Police officers could sue over ‘hearing damage’ from Bonfire Night fireworks

Police who claim their hearing was damaged by the sound of fireworks during Bonfire Night violence could sue Scotland’s national force.

Officers in Edinburgh, who had fireworks hurled at them during “unprecedented” attacks last November, claim they could have been protected by ear defenders designed to protect their hearing.

About 10,000 of the devices had been purchased by Police Scotland, but they were not given out to officers because of health and safety rules.

At least eight officers were physically injured during clashes, which also saw petrol bombs hurled at police in the Niddrie area of the Scottish capital, while a further 34 are believed to have reported hearing issues.

The criminal justice magazine 1919 has said the sound suppressors were not issued to officers because they had not gone through a testing process.

The Scottish Police Federation (SFP), which represents frontline officers, is working with around 20 officers and has sought legal advice from personal injury lawyers.

‘Constant barrage’

Gordon Forsyth, a health and safety official at the SPF, said some of the officers may never fully recover from serious hearing issues.

“The cops were exposed to two to three hours of constant barrage of fireworks,” he said.

“They’re still experiencing problems. Some of them may recover, but it’s likely for a few of them it will be a permanent problem.

“There are some who have come back to light duties – they’re probably the worst affected. For a few of them it’s quite significant.”

Meanwhile, it has been claimed that a crackdown on fireworks in Scotland is failing as councils are not using new powers.

Holyrood passed legislation allowing for firework control zones to be created, where members of the public are banned from setting off their own fireworks, last year.

However, only Glasgow has firm plans in place with Edinburgh and Dundee, two cities which endured major problems over the last two years, yet to formally follow suit.

‘Number one priority’

Asst Chief Constable Tim Mairs, gold commander for Operation Moonbeam, which is Police Scotland’s annual response to Bonfire Night, said that the ear defenders had since been rolled out after they passed “public order” testing.

“The safety of our officers and staff is our number one priority and we are committed to protecting our personnel from injury and harm while on duty,” he said.

“Prior to Operation Moonbeam 2023, Police Scotland purchased new noise-cancelling ear defenders, which are designed to protect our officers’ hearing without compromising their ability to hear routine sounds or conversations in a noisy environment.

“These had not been public order tested in time for use during the operation, but have since been provided to officers deployed for policing the Hogmanay street party, sporting events and other major operations.”

The force confirmed that hearing issues had been reported – but said it was unaware of formal legal proceedings at this stage.

Mr Mairs added: “In total, 34 officers, who dealt with the unprecedented levels of violence and disorder experienced during last year’s Bonfire Night period, reported some issues with their hearing after being targeted by fireworks and these officers continue to be supported.

“A full rollout of new noise defenders is currently underway for all police officers.”