members may recall my promotion of a ten-minute rule Bill on the subject in question a couple of weeks ago, so I hope they will indulge me while I provide a quick summary.
My new clause seeks to ban those attending live music events from carrying or using flares, fireworks or smoke bombs. In 2014 there were 255 incidents involving such items, which can be very dangerous as they can burn at temperatures of up to 2,000 °C. Although we are lucky that no one in this country has died from such incidents recently, such deaths have occurred elsewhere in the world, so we should try to act now to prevent that from happening here.
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Many people I have spoken to were surprised to learn that such dangerous behaviour is not already prohibited in law, especially given that football fans already have that legal protection; possession or use of pyrotechnics among spectators is banned at football grounds. That approach demonstrably works: there were only three incidents in 2014 at football grounds. I understand that a young woman was hurt by a flare at Wembley over the weekend; the difference is that the cretin who burned the flare and hurt the girl can be dealt with in law, in front of a court if necessary, whereas that could not happen for an incident at a music event.
Perhaps I am too demanding, but the current legal situation for music festivals is deeply inadequate. Flares are not covered by existing fireworks regulations at all, because they are not designed for entertainment. Under-18s are prohibited from carrying or using fireworks in public places, but most concerts and festivals occur on private property and so are not covered—therein lies the anomaly. Adults can be convicted of an offence of using or carrying the items only if it can be proved that that was done with an intent to cause harm. That is not usually the case when someone takes the stupid decision to set off a flare or throw a firework at a concert.
I have tabled new clause 19 in the hope of making the law consistent and offering music fans the same protection as football fans—protection that they deserve. To be entirely clear, the new clause would not affect the ability of artists and their production teams to use pyrotechnics on stage. Dig if you will, Mr Deputy Speaker, a picture of you and me at a concert where the only fireworks on display are part of a show and are deployed by pyro experts rather than by someone ill-equipped to handle such dangerous objects.
Flares are meant as emergency tools and should not be used as toys or makeshift torches. I have absolutely no desire to stop people using fireworks in any of the many ways in which they can be used safely, but it is blindingly obvious that in the close quarters of a concert audience their use is not safe. Under the new clause, courts would be empowered to impose fines or short prison sentences on those found guilty of this reckless behaviour, in line with the penalties at football matches.
Since I raised this issue a couple of weeks ago, I have been contacted by many people who have been affected by such incidents; in fact, I had a call this morning from a young woman who had been hit in the head, very close to her eye, by a firework at the Brixton Academy. It is little comfort to those wounded or scarred by fireworks and flares to be told, “I never meant to cause you any pain.” Their use should be outlawed.
There is wide support for making this change from the music industry, artists, venue owners and operators, and fans. The industry representative body UK Music, the Association of Independent Festivals and many others have all asked the Government to back up all those in the industry who already strive to put on safe and enjoyable performances. The founder of Bestival, Mr Rob da Bank, has said:
“As the promoter of a 50,000-capacity festival, audience safety is always at the forefront of event planning, and we would like to see our fans offered the same protection as those attending sporting events.”
Mr da Bank goes on to say—this is sadly a “Sign ‘O’ the Times”, Mr Deputy Speaker:
“There are increasingly more incidents and the time is right for the government to act and support organisers in minimising risk and providing a safe and enjoyable environment for everyone attending.”
I finish by asking the Minister to give serious consideration to new clause 19. I am incredibly grateful to colleagues across the House, and the members of the all-party parliamentary group on music in particular, who, as sponsors of the ten-minute rule Bill and now by adding their names to the new clause, have helped to demonstrate that there is cross-party support for these changes.
I thank the Home Secretary for meeting me to discuss this matter, as well as the Ministers of State responsible for policing and for culture for taking time to discuss my proposals. I am pleased that the Government are willing to listen to such cross-party proposals, and I am ready to work with them. I do not intend to test the will of the House at this stage, but I look forward to some assurance from the Minister that this provision will form part of the Bill by the time it receives Royal Assent.