Wednesday 27th June 2018
(6 years, 5 months ago)
Commons ChamberOffensive Weapons Act 2019 Read Hansard Text
This text is a record of ministerial contributions to a debate held as part of the Offensive Weapons Act 2019 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
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The Secretary of State for the Home Department (Sajid Javid)
I beg to move, That the Bill be now read a Second time.
For the past two years, we have seen an unacceptable increase in recorded knife and gun crime. We have also seen a rise in acid attacks. Sadly, there was a vivid example just this week, with the fatal stabbing of Jordan Douherty, a young man of only 15 who had a great future ahead of him, but whose life was tragically cut short. The Bill will strengthen powers available to the police to deal with acid attacks and knife crime. Its measures will make it more difficult for young people to use acid as a weapon and to purchase knives online.
Sir Desmond Swayne (New Forest West) (Con)
Craftsmen such as carpenters rely on mail order for the provision of their specialist tools because that can no longer be maintained locally. Will the Home Secretary ensure that this excellent Bill does not intrude on the provision of lawful trade?
Sajid Javid
I am glad that my right hon. Friend, like me, thinks that the Bill is excellent. I can give him that assurance. As I talk a bit more about the Bill, it will become clear that the right types of reasonable defence will absolutely be in place. For example, knife sales to businesses and for other legitimate use will remain unaffected.
There have sadly been 77 homicides in London alone this year, but violent crime affects all parts of our country, not just our big cities. Violent crime destroys lives and devastates communities, and it has to stop.
Andrew Rosindell (Romford) (Con)
The murder of the young man to whom the Home Secretary referred at the beginning of his remarks took place in the Collier Row part of my constituency. My right hon. Friend will know that we are not used to that kind of crime and people in my area are living in fear. Yesterday we had another incident, this time involving a machete-wielding individual near the town centre. Last month, we had the murder of an elderly lady with a hammer. Crime is spreading out to areas such as Essex, and I have to say that we need more than what is in the Bill. Measures need to be much tougher and the punishment has to fit the crime. Most people want the Conservatives to be a party that really gets to grips with this issue, because people in my area and many other parts of the country are really frightened at the moment.
Sajid Javid
My hon. Friend is absolutely right to raise this issue. I know that soon after the terrible crime in his constituency this weekend, he was on the scene with others. I look forward, if I have the opportunity, to discussing the incident with him in more detail and listening to his ideas. He is right that more is needed than just this Bill, and I assure him that these measures are part of a much larger sweep of action the Government are taking, which I will talk about in a moment. I also want to listen to colleagues such as him about what more we can do. I would be happy to do that and to discuss how we can prevent such crimes taking place on our streets.
Julian Knight (Solihull) (Con)
As a west midlands MP, I was surprised and shocked by the latest figures on gun and knife crime, because we have more gun crime per head of population than London. Will the Home Secretary elucidate how he thinks these new strategies will deal particularly with urban knife and gun crime?
Sajid Javid
I hope that my hon. Friend will agree with what I say about the Bill’s provisions on the sale of knives and on the possession of knives and acid—I will come on to certain firearms later. Taken together, these measures will help. However, as I said to our hon. Friend the hon. Member for Romford (Andrew Rosindell), other measures in the serious violence strategy will also help to make a big difference.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
A young man in my constituency was tragically murdered in an incident in Liverpool recently, and unfortunately we in Cardiff and the Vale of Glamorgan have also seen a rise in incidents involving knives. I am deeply worried about material glorifying violence that is shared online in closed social media groups and other forums. What is being done to tackle the sharing of such material online?
Sajid Javid
The hon. Gentleman is right to talk about how, in some cases, social media contributes to the rise of such crime. That was the main topic of conversation at the last meeting of the serious violence taskforce, and soon afterwards we unveiled the new social media hub on serious violence, which will work with internet companies to track down that kind of material. In some cases, that material will be taken offline and, in others, an alternative message will be put out. We are very alive to this and are responding with fresh funding, but I want to see what more we can do in that space.
I have seen at first hand the fantastic job that our police do to protect the public and to help to keep this country safe, but they cannot tackle serious and violent crime alone. We must all work together. I am committed to taking strong action to end this blight on our communities. My predecessor, my right hon. Friend the Member for Hastings and Rye (Amber Rudd), published the comprehensive new serious violence strategy to which I just referred on 9 April. This marks a major shift in our approach to violent crime and is supported by an extra £40 million of new funding. It shows that the increase in violent crime is due to a number of factors, so this debate should not just be about police numbers, as is so often the case when we discuss such issues. I remind the House that this Government have increased police funding in England and Wales by over £460 million this year, and I have been clear that police funding will be a priority for me in the next spending review.
As the strategy makes clear, the rise in violent crime is due to many factors, including changes in the drugs market. A crucial part of the strategy is also about focusing on early intervention and prevention, which is why we are investing £11 million in an early intervention youth fund, running a national campaign to tell young people about the risks of carrying a knife, and taking action against online videos that glorify and encourage violence. To oversee this important work, we have set up a taskforce that includes hon. Members from both sides of the House, the police, the Mayor of London, community groups and other Departments. I hope that this is just the first stage of us all working together across parties and sectors.
The Bill covers three main areas: acid attacks, knife crime and the risks posed by firearms.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I welcome the Home Secretary’s commitment to tackling serious and violent crime, which we know has such devastating consequences for families. I also agree about the importance of prevention, as well as the legislative measures. Given that some of the measures announced in the serious and violent crime strategy were concentrated around London, Birmingham and Nottingham, and that we have had awful stabbings in Leeds, Wolverhampton and Ipswich, what more will he do to make sure that the prevention work is done right across the country?
Sajid Javid
I welcome the right hon. Lady’s support and the work she does on the Home Affairs Select Committee, which she chairs, to scrutinise this type of work. She is right that some of the announcements on the community fund to help with early intervention have focused on big cities, but this is just the start. We have more funding to allocate and are already talking to community groups well spread throughout the country. As I said right at the start, although there has been much debate about London and other big cities—we just heard about Birmingham—that suffer from these crimes, they are widespread and extend to our smaller towns and, in some cases, villages, so we have to look at all parts of the country.
Sir Geoffrey Clifton-Brown (The Cotswolds) (Con)
As my right hon. Friend will know, there is some concern among Conservative Members about the proposal in the Bill to ban .5 calibre weapons, because it would criminalise otherwise law-abiding users of a weapon which, as far as I know, has never been used in a murder. Will my right hon. Friend undertake to enter into full discussions with his Ministers before the Committee stage?
Sajid Javid
I will say a bit more about that in a moment, but my hon. Friend has raised an important issue, and I am glad that he has focused on it. The Bill does make some changes in relation to high-energy rifles and other such weapons. We based those measures on evidence that we received from intelligence sources, police and other security experts. That said, I know that my hon. Friend and other colleagues have expertise, and evidence that they too wish to provide. I can give my hon. Friend an absolute assurance that I am ready to listen to him and others, and to set their evidence against the evidence that we have received.
Mr Jonathan Djanogly (Huntingdon) (Con)
I generally welcome the Bill, but I should point out that the measures he is talking about mean banning the weapons. They relate to about 200 bulky, expensive and very loud rifles which, as far as I know, have never been used for a single crime in this country. It is probably the gun least likely ever to be used in a crime. Is the Secretary of State aware that in pursuing this policy without good evidence, he is losing the confidence of the entire sport-shooting community for no good reason?
Sajid Javid
According to the information that we have, weapons of this type have, sadly, been used in the troubles in Northern Ireland, and, according to intelligence provided by police and security services, have been possessed by criminals who have clearly intended to use them. That said, I know that my hon. Friend speaks with significant knowledge of this issue, and I would be happy to listen to his views and those of others.
Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)
If we follow my right hon. Friend’s logic, we must conclude that literally every single weapon should be banned. Having served in Northern Ireland myself, I know that there is no end to saying that everything should be banned. If we accept that these weapons are not likely to be used if they are properly secured and controlled, we should think carefully about banning them. If we just go on banning weapons, we will not achieve what we want. In Waltham Forest where I live, handguns are available to any criminal who wants to use them, but those are banned as well. The right people cannot use weapons, but the wrong people certainly carry on using them.
Sajid Javid
My right hon. Friend makes the point that our response must be proportionate, and we must ensure that banning firearms leads to the right outcome. He has alluded to his own experience in this regard, and I hope he is reassured by my indication that I am happy to talk to colleagues about the issue. He has also mentioned the need for control and proper possession of any type of weapon that could be used in the wrong way. The Bill contains clear measures based on the evidence that has been brought to us thus far, but I am happy to listen to what others have to say.
Mr John Hayes (South Holland and The Deepings) (Con)
The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) referred to the pervasive nature of the culture that is leading to violent crime. Will my right hon. Friend work with other Departments on some of the drivers of that culture? Some people are driven by the internet and social media, but there may be other malevolent sources of information that lead people into the business of crime. This will require a great deal of lateral thinking, and I know my former apprentice is capable of that.
Sajid Javid
I thank my right hon. Friend for making that important point. He speaks with experience of the Home Office, and my predecessor as Home Secretary established the Serious Violence Taskforce for precisely this reason. I have already held my own first meeting of the taskforce. Each meeting leads to action, and, as I mentioned earlier, the last one led to action on social mobility and online activity. However, there are also roles for the Department for Education, the Department for Culture, Media and Sport, and other Departments. They will need to do their bit, because, as my right hon. Friend says, this will require cross-governmental action.
Ben Bradley (Mansfield) (Con)
My right hon. Friend has spoken of the drivers of this type of crime, and the changing nature of the drugs market. I wrote to him this week about the “zombie” drugs, such as mamba, which are affecting my town centre. Is the Bill likely to lead to crackdowns on those new drugs?
Sajid Javid
The Bill does not focus on drugs, but my hon. Friend has made an important point. It is clear from the evidence that we have seen at the Home Office that changes in the drugs market are a major factor in the rise in serious violence, not just in the UK but in other European countries and the United States. We want to take a closer look at the issue to establish whether more work can be done on it.
The Bill covers three main areas: acid attacks, knife crime, and the risks posed by firearms. We have consulted widely on these measures, and have worked closely with the police and others to ensure that we are giving them the powers that they need. The measures on corrosives will stop young people getting hold of particularly dangerous acids, the measures on online knife sales will stop young people getting hold of knives online, and the measures on the possession of offensive weapons will give the police the powers that they need to act when people are in possession of flick knives, zombie knives, and other particularly dangerous knives that have absolutely no place in our homes and communities. I believe that the Bill strengthens the law where that is most needed, and gives the police the tools that they need to protect the public.
David Hanson (Delyn) (Lab)
I support the Bill—I do not want the Home Secretary to think otherwise—but may I make a point about clause 1? When it comes to refusing to sell goods to individuals, it is shop staff who will be on the front line, and it is shop staff who may be attacked or threatened as a result. Would the Home Secretary consider introducing, in Committee, an aggravated offence of attacks on shop staff? They, like everyone else, deserve freedom from fear.
Sajid Javid
I welcome the right hon. Gentleman’s support for the Bill. As he will understand, we want to restrict sales of these items in order to prevent them from falling into the wrong hands, but he has made an interesting point about those who may feel that they are under some threat, particularly from the kind of people who would try to buy knives of this type in the first place. If he will allow me, I will go away and think a bit more about what he has said.
Paul Blomfield (Sheffield Central) (Lab)
Sheffield, like other cities, is deeply affected by a rise in knife crime, and I strongly support the Bill’s objectives in that regard. However, our city is also famous for knife manufacturing, and a number of local companies have expressed concern to me about the blanket prohibition of sales to residential addresses, which they fear could have unintended consequences. As the Bill progresses, will the Home Secretary consider alternative ways of achieving its objectives—for example, an online knife dealers’ scheme that would be mandatory for all distance selling, with age verification standards set by the International Organisation for Standardisation?
Sajid Javid
I understand the hon. Gentleman’s point, but, as he will know, before we settled on any of these measures—particularly the one dealing with knives—there was an extensive consultation involving many people, including manufacturers from the great city of Sheffield and other parts of the UK. I hope it is of some reassurance to the hon. Gentleman that, while it is true that deliveries to solely residential addresses will be prohibited, deliveries to businesses operating from residences will not. There are some other defences which I think will help with the issue that he has raised. For example, the prohibition will not apply to table knives, knives to be used for sporting purposes, knives to be used for re-enactment purposes, or hand-made knives. I hope that that indicates to the hon. Gentleman that we have thought carefully about the issue, but if he has any other suggestions, he should write to me and I will consider them.
Vicky Ford (Chelmsford) (Con)
The UK already has a reputation for having the strongest and best firearms legislation across Europe. Does my right hon. Friend agree that the intention of this Bill is to make sure dangerous knives and toxic chemicals are equally strongly legislated against, but it is not the intention to take action against law-abiding citizens?
Sajid Javid
My hon. Friend is absolutely right and I could not have put it better myself. She will know that there are already some restrictions on knives; for example, there are restrictions on buying the so-called zombie knives, but there is no restriction on possessing them at present. Part of the Bill’s intention is to fill in some of those obvious gaps, as members of the public have asked why the Government have not addressed them before.
Mr Alister Jack (Dumfries and Galloway) (Con)
I think the point my hon. Friend the Member for Chelmsford (Vicky Ford) was making is that it is the law-abiding holders of .50 calibre guns who are being made criminals yet these are target rifles. Sometimes the law of unintended consequences in Bills catches us out, such as in the Dangerous Dogs Act 1991, and we should not be making these people criminals when no crime has been committed in Great Britain by using this calibre of rifle.
Sajid Javid
I understand my hon. Friend’s point and I hope he takes some reassurance from what I said on that topic just a few moments ago.
Robert Courts (Witney) (Con)
All of us on both sides of the House wish to see action taken to combat the scourge of violent crime, but a great many of my constituents have written to me expressing concerns about the inadvertent impact of the Bill particularly on rural sports, and the Home Secretary has heard those today. Will he meet me and groups of others so we can make sure those concerns are heard and rural communities’ views are taken into account?
Sajid Javid
My hon. Friend will know that my constituency is also very rural and I hear about issues of that type quite often myself. I am more than happy to meet him and other colleagues who have an interest in this issue and any of the measures in the Bill.
Stephen Timms (East Ham) (Lab)
The Secretary of State has explained that clause 1 bans the sale of corrosive products to under-18s. I support that, but some of us think the age limit should be at 21 rather than 18. Would he be open to an amendment along those lines? What is the reason for setting the limit at 18, rather than a higher age?
Sajid Javid
As the right hon. Gentleman will know, this was consulted on during the preparation of the Bill. We settled at 18 and I do not think we are interested in moving from that, but he does deserve an explanation: 18 is used as the legal age between child and adult for a number of things, and it felt to us to be the right age. It is also an age that is consistent with other Acts of Parliament. We think it is the appropriate age to set the limit on some of the measures in the Bill.
Dr David Drew (Stroud) (Lab/Co-op)
It was clear from the consultation on high-calibre rifles that their owners were prepared to look at measures to make sure that those rifles were made as safe as possible so they did not fall into the wrong hands, yet the Government now intend to ban them. Will the Secretary of State look at the consultation again and at the assurances people were prepared to give, and make sure those law-abiding citizens are not adversely affected?
Sajid Javid
I hope the hon. Gentleman has heard some of the comments made around this issue over the past 20 minutes or so. I do understand the arguments around the issue, and of course he would expect the Home Office to listen to arguments on the other side as well, which as he says have had an input into the Bill. I am more than happy to listen to colleagues on both sides of the House on that issue and any other issues around the Bill.
Jim Shannon (Strangford) (DUP)
The Secretary of State will have received correspondence from the Countryside Alliance and the British Association for Shooting and Conservation. One of the issues my constituents have asked me about is the compensation clause for weapons that might be taken back or retrieved. How will the value of the firearms be calculated, and where will the money for the compensation come from? Will it come from Northern Ireland or the UK centrally? Will people who surrender firearms face questioning or checks that might dissuade them from surrendering their firearms? We must have good communication with those who hold firearms and will be impacted greatly by this.
Sajid Javid
The hon. Gentleman will know that these measures in the Bill are devolved in the case of Northern Ireland, and some of the issues he raised about compensation and how it is calculated may well be decisions that eventually the Northern Ireland Government, once in place, will reach. In England and in Scotland if it consents, we have set out how compensation can work, and our intention is to make sure it is reasonable and it works, and that is not just in the case of firearms—there is a general compensation clause. It is harder for me to answer that question in respect of Northern Ireland as ultimately that decision will not be made by the Home Office; it will be a decision that the Northern Ireland Government will have to settle on.
Mr Charles Walker (Broxbourne) (Con)
I thank my right hon. Friend for the way in which he is approaching Second Reading; it demonstrates that Second Readings of Bills are extremely important and should happen with great regularity. May I commend to him the work in Hertfordshire and Broxbourne council to bring together agencies across the county and boroughs to deal with knife crime? There is a role for local politicians and local agencies in addressing this really complicated issue.
Sajid Javid
My hon. Friend is absolutely right: ultimately, only so much can be done by the centre. The centre can set the laws and provide funding in certain cases, but much of the work being done, as we have seen with the serious violence taskforce, is community and locally led, and I join him in commending the work in Hertfordshire. We are very much aware of that in the Department, and it sets an example for many other parts of the country.
Richard Graham (Gloucester) (Con)
Building on the question of my hon. Friend the Member for Broxbourne (Mr Walker), there is an important leadership role for police and crime commissioners working alongside the local constabulary and the other partners that have been mentioned. Will my right hon. Friend the Secretary of State or his colleague, the Minister for Policing and the Fire Service, share with us, if not today, at a later date, what they consider to be best practice in terms of real leadership on the ground and partnership building to help tackle the problems that we all face?
Sajid Javid
In the serious violence strategy published in April there were some examples of good practice, but my hon. Friend makes the point that since then, because of the use of some of the funds for example that were in that strategy, we have seen other good examples. We will be very happy to share them with my hon. Friend.
Dr Caroline Johnson (Sleaford and North Hykeham) (Con)
As a doctor who has treated children with both stab and gunshot wounds, I commend my right hon. Friend on what he is doing to try to reduce the violence on our streets but, equally, as a Conservative I am not keen to ban things that do not need to be banned. In the past, we banned handguns; what effect has that had on gun crimes committed with handguns in this country?
Sajid Javid
I share some of the sentiments expressed by my hon. Friend: when a Government ban anything that must be led by the evidence. In doing that we must also listen to the experts on the frontline of fighting crime. As my hon. Friend said, she has in a way been on the frontline dealing with the consequences of this crime. She asked about handguns and the impact of the ban; I do not have to hand any particular numbers or statistics, but I will be happy to share them with her. My hon. Friend’s central point is appropriate: when any Government act to ban anything we must be very careful and make sure it is proportionate and led by the evidence.
Lady Hermon (North Down) (Ind)
The Home Secretary has acknowledged that justice and policing are devolved matters, and has he recognised that we do not have a functioning Assembly at present; we have not had one for 18 months. I was therefore delighted that this Bill extends many provisions to Northern Ireland in the absence of a functioning Assembly. I am particularly pleased to see that there will be restrictions on offensive products being sold to persons aged 18 or under. I am also pleased to see the restrictions on knives. However, I must reflect to the Home Secretary the extremely troubling evidence that was given to us in the Northern Ireland Affairs Committee this morning by the Chief Constable of the Police Service of Northern Ireland, who has requested an increase in police personnel and who has taken off the market three unused border police stations that were for sale. The issue, I have to say, is Brexit. Without infrastructure, there will be movement across the border of offensive weapons, including knives and corrosive products. How will the PSNI deal with those movements under this legislation, which I am pleased to welcome?
Sajid Javid
I thank the hon. Lady for her support for the measures in the Bill. She has raised particular questions about Northern Ireland. She will know that, because these matters are devolved and the police have operational independence, how they deal with the issues presented by the Bill and other cross-border issues will be a matter for them. She referred to evidence given to the Northern Ireland Affairs Committee this morning, which unfortunately I did not listen to. If she wants to provide me with more information on that, and on how she thinks the Bill might fit in with it, I would be happy to look at that.
Several hon. Members rose—
Sajid Javid
I must go on, as a number of colleagues want to contribute to the debate.
Turning to acid attacks, of course it is wrong that young people can buy substances that can be used to cause severe pain and to radically alter someone’s face, body and life. There is no reason why industrial-strength acids should be sold to young people, and the Bill will stop that happening. We will ban the sale of the most dangerous corrosives to under-18s, both online and offline. We want to stop acid being used as a weapon. At the moment, the police are limited in what they can do if they think a gang on the street might be carrying acid. The Bill will provide them with the power to stop and search and to confiscate any acid.
Simon Hoare (North Dorset) (Con)
I welcome what my right hon. Friend is saying about acid. Will he give further thought in Committee to the question of the private purchase of these fantastically corrosive acids? Does he agree that there is little point in restricting their sale to those below the age of 18, because those over that age can also get very annoyed and use those substances to the devastating effect that he has set out?
Sajid Javid
My hon. Friend makes an important point, but the evidence that we have seen shows that the real issue is about young people getting their hands on this acid. We have seen examples of them getting hold of it and separating it into two mineral water bottles, then carrying it around and using it to devastating effect. The measures that we have here, alongside the measures on possession of acid in a public place, will combine to make a big difference to the situation we find ourselves in today.
Sir Edward Davey
Yes. The Home Secretary is absolutely right to legislate for this offence. Will he tell the House how he and his colleagues will ensure that local authorities, trading standards, the police and others will be supported in enforcing this offence, to ensure that the new powers are actually used?
Sajid Javid
I must point out that when I said to the right hon. Gentleman, “On acid?” I was not asking him if he was on acid. It was a more general question, although I noticed that he readily jumped up and said yes. He makes an important point about ensuring that once the changes are made, all those who need to be aware of them will get training in the process of bringing them about. As he knows, this will involve trading standards and local authorities, and we are in touch with those groups. By the time the Bill has progressed and hopefully achieved Royal Assent, we will have worked quite intensively with the groups that have an interest in this to ensure that the measures in the Bill are well understood.
If I may turn to knives, it is already against the law to sell knives to under-18s, but some online sellers effectively ignore this. Sadly, such knives can get into the hands of young people and this has led to tragic deaths. We will stop that by ensuring that proper age checks are in place at the point of sale. We will stop the delivery to a home address of knives that can cause serious injury. We will also crack down on the overseas sales of knives by making it an offence to deliver them to a person under 18 in this country. I find it appalling that vicious weapons are on open sale and easily available. It shocks me that flick knives are still available despite being banned as long ago as 1959, and that zombie knives, knuckledusters and other dreadful weapons are still in wide circulation. The Bill will therefore make it an offence to possess such weapons, whether in private or on the streets, and it will go further and extend the current ban on offensive weapons in schools to further education premises.
Andrew Rosindell
A young man was murdered with a knife in terrible circumstances in Romford on Saturday evening. We can ban these weapons if we like, but the Home Secretary needs to be aware that if someone with criminal intent wants to get hold of one, they will find a way. I commend the Bill and I will support it, but surely we should also be looking at how young people are being brought up. We should look at what is happening in the home and in schools and at whether young people are being taught the values of right and wrong and behaving in a decent way. They can learn this from early childhood, and schools have a role to play in enforcing discipline. Parental guidance and strong support from families are also important. The family unit is important if young people are to grow up in a society where they can live freely without committing these kinds of crimes. Should we not be looking at the whole thing in a rounded way, not just banning things? Should we not be looking at how we can ensure that young people grow up to be good citizens of this country?
Sajid Javid
My hon. Friend has raised the death of Jordan Douherty, which tragically occurred this weekend following a knife attack, and I am glad that he has made that important point. While the Bill can achieve a few things—we have talked about acid and knives falling into the wrong hands, for example—no Bill can by itself stop someone who is intent on taking this kind of vicious action. As he says, that requires a much more holistic approach to ensure that all aspects of government and non-Government bodies, charities and others are involved. Education is also a vital part of that, as is parenting. In some cases, there is better parenting, but there are no easy answers to any of this. He is absolutely right to suggest that we need to have a much more holistic approach. I can assure him that this is exactly why the serious violence taskforce has been created, and this is exactly the kind of work that we are trying to achieve.
Lyn Brown (West Ham) (Lab)
The Home Secretary will know that, tragically, we have had nine deaths related to youth violence in my constituency over the past year. I have some sympathy with what the hon. Member for Romford (Andrew Rosindell) has just said, but these things can happen to any family. The groomers out there find children from all kinds of families, and I do not want anyone watching this debate to believe that it cannot happen to them or to their children. We all need to be vigilant, and I am looking forward to the progress that the Home Secretary’s working party will make.
Sajid Javid
I thank the hon. Lady for her comments. She has made a vital point. Sadly, anyone can be on the receiving end of this violence. Tragically, we see that in the UK every year, but we all recognise that there has been a significant increase this year, and we need to work together to combat that. Anyone can be a victim.
Finally, I want to turn to an issue that we seem to have discussed in some detail already: the measure on firearms. The Bill will prohibit certain powerful firearms including high-energy rifles and rapid-firing rifles. As we have heard, hon. Members on both sides of the House have different views on this. While preparing the Bill, we have listened to evidence from security, police and other experts, but I am more than happy to listen to hon. Members from both sides, to take their views into account and to work with them to ensure that we do much more to bring about increased public safety.
Lady Hermon
I am very grateful to the Home Secretary for allowing me to intervene again. He will be well aware that, yesterday, the Deputy Chief Constable of the Police Service of Northern Ireland was appointed as the Garda commissioner, which is a brilliant appointment. One of the means by which the Home Office should try to ensure that the dangerous corrosive substances and knives banned under the legislation will not come across the border from the Republic of Ireland into Northern Ireland—we will not have physical infrastructure on the border after Brexit—is to call the new Garda commissioner and his new team when he is in post. I make that warm recommendation following that excellent appointment to the Garda Siochana in the Republic of Ireland.
Sajid Javid
I commend the Garda on their appointment. The Minister for Policing and the Fire Service will be in touch with the new head of the Garda in his new role. I am sure it is an opportunity to discuss such cross-border issues and see how we can co-operate even more.
hope the measures in the Bill will attract widespread support on both sides of the House. They fill an important gap in the law, and they give the police, prosecutors and others the tools they need to fight these terrible crimes. The Bill will help to make all our communities safer by helping to get dangerous weapons off our streets. As Home Secretary, I will be relentless in ensuring that our streets remain safe. I commend the Bill to the House.
The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)
I am grateful to all hon. and right hon. Members across the House for their contributions to the debate. My hon. Friend the Member for Mansfield (Ben Bradley) said that this had been a constructive and thoughtful debate—that is sadly too rare in this House—and I agree with him. Colleagues have made considered contributions, and it is clear that there is much common ground between us. The fact is that we all want this violent crime to stop, and the Bill is a tool with which the Government, and I hope Members across the House, are trying to tackle this serious issue.
It is apparent that everyone is committed to tackling violent crime head on, and rightly so. Recorded knife and gun crimes are on the increase, and hon. Members will know the devastating impact that those crimes have on communities across the country, not just in London. Before I go on to deal with the Bill, it is worth reflecting on why the legislation is necessary. From the teenage son stabbed to death outside a shop in Camden and the 15-year-old killed in Romford at the weekend to the man in Liverpool whose arm was severed by a machete in a county lines punishment and the fatal stabbings in Wolverhampton, and Sheffield—all those crimes and many more in every part of the country have left behind them grieving families and devastated communities. I consider meeting the victims and the grieving families of these terrible crimes to be one of the most important parts of my role. It is an essential part of my job, and that is why, when I stand here at the Dispatch Box, I speak not just from my notes but from the heart. It is for those people that I am helping the Government to take this legislation through.
We are clear that this is just a part of our strategy to tackle serious violence. We published the serious violence strategy in April, and its emphasis is on the themes that we have heard so much about today. It is about early intervention, about prevention and about the community drawing together and relying on local partners, as my hon. Friend the Member for Solihull (Julian Knight) said. It is about us working together and seeing this not just as a law enforcement issue, important though that is, but as a societal issue as well. The measures in the Bill will strengthen the powers available to the police to deal with such crimes. When a family has suffered a terrible crime, they want to feel that the police have the powers they need to bring the offenders to justice. The measures will not solve all crimes involving knives, guns and corrosives, but they are important. We must pursue and prosecute those who commit violent crimes. The Bill gives the police and others the powers they need to do so.
The corrosives measures in the Bill will help to stop young people getting hold of dangerous corrosives and are supported by interested businesses. They build on the voluntary arrangements already in place and will close down the sale of acids to under-18s, both online and offline. The Bill also creates an offence of possession of a corrosive in a public place so that police can take additional action to prevent acid attacks. We know that gang members decant corrosive substances into water bottles to evade detection. This measure gives the police the powers they need.
Other measures will help to stop young people getting hold of knives online. That is a major concern of the communities and charities we have worked with in drawing together the serious violence strategy. We know that such sales have led to knives being used in crime. I have seen some of the knives on sale online. As colleagues on both sides of the House have said, they have no practical use; they are clearly designed to glamorise violence and encourage criminality, and are promoted as such.
Mr John Hayes
My hon. Friend is right about the sale on the internet of those weapons, but the internet has other malevolent influences on young people. Several hon. Members raised the issue of social media and its glamorisation of violence. Will she work with others to clamp down on those people who allow those images and messages to be broadcast to vulnerable young people?
Victoria Atkins
I am grateful to my right hon. Friend, not just for the concise and clear points he made in his contribution but for the poetry that he always brings to our debates.
My hon. Friends the Members for Solihull and for Chelmsford (Vicky Ford) also made the point about social media. That is why the Home Office serious violence strategy is funding the social media hub pilot, which will give the Metropolitan police the powers they need to work with social media companies to bring those videos down. I have seen drill videos; they are horrific and they need to stop.
The measures on the possession of offensive weapons give the police the powers they need to act when people have flick knives, zombie knives and other offensive weapons that have absolutely no place in our homes.
A number of colleagues mentioned clause 28, which is on high-energy rifles. My right hon. Friend the Home Secretary said at the start of the debate that we will listen to colleagues’ concerns. I reiterate that this is not an attack on rural sports; it is a response to the threat assessment of the National Crime Agency and the police.
Given the strong concerns expressed, I will take a moment to explain how clause 28 came into being. For those who are not familiar with such weapons, they are very large and heavy firearms that can shoot very large distances. One example I have been given is that they can shoot the distance between London Bridge and Trafalgar Square—some 3,500 metres. I can share with the House the fact that there has been a recent increase in seizures at the United Kingdom border of higher-powered weaponry and ordnance. The assessment is that those weapons were destined for the criminal marketplace, and that the criminal marketplace is showing a growing demand for more powerful weaponry.
Victoria Atkins
I will finish my point if I may.
That is the background against which we are operating. Having received such an assessment, we must consider it with great care. We have a duty to consider it and to protect the public. I gently correct the suggestion that such high-energy rifles have not been used in crime. As the hon. Member for Belfast East (Gavin Robinson) said, high-energy rifles were used in the 1990s during the troubles to kill people who were charged with securing Northern Ireland. We are listening, and, as I hope colleagues saw, I sat through the vast majority of the debate. Those and other issues will be addressed in the conversations that my right hon. Friend the Home Secretary and all the ministerial team will have with colleagues on both sides of the House.
I must pay tribute to my right hon. Friend the Member for Hastings and Rye (Amber Rudd), who has devoted a great deal of time and energy not just to the Bill but to protecting our young people and tackling serious violence.
Theresa Villiers
Will the Minister acknowledge that, even assuming the Bill makes it to the statute book, we will not tackle this problem unless the Mayor of London and other police and crime commissioners take it very seriously and ensure that they hold their police to account, set objectives for them and ensure that they deliver on this crucial work, as they did when my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson) successfully got crime levels down?
Victoria Atkins
I am grateful to my right hon. Friend. Indeed she and my hon. Friends the Members for Hornchurch and Upminster (Julia Lopez), for Hendon (Dr Offord) and for Spelthorne (Kwasi Kwarteng) all focused on the importance of local policing and local leadership in policing. We introduced police and crime commissioners to enable local people to have the power to influence policing in their local area. Of course, I very much enjoy working with the Mayor of London and, as far as we are concerned, more power to his elbow when it comes to local policing.
Sir Geoffrey Clifton-Brown
My hon. Friend will have heard the widespread concern in many different parts of the United Kingdom. She seems to want to ban these big-calibre weapons solely on the basis that they might get into the hands of a criminal or a terrorist. If that is the case, rather than ban them why does she not adopt my suggestion of improving the secure places where such weapons have to be held? There should be all the security, with the weapons checked in and out, to make stealing them much more difficult.
Victoria Atkins
I am grateful to my hon. Friend for his intervention and for his contribution. He and I have been in constant conversation about this for some time. He will forgive me for not committing to changing the Bill on the Floor of the House, but we are in listening mode. Indeed, I was in listening mode when my hon. Friend the Member for Shipley (Philip Davies) made a typically robust but thoughtful contribution, and it may be that we work together on looking into that.
Victoria Atkins
That is literally the next thing on my to-do list. The hon. Lady and the right hon. Member for East Ham (Stephen Timms) are both relentless campaigners on corrosive substances, and I have taken on board her point about adults supplying corrosive substances to children. I will look into it, and perhaps there are already laws to cover it.
The substances in schedule 1 have been included on the basis of recommendations provided by our scientific advisers at the Defence Science and Technology Laboratory, which provides science and technology advice to the Government. We have tried to ensure that Parliament can scrutinise the list, which is why it is in the Bill, but there is of course capacity to change and add to the schedule through regulation.
I am cantering through, but I am grateful for the contributions of my hon. Friend the Member for Halesowen and Rowley Regis (James Morris), who brought his mental health expertise to the Chamber and showed the complexity of the issues we face, and of the right hon. Member for East Ham—I know he is interested in banning sales to under-21s, but we do not feel we have the mechanisms to do that.
I am grateful to all colleagues who have emphasised that this is not just an urban issue but a rural issue, too. There is real intent on both sides of the House to deal with this, and I note that colleagues believe social media and internet companies should join us in our determination. That message is coming out loud and clear from this Government, and I commend the Bill to the House.
Question put and agreed to.
Bill accordingly read a Second time.
Offensive Weapons Bill (Programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Offensive Weapons Bill:
Committal
(1) The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 13 September 2018.
(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Proceedings on Consideration and up to and including Third Reading
(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.
(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.
Other proceedings
(7) Any other proceedings on the Bill may be programmed.—(Kelly Tolhurst.)
Question agreed to.
Offensive Weapons Bill (Money)
Queen’s recommendation signified.
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Offensive Weapons Bill, it is expedient to authorise the payment out of money provided by Parliament of compensation in respect of surrendered weapons, firearms and ancillary equipment.—(Kelly Tolhurst.)
Question agreed to.
Mr Speaker
Before I proceed to the next business, I have now to announce a correction to the result of today’s deferred Division. There must have been a miscount by those who attend to these matters. In respect of the Question relating to healthcare and associated professionals, the Ayes were 465, not 467, and the Noes were 2, so the Ayes have it.
Tuesday 17th July 2018
(6 years, 5 months ago)
Public Bill CommitteesOffensive Weapons Act 2019 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 17 July 2018 - (17 Jul 2018)
This text is a record of ministerial contributions to a debate held as part of the Offensive Weapons Act 2019 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Louise Haigh (Sheffield, Heeley) (Lab)
I am grateful for the publication of written evidence, but the responses to the consultation that was the forerunner to the Bill have not yet been published. A summary of the responses is on the Home Office website, but several of the witnesses who will give evidence today reference their consultation responses in their biographies, and we have not had access to them. Could we at least have the consultation responses from the witnesses who are giving evidence today and on Thursday, if not all the responses?
Stephen Timms (East Ham) (Lab)
The list of corrosive substances in schedule 1 is based on some scientific advice that the Government have received, as I understand it. Could that advice be made available to us as well?
Victoria Atkins
If I may, I will check with the officials and get back to the Committee on that.
The Chair
Good morning. We are now in the public part of our sitting. We will hear evidence from Redthread, the Ben Kinsella Trust, St Giles Trust and Acid Survivors Trust International.
I remind all Members that questions should be limited to matters within the scope of the Bill. We must stick to the timings in the programme motion that the Committee has already agreed. For this session with the four witnesses here, we have until 10.55 am. Before we start, do any Members of the Committee wish to declare any relevant interests in connection with the Bill?
Victoria Atkins
For the sake of completeness, Mr Gapes, I used to prosecute for the Crown Prosecution Service and other prosecuting agencies before I was elected to this place.
The Chair
Thank you very much. Any others? No.
I ask the witnesses that when you answer a question for the first time, please introduce yourselves and tell us about your background. We will do it that way rather than any other way round, to save time.
Victoria Atkins
Q
John Poynton: My name is John Poynton. I am chief executive of Redthread, a youth work charity that works in partnership with health, particularly emergency departments at major trauma centre hospitals. The charity meets young people when they are victims of violence and attends the emergency departments. It uses that window of opportunity or teachable moment to help with wrap-around support and to encourage and empower young people to help to break their cycle of violence.
There is a recognition in working with the London major trauma centres and other local emergency departments and the major trauma centres across the midlands that by the time a young person attends a major trauma centre with a major trauma stabbing or shooting injury, they have often already attended on average four to five times with lower-level injuries. The idea is that violence breeds more violence. Some victims will go on to become perpetrators if there is not an opportunity to interrupt the cycle of violence, and others will go on to become victims time and time again.
There is an amazing opportunity in that clinical setting for Redthread youth workers—I am sure Rob will talk about the St Giles team on the trauma ward at the Royal London—to be embedded and to work shoulder to shoulder alongside the doctors and nurses, so that they meet the victims of violence in the department and follow the patient to give them support and really use that teachable moment.
Rob Owen: I am Rob Owen from the St Giles Trust. I suppose we are best known for the fact that I probably employ more former armed robbers and drug dealers than any other organisation in the UK. They like the fact that I am a reformed ex-investment banker, so that probably fits well.
Our model is that we want to use people with lived experience, who have had similar life experiences, to help our client group. In this field in London we want to focus predominantly on the preventive side. We run a very effective project called SOS+, using people who have had those lived experiences, who have been trafficked, sometimes exploited and certainly involved in gangs, to go into, now, predominantly primary schools and secondary schools to explain to kids the realities of getting into a gang—the realities of having a drug debt; the realities of someone forcing you to take drugs out of your backside at point of violence. They demystify the allure that a lot of people feel about county lines, getting involved in drugs and carrying weapons. The spread of county lines in market towns and coastal areas is something that I am sure you guys are aware of and something that is going to become an increasingly big problem in the UK.
That is the preventive side. On the doing side in London, we run one of the largest gang-exit services, again called SOS, which was founded 10 years ago by an amazing man called Junior Smart. It uses people who have very credible life skills to work with those who are in gangs and are at the point when they probably feel they can exit. We want to get them out safely, so sometimes we work intensively with the police to get them relocated, but getting a young child out of a gang is often much simpler.
Finally, to go back to John’s point, we were very fortunate in being approached by Martin Griffiths who is the most amazing trauma surgeon in Britain and was celebrated by the NHS 70-year awards. He was fed up with the fact that 46% of young people on his slab had been there before—it was very interesting what John was saying. Martin was upset by the fact that these kids now have on average seven puncture wounds. They are not being attacked, as in the old days, by one kid on one kid; they are being attacked by multiple kids, so you get one person with very traumatic injuries. He was fed up with the fact that these same kids were coming back again and again. He brought in, through Redthread, our ability to come in and have those SOS caseworkers at the hospital, at the point of most need—a point of reachability, I suppose is the answer—to try to de-escalate violence that could occur because that young child has been attacked with their peer group, but also to take that kid and give them a much better chance of not getting involved again in the cycle of gangs. That percentage has gone from 46% to 1%, which we are obviously quite pleased with and which I think Martin is very relieved about.
The people we are dealing with are multi-disadvantaged and very hard to engage. They feel they have no role or stake in society. The only way to help them is to put in place intensive support that encompasses their family and their siblings as well. That is the scope of what we are doing.
Patrick Green: My name is Patrick Green, CEO of the Ben Kinsella Trust, which was set up 10 years ago following the murder of Ben Kinsella in Islington in north London. We work with children who generally display really good behaviours and values and go to school. A lot of the children we speak to would not normally be those whom we feel are concerned with knife crime, but our ethos is that it is important that all young people should have a conversation around knife crime. We believe there is a teachable moment much earlier in the process, and our job is to stop young people going to John’s and Rob’s services. We hope to lower that number.
Many young people learn about knife crime from other young people or via social media, which are never the most reliable sources. We give young people the opportunity to talk to a credible adult and have an experience that helps them to embed good values. No young person is born with a knife in their hands. It is a learned behaviour. If you can help them to unlearn those behaviours or value the good behaviours and values that they have, at a point in the future when they might be tested, they can go back to a point that they have a reference on, and it makes a big difference in making more positive decisions. We have worked with about 10,000 young people since 2012.
Jaf Shah: Good morning. My name is Jaf Shah, executive director of Acid Survivors Trust International. Interestingly, we have always historically had an international focus, but the rise in attacks in the UK, particularly over the last five years or so, led a number of our partners and Government organisations with whom we have worked overseas to say, “Look, you are advising us. Why aren’t you doing anything in the UK?” In order to not appear hypocritical, we decided to take on a largely advocacy role here in the UK to bring about some of the changes that we have brought about in other countries with a great deal of success. Our focus over the past few years has been about trying to raise awareness of acid attacks in the UK, to place them within the context of how it happened—why it happens, who are the victims, who are the perpetrators—and to use some of the methodologies that we have acquired to tackle those issues in other countries—with, as I said, some success. It is a new journey for us here in the UK because we are dealing with a quite different demographic than we would be dealing with in terms of perpetrators.
Our latest research is based on a Freedom of Information Act request, having approached all the police forces in the UK. I was of the view two years ago that the vast majority of attacks were committed by young men on young men, but our latest Freedom of Information Act request has revealed that that figure is distorted by the figures from London, where it is true to say that two thirds of victims are young men and a third of victims are female. If you take the Met figures out of the equation, you realise that at least 52% of victims are women, which then starts to follow more closely the global pattern.
Here in the UK, we are looking to bring a change in legislation, and we are working with local partners to start to engage with the communities most affected. Our offices are based in Tower Hamlets, which has probably the third highest number of attacks in the whole of London. We particularly want to engage with survivors to begin engagement with young people around education programmes, and many survivors with whom we are working closely are very interested in pursuing that goal, with the desired outcome of reducing attacks in the UK.
Victoria Atkins
Q
John Poynton: I do not have the precise statistics on what is coming in, but there is no question that there is no place for zombie knives, machetes and large weapons like that. My concern is that a number of young people will come to hospital with all sorts of improvised weapon injuries from screwdrivers and the like. Clearly it is important to make weapons less easy for young people to get hold of, but there will always be a need for education and earlier intervention, to look at how we get young people to understand that certain weapons are tools, and that there are ways to use them. This should not be about finding any sharp implement, be it a screwdriver or something else that has been sharpened, to use. When young people come to hospitals, it is not as clearcut as saying that it is just about zombie knives or kitchen knives.
With regard to availability, a lot of young people talk about the traditional method of ensuring that the public feel safer that weapons are being taken off the streets: we see the traditional use of photos of weapons that have been found or taken, and that helps us to feel that those weapons have been removed. The broader picture—the public health approach to looking at this issue—is that lots of young people will see those same pictures that make us feel safer, but they will perhaps not read all the copy that goes with the picture and they will see those pictures as showing the weapons that are available, and they are somewhat traumatised by the idea that those weapons are available. The availability or lack of availability of certain weapons needs to sit alongside a clear and simple narrative to ensure that the entire community—including young people and us—understands that the community needs to be safe. We all need to have the same perception that the community is safe, and not have this misunderstanding of what they need to do to feel safe.
It was interesting for the police to recognise last year that only 25% of knife crime could be attributed to gangs. My question is about what we do with the 75% of “normal”—for want of a better phrase—non-gang members. How do we really educate them to understand that they do not need to pick up a knife to feel safe on the streets?
Rob Owen: Picking up on John’s point about escalation, it is almost like an arms race. What is happening with county lines in particular is that London gangs are looked up to as the grandfathers of gangs, and regional areas aspire to be more like London gangs, often because of social media. They are saying, “We now need to have weapons, because we need to up our game.” In the old days the drug market in a market or coastal town was safer. Nowadays the kids who are involved in county lines or local drug dealing groups are thinking, “We need to have the next big thing.”
There is definitely an escalation in violence, and there is definitely an escalation outside London of the use or ability to use a weapon. The really sad thing is that a screwdriver is more deadly than a knife. If you talk to a surgeon, they will say that it is more complicated to sort out a stab wound from a screwdriver than from a knife, which I was surprised by. In primary schools, it is about demystifying. On social media, people see that there are safe places to stab each other—this is well documented. Actually, there is no safe place to stab someone, because if you hit an artery, it is pretty much game over.
A public health approach has to be taken. When the police catch a kid with a knife, one of the things that has to happen is that has to be seen as a beacon of need—that that kid needs some support to try to break that cycle. The kid is carrying that knife for a multitude of factors, but we are not going to solve things by taking that knife away or taking the drugs off them—then they would have a drug debt, too—and throwing them in prison. They will come out and have the same problems. It is about putting in that intensive care, even if they are caught with a knife, however unpalatable that is to the Daily Mail or whatever it is. It is about a beacon of need. All these kids who are being targeted by gangs are either in pupil referral units or have been excluded from schools. So 100% of the clients we are working with on county lines who are carrying weapons have been excluded from school. If you ever want a beacon of need for where resources should go, it is kids who have been excluded from school.
Patrick Green: Clear, unambiguous messaging around knives is important in the preventive world. If you are working with young people and there is any ambiguity, you get the “but” argument—“but I know somebody who this didn’t happen to”. You can lose the group. We are working with peer groups in schools, and that is so important.
I believe that it is important that the online world is brought into line with the retail world in terms of sales and the restrictions on sales. I have no figures for you, but from the conversations we have with the young people we deal with—particularly those who admit to carrying a knife or having carried a knife—knives will mostly be got from domestic settings, but shoplifting comes very high up in where they get knives from.
I feel that the voluntary code for e-tailing is not delivering as it should be. That possibly relates to the second part of your sitting today. The open display of knives gives young people an opportunity to take knives that they might use in other places. They are less likely to buy a knife and are more likely to shoplift it. That is why I think the legislation is important. It will help the preventive agenda and our conversations with young people. It will make it clearer to them what they can and cannot do, and that is important at this time.
Jaf Shah: I would echo much of what has been said, particularly around deploying a public health approach to addressing the root causes of this escalation not only in acid attacks, but in violent crime. In the case of acid and the availability of corrosive fluids, many complications clearly arise from the availability of lots of household products that contain high levels of corrosive content. How you regulate access to those types of products is a challenge. What the Bill proposes around licensing for sulphuric acid is an important step, because sulphuric acid at a concentration of 98% causes enormous physical and psychological damage to survivors. That licensing is a vital step, but the passing of legislation in itself is insufficient.
We need to ensure that we deploy a long-term approach to dealing with the root causes. We know that once you reduce the availability of one type of weapon, another weapon becomes available, and I think that is what has happened with the rise of acid attacks. It came at a time when there were greater attempts by law enforcement agencies to control other weapons. Many would-be perpetrators saw loopholes in the existing system that are now being addressed, so they chose to use acid, because it is a lot easier and cheaper to purchase and causes an enormous amount of physical and psychological scarring.
Louise Haigh
Q
Rob Owen: I think it is very varied. We do work on prevention. Through SOS+ we go into quite a few PRUs. They have been fantastically helpful and welcoming. It is really mixed. A lot of schools do not like to admit that there is a gang problem—some primary schools particularly are very worried about admitting that they are becoming targeted.
The gangs are becoming much more sophisticated in the way they recruit. They often do it through siblings. It is not simple. The different county lines are not uniform; they all have their own style and tolerance to violence. They all do it slightly differently, but there is a theme emerging that any child excluded from school becomes a target, because they have become alienated, and are the sort of material that the gangs are looking for.
Sadly, the people we are looking at are 10, 11 and 12-year-olds. It is no longer 16 or 17-year-olds. County lines have been going forever, but it was always older kids doing it. Now the real problems are the level of sophistication in almost brainwashing them into the gang, the levels of violence that are associated with those gangs, and the targeting of kids who have been excluded from school.
Patrick Green: I would echo that. It is really sad. We work with a lot of young people who have been excluded from school. There is no question that they are in a particularly difficult place in terms of the level of intervention and support that they need. I feel that some schools, as you would expect, do that a lot better than others.
I do not think that there is universal engagement at the moment. Things have definitely changed. Certainly, schools listen to Ofsted. We could get far more co-operation from Ofsted in terms of safeguarding, not just in the school itself but in the surrounding area and on the journey that young people make to and from school.
I just think that far too many young people are being excluded from school in the first place. We can probably tell when primary schools come to us and highlight young people whom we are already concerned about, purely from the attitude that we can see in a short two-hour workshop. Far more could be done in terms of safety nets and checks and balances on young people. When they get to being excluded from school, it is really difficult and a tough road back.
John Poynton: There is a real need to not make the schools and the young people feel as if they just have to focus on a lesson on gangs and knife crime. We have all mentioned that knife crime, gangs and county lines are symptoms of much deeper, longer-term root causes. Schools will probably not have any problem recognising that they have children who have had adverse childhood experiences throughout their lives. They have parents who perhaps are not able to support their children in quite the way they need. I suppose I really want to look at how schools are supported to engage the families and the children on those root-cause issues, rather than at trying to talk a headteacher into just having a gangs, knives or county lines lesson plan in their personal, social, health and economic education. I think you need to do both but, again, this is similar to my point about showing weapons that have been taken off the street. In going into schools, my colleagues here obviously do a very good job of ensuring that children are not traumatised. For children who perhaps are not engaging or listening in quite the same way as those who are going to stay on in mainstream education and do well, they might hear that this is normal. There is an element of re-traumatising, or possibly triggering a previous childhood trauma.
For me, it is again about ensuring that schools are better supported to work as early as possible around adverse childhood experience and support the parents through primary school, so that, as Rob pointed out, we are not having to bring the personal, social and health education lessons around county lines and gangs lower and lower, because we should be meeting it at the very beginning.
It is less threatening to teachers and to heads to talk about how we support all children with adverse childhood experience from reception, rather than to try to go backwards in talking about the more worrying subjects. I am not saying it is either/or; it is both.
The Chair
We will now hear oral evidence from the Crown Prosecution Service, the London Borough of Croydon and the Chartered Trading Standards Institute. We have until 11.25 am for this session. Would you like to introduce yourself briefly?
Andrew Penhale: My name is Andrew Penhale, I am the chief Crown prosecutor for the north-east of England. In common with many chiefs, I have a legal lead area, which is knife crime, gang crime, firearms and corrosive substances.
Ben Richards: Good morning. My name is Ben Richards, I am from the Chartered Trading Standards Institute. I am here as a double act with Trish. My background is doing our workforce survey for the last few years, so I offer the national perspective, while Trish has the more legislative perspective.
Trish Burls: Good morning. I am Trish Burls, I am the manager of Croydon trading standards and the London lead for trading standards in relation to knife test purchasing, alongside the Metropolitan police.
Victoria Atkins
Q
Andrew Penhale: It probably has not been adequately dealt with as it should be. Part of the work we have been doing in conjunction with trading standards and the Metropolitan police has been to look at measures to deal with online companies that sell knives without putting checks in place. The obvious check for a standard retailer is that you can ask for ID when somebody comes to pick it up. Responsible retailers will do that. Online, that is a little more difficult. There is a declaration, and if a credit card is used, that may to some extent offer a guarantee that somebody is 18, but of course, people can lie. Online retailers do not always put in place the checks that they should. There have been test purchases made and companies have been given warnings. There are current test purchase investigations underway.
The Bill changes the picture because it imposes concrete obligations on retailers to check the age of the purchaser and to ensure that the items are delivered only to somebody who is 18. That is a completely different picture from what we have had before. It also requires the packaging to be marked up accordingly so that it is clear to the deliverer, who may be completely different from the retailer. The Bill imposes a series of obligations that are really needed, because at the moment the online picture is not one where the checks are adequate.
Victoria Atkins
Q
Andrew Penhale: That is true. The trouble is in establishing that all due diligence and checks are put in place. That is quite clear when you have got a retailer like Sainsbury’s, for instance, with a face-to-face transaction, because they can ask the question. It is a bit more complicated in the online sphere. How do you carry out a check? Without improved measures there is not really a position. The law has not kept up with technology, and as a result the Bill is really needed to resolve that.
Trish Burls: I think we should make a distinction. The police take prosecutions through the CPS route, whereas local trading standards departments take them through their local authority’s prosecution route. As far as I am aware, trading standards have not taken any online prosecutions. The onus of a prosecution will fall on a local team’s budget. The work we have done up to now has been alongside the police.
The new measures are welcome. However, it is important to say that we are missing a set of statutory powers in the Bill, which will not necessarily aid trading standards in carrying out much more work in that area.
Victoria Atkins
Q
Andrew Penhale: Again, it is important and needed. There is this gap with online provision, and it is really important that that is duplicated from knives. It is exactly the same problem: there needs to be a verification process to ensure that they are delivered to people 18 or over.
Ben Richards: We mirror the importance of this, and we understand that. As Trish has touched on, the issues are within statutory duties and resources to be able to take on duties on top of those already being carried out.
Louise Haigh
Q
Trish Burls: For trading standards officers, yes, it is.
Tuesday 4th September 2018
(6 years, 3 months ago)
Public Bill CommitteesOffensive Weapons Act 2019 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 4 September 2018 - (4 Sep 2018)
This text is a record of ministerial contributions to a debate held as part of the Offensive Weapons Act 2019 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)
Clause 1(10) provides a delegated power for the Secretary of State, and for the Department of Justice in Northern Ireland, to amend schedule 1 by secondary legislation. Such regulations would be subject to the affirmative procedure. Any changes required in future will be undertaken on the advice of the police—including Police Scotland, which would not be covered by the amendment because it is not part of the National Police Chiefs Council—and of our scientific advisers, the Defence Science and Technology Laboratory. We would also consult with manufacturers, retailers and the Scottish Government before making any regulations to amend the schedule.
Although we would take police and scientific advice, consult with others and make the outcome of those discussions available to Parliament when making any regulations, we do not think that there needs to be a legal requirement to publish evidence. Parliament will have ample opportunity in the debates on the regulations in both Houses to question the Government about why we are amending the schedule. Having a legal requirement could also lead to problems; for example, if the NPCC changed its name, further primary legislation would be needed before any regulations could be made.
Stephen Timms (East Ham) (Lab)
Clause 1(10) refers to the “appropriate national authority” to make additions or changes to schedule 1. Could the Minister clarify what that authority will be? Will it be a different authority in different parts of the UK, or a single authority throughout?
A couple of times, the Minister made the helpful point that regulations to make such changes will be subject to the affirmative rather than the negative procedure. Could she point us to where in the Bill that assurance is provided? I have not been able to find it.
Victoria Atkins
The appropriate national authority will be the Secretary of State in England, Wales and Scotland, and the Department of Justice in Northern Ireland. We will consult the Scottish Government, however, because clauses 1 to 4 deal with matters that are reserved in relation to Scotland.
The right hon. Gentleman raises an important point about where in the Bill the affirmative procedure is specified. Clause 37(2) requires that regulations be
“approved by a resolution…of each House of Parliament.”
As ever, I am extremely grateful to the right hon. Gentleman for his forensic eye for detail, and I invite the hon. Member for Sheffield, Heeley to withdraw the amendment.
Louise Haigh (Sheffield, Heeley) (Lab)
As with the previous group of amendments, I thank the Minister for her response. I am satisfied that the legislation referred to in clause 1(10) will fulfil the objective that our amendment was attempting to achieve. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendment made: 14, in clause 1, page 2, line 29, at end insert—
“( ) See section (Presumptions in proceedings in Scotland for offence under section 1, 3 or 4) for provisions about presumptions as to the content of containers in proceedings in Scotland.”
This amendment and Amendments 16, 19, 20, 31, 33, NC5 and NC6 provide for certain evidential presumptions relating to the nature of substances that are or were in containers to apply in Scotland in relation to an offence under section 1, 3, 4 or 5 involving a corrosive substance or product.—(Victoria Atkins.)
Question proposed, That the clause stand part of the Bill.
Louise Haigh
There is an issue that has not been raised through any amendments, and I hope the Committee will bear with me as I briefly address it. Clause 1(8) relates to the coming into force of section 281(5) of the Criminal Justice Act 2003. We attempted to table an amendment to ensure that this provision is enacted within six months of the Bill coming into force. The subsection was legislated for 15 years ago and is still to come into practice. There is concern that the Government continue to bring forward legislation—as I am sure the previous Labour Government did—that rests on magistrates courts being able to give sentences of up to 12 months.
I understand from previous conversations with the Minister’s colleagues that there are some issues for the Ministry of Justice around enactment but, 15 years on, we need to overcome them. If we cannot, we should not be putting such provisions into new legislation, pretending that we can. I would like the Minister to clarify whether we are likely to see those provisions coming into force. If not, should we not be clear in the legislation that, in reality, the sentencing is six months and not 12 months?
Victoria Atkins
I note that the amendment in question was not permitted in the groupings, Mr Gray. With regard to the 2003 Act, the hon. Lady has correctly identified that this is a Ministry of Justice matter, and this small Bill is not the place to introduce a provision that will have ramifications across the whole of the criminal justice system. We keep magistrates’ sentencing powers under review, but there is currently no intention to implement provisions of the 2003 Act in the Bill.
Question put and agreed to.
Clause 1, as amended, accordingly ordered to stand part of the Bill.
Schedule 1 agreed to.
Clause 2
Defence to remote sale of corrosive products to persons under 18
Question proposed, That the clause stand part of the Bill.
The Chair
Just for the information of the Committee, the consultation responses from the Government are now available and in the room, if hon. Members would like to have a look.
Louise Haigh
Thank you, Mr Gray, and I thank the Minister for providing those consultation responses. We welcome clause 2 on defence to remote sale. It is an extremely important part of the Bill, because a significant proportion of the purchasing is likely to occur online, as it does at present.
Our concerns relate to the defence to remote sale under condition A, which I referred to earlier:
“that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence”.
In subsection (6)(a), a seller is regarded as having taken all due diligence if they
“operated a system for checking that persons who bought corrosive products…were not under the age of 18”.
We know from evidence given to the Committee that there are concerns about what a system for checking persons who bought corrosive products would look like. Would it look like the online age verification controls introduced by the Digital Economy Act 2017? That would present significant difficulties. That legislation was limited to major commercial players, which have the means and capacity to implement age verification controls. However, such controls have proven perilously difficult to implement in a workable form. Has the Home Office considered what standard of age verification software or controls would be acceptable under clause 2?
The British Retail Consortium said:
“Ideally, we would like to see some standards, so we can be sure that online age verification systems developed by businesses such as Yoti and others will be accepted as due diligence by the enforcers.”––[Official Report, Offensive Weapons Public Bill Committee, 17 July 2018; c. 62, Q154.]
Currently, offline systems are standardised and clearly laid out in the legislation, but it is difficult for retailers to be sure that they are complying with online systems, which is why the Government are banning the delivery of corrosive products and bladed articles to residential premises, to make sure they are complied with. However, I want to press the Minister on what age verification controls the Government have considered and, as we will come to later, why they do not consider them sufficient to prevent the delivery of corrosive products and bladed articles to under-18s.
Victoria Atkins
I am grateful to the hon. Lady for her speech. We have not set out in the Bill the measures that businesses could take to satisfy themselves that the person to whom they are selling is under 18 because we are conscious that different age verification systems are available, and the technology is developing at a very fast pace, as we have seen in relation to the Digital Economy Act 2017. We did not want to stipulate a specific approach in primary legislation for fear that it would quickly run out of relevance.
However, there are conditions of due diligence under the defence in clause 2. There has been a certain amount of misunderstanding about the conditions in the defence relating to knives—which I will come to in due course—but clause 2 is about ensuring that these dangerous substances are not sold to under-18s. We want sellers of these products to understand from the very beginning that they have a duty of due diligence to determine the age of those to whom they are selling. We know, from experience of other age-controlled items, that businesses will quickly develop these systems. It will be for the seller to show that they have robust age verification systems in place.
Louise Haigh
I completely agree, and I would never advocate including technological guidance or prescriptions in primary legislation. However, would it not be advisable to set standards that we expect retailers to comply with, for both corrosive substances and bladed articles, particularly given the very low rates of prosecution by trading standards? Perhaps there is an issue with “due diligence” being too vague for trading standards to be able to bring prosecutions forward.
Victoria Atkins
In other statutes—for example, the Health and Safety at Work Act 1974—we have the test of “reasonably practicable”. I am anxious that, if a case reaches the court, we do not bind the hands of a magistrate in determining the facts of the case. I will happily consider what I think is the hon. Lady’s point about whether there is scope to provide best practice, guidance and so on, but we are of the view that the defence as it stands should be set out in statute and that it should then be for businesses and retailers to ensure that they comply with the law.
Louise Haigh
I am grateful for that reply, but a bit concerned that the Home Office had not already planned to issue guidance to online retailers. With something like this, I would have thought that, given that some retailers are not currently subject to age verification legislation at all, the Home Office would automatically issue guidance on what it would expect such age verification to look like—not best practice, but a standard beneath which a retailer would not be able to fall under the legislation. Is that not the case?
Victoria Atkins
We will publish guidance when implementing the Bill.
Question put and agreed to.
Clause 2 accordingly ordered to stand part of the Bill.
Clause 3
Delivery of corrosive products to residential premises etc
Amendments made: 15, in clause 3, page 4, line 35, at end insert—
‘(13) In Scotland, proceedings for an offence under this section may be commenced within the period of 12 months beginning with the commission of the offence.
(14) Section 136(3) of the Criminal Procedure (Scotland) Act 1995 (date when proceedings deemed to be commenced) applies for the purposes of subsection (13) as it applies for the purposes of that section.”
This amendment provides for proceedings in Scotland for an offence under Clause 3 to be brought within 12 months of the commission of the offence. Under section 136 of the Criminal Procedure (Scotland) Act 1995 the default period for bringing summary proceedings is 6 months.
Amendment 16, in clause 3, page 4, line 35, at end insert—
‘( ) See section (Presumptions in proceedings in Scotland for offence under section 1, 3 or 4) for provisions about presumptions as to the content of containers in proceedings in Scotland.” —(Victoria Atkins.)
See the explanatory statement for Amendment 14.
Clause 3, as amended, ordered to stand part of the Bill.
Clause 4
Delivery of corrosive products to persons under 18
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
I beg to move amendment 43, in clause 4, page 4, line 41, leave out
“and the seller is outside the United Kingdom at that time”.
This is a probing amendment to allow debate on whether the offence should be restricted to where the seller is outside the United Kingdom.
Louise Haigh
I rise briefly to congratulate my right hon. Friend on the ingenious way he has brought forward the new clause to tackle the thorny issue of websites outside the UK and the difficulties that the Government will have in prosecuting those who attempt to sell corrosive substances and, indeed, bladed articles, which are dealt with later in the Bill.
I want particularly to address the issue of platforms. As my right hon. Friend said, platforms such as Wish, eBay, Facebook Marketplace and Amazon proliferate the use of horrendous weapons. In 2016, a teenager killed a young man called Bailey Gwynne in a school in Aberdeen. He was cleared of murder, but convicted of culpable homicide. He had paid £40 on Amazon for a folding knife with an 8.5 cm blade. It is illegal even under the current law—prior to the Bill—to sell a folding knife to a buyer aged under 18 if the blade is more than 3 inches long, but that 16-year-old had been able to get around Amazon’s age-verification checks by pinning a note to his front door rather than accepting delivery in person.
I am sure that large retailers and online providers such as Amazon will comply with this new legislation, but individual sellers who sell through Amazon, Facebook Marketplace, eBay and so on are unlikely to comply, so there has to be a way, if we do not use the exact wording that my right hon. Friend has proposed, for us to crack down on platforms; otherwise, we will leave a gaping hole that will render essentially meaningless the worthy principles that the Bill is designed to implement.
Victoria Atkins
I am extremely grateful to the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East and the right hon. Member for East Ham for the amendments and the new clause. If I may, I will deal with amendments 43 and 44 first and then move on to new clause 9.
I start by saying that, sadly, it is of course not just in the context of the use of offensive weapons that there are people who do not have the scruples that we do when it comes to crimes and harms; they use online platforms to sell their wares. Indeed, only yesterday my right hon. Friend the Home Secretary gave a powerful speech on his expectations of all members of the tech industry when it comes to addressing the horrific prevalence of child sexual exploitation online. We are discussing here a different form of criminality, but of course we have to work to ensure that criminals do not have a gaping hole open on the internet to sell these horrific weapons.
Section 141 of the Criminal Justice Act 1988 prohibits the sale, importation and other things of disguised knives. The Bill extends that to cover their possession, so I hope that that addresses the point made about the disguised weapon that Mr Butt—
Stephen Timms
Can the Minister clarify the law on this? If it is illegal to sell disguised weapons in the way that she has just said, but there are loads of them on eBay and anyone can look them up and anyone can buy them, who is committing an offence in that situation?
Victoria Atkins
If I inadvertently fall into error, I will write to the right hon. Gentleman to correct what I have said. With marketplace platforms such as eBay or Amazon, it depends. Let us take the example of Amazon. Sometimes Amazon sells as a retailer itself and at other times it is acting as—well, it has been described to me as an antiques fair where someone comes and puts up their stall. Because Amazon has headquarters in the UK, we believe that these provisions apply to those instances where it is selling the knives itself, directly. With the marketplace/antiques fair example, we are in very difficult territorial waters, because of course then Amazon is not selling the item directly itself. It depends on where the seller is based. Section 141 of the 1988 Act addresses the importation of weapons. The example of a zombie knife or a disguised weapon would fall under that section.
Stephen Timms
The Minister made the point earlier, if I understood her correctly, that it is illegal to sell a disguised weapon. Lots of those kinds of weapons are freely available on ebay.co.uk, which presumably has some sort of UK presence. They are being sold by companies in China and around the world. If one of those companies sells a disguised weapon to somebody in the UK, has a crime been committed?
Victoria Atkins
These weapons, I hasten to add, are the ones described under the 1988 Act and under the Criminal Justice Act 1988 (Offensive Weapons) Order 1988. If an item is an offensive weapon under that order, its importation is an offence. I am pretty sure I am on the right track. If the sale was a UK seller to a UK buyer, that is covered by section 141, but if it was a Chinese seller, using the right hon. Gentleman’s example, we do not have jurisdiction. We do, however, have jurisdiction over the person buying a disguised weapon, which is obviously one of the harms we are trying to address in the Bill.
Stephen Timms
But if it is, as it would be in the case of an eBay purchase, an individual buying the product online and then receiving it through a postman or courier, has anyone committed an offence? If so, who is it?
Victoria Atkins
I am struggling to keep up with the example. If an individual has imported a disguised weapon, it falls under section 141. If a UK purchaser has bought it from a UK seller, then both can be prosecuted under section 141 because sale and importation are in that section. If it is a UK buyer and an overseas seller, it is the buyer of a disguised weapon who falls foul of section 141. I hope that assists the right hon. Gentleman.
To deal with the point that the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East made—I am moving on from amendments 43 and 44—we do not want to put deliverers, couriers and office workers in the impossible position of trying to guess whether a parcel may or may not contain offensive weapons, which is why we have defined things in the way we have in the Bill. There is a contract with the delivery company and the seller to deliver it. We would obviously expect the seller to make it clear, or for the delivery company to satisfy itself, that the requirements of the Bill were being met.
On new clause 9, I have already referenced the Criminal Justice Act 1988 (Offensive Weapons) Order 1988. It is already an offence to sell, manufacture, hire, loan or gift such weapons in the UK and to import such items, so we are of the view that the criminality that the right hon. Member for East Ham rightly seeks to address is covered by existing legislation, regardless of whether it occurs inside or outside the EU.
Stephen Timms
The Minister has given the Committee a lot of helpful information. From what she says, anyone who buys the kind of product that I described, which is freely available on eBay, is committing an offence. If I buy a disguised weapon on ebay.co.uk from a Chinese company, I am committing an offence. How is it that eBay continues to offer all these things on its platform? At the very least it is highly irresponsible because, by definition, anyone who clicks on that item and makes a purchase is committing a crime. Surely that should not be permitted?
Victoria Atkins
That is a very good question for those tech companies—not just eBay but others—that allow those items on to their platform. The right hon. Gentleman knows that the Government will look at the huge issue of online responsibility and online harms in a White Paper being published later this year. That will cover not just the incidences we are looking at now but sexual abuse, violence, online trolling and bullying, and so on. These are all issues that we have drawn consultations on and that we are carefully considering. I will make sure that the Home Secretary and the Secretary of State for Digital, Culture, Media and Sport very much bear the right hon. Gentleman’s point in mind.
Stephen Timms
I rise to make a contribution. The Minister referred to the obligations that the clause places on delivery companies in cases where purchases are made from a company outside the UK, as we have just discussed, with the onus therefore needing to be on those companies. Will she spell out for us what checks the delivery company will be required to make? She emphasised the importance of not making unreasonable demands of delivery companies, but how far will the legislation expect them to go in making sure that they are not delivering a corrosive product to somebody’s home?
Victoria Atkins
The defence is set out in subsection (5). It is the same threshold as that set out in clause 2: taking all reasonable precautions and exercising all due diligence.
Stephen Timms
I am grateful, Mr Gray, and I apologise for the confusion. I will make one final contribution, if I may. Can the Minister tell us a little more about what is regarded as reasonable? If a delivery company enters into a contract to deliver products from a supplier outside the UK and that supplier says that none of the products is corrosive, and if the delivery company believes them, has it taken all reasonable steps, or should it check the consignments to see what is in them? Should it check all of them, or just some of them? It would be helpful if the Minister could tell us a little more about what is expected of delivery company in such situations.
Victoria Atkins
The delivery company will know the nature of what it is delivering, because it will be under the arrangements with the seller. It is about whether the person it is handing the package to is over the age of 18. I am speculating, but it may well be that delivery companies set demands and expectations on the people with whom they enter into agreements when people are selling corrosive substances or bladed articles. The point is that it is about a contract to deliver substances or products that may fall under the Bill, as well as knives.
Stuart C. McDonald
I am grateful to the Minister for her explanation. I will give it some further thought. A couple of points in her explanation seemed to hinge on not wanting to allow posties and so on to get caught up in these provisions. We must remind ourselves that, as I understand it, this offence will be committed by a body corporate, so we will in no way see posties being brought before a court of law and so on. I am not sure that properly explains why the Government have limited the offence to where the seller is outside the UK—I will give it some thorough thought—nor why the state of awareness has to be quite as high as it is. I will take it away and think about it further, but in the meantime I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Victoria Atkins
I beg to move amendment 17, in clause 4, page 5, line 13, leave out “is guilty of” and insert “commits”.
This amendment and Amendment 23 have the effect that Clauses 4(4) and 18(4) provide that a person commits an offence in specified circumstances rather than that a person is guilty of an offence in those circumstances. This is for consistency with other provisions in the Bill and does not change the legal effect of Clauses 4(4) and 18(4).
The Chair
With this it will be convenient to discuss Government amendments 23, 24, 25, 26, 27 and 28.
Victoria Atkins
These are amendments to iron out a couple of drafting inconsistencies in the Bill. Clauses 4(4) and 18(4) say that a person “is guilty of” an offence in certain circumstances, whereas the other free-standing provisions of the Bill, such as clause 1(1), say that a person “commits” an offence in certain circumstances. Both formulations appear on the statute book and work legally, but we are looking to adopt the “commits” approach, for the sake of consistency.
Government amendments 24 to 28 pick up a point made by my hon. Friend the Member for Shipley (Philip Davies) on Second Reading. He pointed out that the definitions of “serious physical harm” in section 1A(2) of the Prevention of Crime Act 1953 and section 139AA(4) of the Criminal Justice Act 1988 need to be omitted. That is because clause 26 of the Bill now replaces references to “serious physical harm” in section 1A(1) of the 1953 Act and section 139AA(1) of the 1988 Act with “physical harm”. Unfortunately, that was not picked up when the Bill was drafted and we are now taking the opportunity to correct that oversight. I thank my hon. Friend for spotting the inconsistency. All these amendments are minor and technical in nature.
Amendment 17 agreed to.
Amendments made: 18, in clause 4, page 5, line 45, at end insert—
“(11) In Scotland, proceedings for an offence under this section may be commenced within the period of 12 months beginning with the commission of the offence.
(12) Section 136(3) of the Criminal Procedure (Scotland) Act 1995 (date when proceedings deemed to be commenced) applies for the purposes of subsection (11) as it applies for the purposes of that section.”
This amendment provides for proceedings in Scotland for an offence under Clause 4 to be brought within 12 months of the commission of the offence. Under section 136 of the Criminal Procedure (Scotland) Act 1995 the default period for bringing summary proceedings is 6 months.
Amendment 19, in clause 4, page 5, line 45, at end insert—
“( ) See section (Presumptions in proceedings in Scotland for offence under section 1, 3 or 4) for provisions about presumptions as to the content of containers in proceedings in Scotland.”—(Victoria Atkins.)
See the explanatory statement for Amendment 14.
Clause 4, as amended, ordered to stand part of the Bill.
Louise Haigh
I beg to move amendment 52, in clause 5, page 6, line 44, after “otherwise” insert
“, and any place other than premises occupied as a private dwelling (including any stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is used in common by the occupants of more than one such dwelling).”
This amendment would extend the definition of public places in relation to England and Wales and Northern Ireland.
This amendment was specifically requested by serving police officers because of concerns about the definition of public place referenced in this clause. I appreciate that it is also referenced in other pieces of legislation, so I fully accept and expect that the Minister will raise concerns about differing definitions of public place, but it is important to have this debate about the clause, given the gravity and extent of the offences that could be committed, and because of the police’s concerns that the definition is too narrow and limits their powers in the event of possession in a communal area of a residential dwelling.
Our intention is to make it absolutely clear that “public place” also refers to any area that is exempt from the definition in the Bill due to its not being a place where any ordinary member of the public has access, but which is still regarded as a public place because it is not within a premise occupied as a private dwelling. Such places include any stair, passage, garden, yard, garage, outhouse or other place of such premises that is used in common by the occupants of more than one dwelling.
The amendment helpfully mirrors legislation in Scotland that gives the police broader powers to ensure the safety of residents in communal areas—clearly because of criminality that has taken place in such areas and in response to the police’s limited powers to take action. The existing definition of “public place” in section 1 of the Prevention of Crime Act 1953 is
“any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise”.
In Scotland, in this Bill and other legislation, it is
“any place other than premises occupied as a private dwelling”,
such as a garden, yard or outhouse. That reflects the existing definition of “public place” in Scottish legislation. The offence of having an offensive weapon, or a bladed or pointed article, in a public place is set out in sections 47 and 49 of the Criminal Law (Consolidation) (Scotland) Act 1995.
A 2011 report by the Scottish Government explained that the definition was changed to capture locations such as the ones in our amendment. The explanatory note to section 37 of the Criminal Justice and Licensing (Scotland) Act 2010 made it clear that possession in a public place offences
“may be committed by possession of an offensive weapon or a knife on the common parts of shared properties such as common landings in tenement blocks of flats.”
We strongly believe that these measures must be extended to those public places to bring security to residents in those areas and to give the police the power to act if offensive weapons are possessed within them. It is clear that the police need and want this power, and we see no reason why we should not align ourselves with the measures in Scotland.
Victoria Atkins
I am grateful to Opposition Members for tabling this amendment. It proposes that we extend the definition used in England, Wales and Northern Ireland to bring it closer to the definition used in Scotland, which would be an extension of the current definition and would include private properties. I absolutely understand why the police and others are seeking to close what they perceive to be a gap in the law. It appears that some private properties would not be covered by the offence in clause 5.
Of course, possessing a corrosive substance in a private place is not an offence. It may well be that some of us have an assortment of cleaning products that would qualify as corrosives in our home, so the Bill does not seek to make it illegal to possess a corrosive in a dwelling. There may well be properties that are not homes and have legitimate uses for corrosive substances, some of which we have already discussed during our scrutiny of the Bill. We do not want the Bill to criminalise members of the public who are going about their daily lives or enjoying a hobby outside their home.
The amendment applies solely to the offence of possession. It is worth noting that a number of other criminal offences are available to the police, in relation to threatening with a corrosive. For example, there is the offence of threatening the use of a corrosive substance as an offensive weapon, and it would be possible to charge a person with common assault under the 1998 Act or with a public order offence. I can see that there may be some benefit in expanding the definition to cover possession in all places that are not dwellings. I would be grateful if the Committee would allow me time to consider this matter further with my officials.
Louise Haigh
I am very grateful that the Minister is willing to consider the amendment. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendment made: 20, in clause 5, page 7, line 4, after “See” insert “—
(a) section (Presumptions in proceedings in Scotland for offence under section 5) for provisions about presumptions as to the content of containers in proceedings in Scotland;
(b) ”—(Victoria Atkins.)
See the explanatory statement for Amendment 14.
Question proposed, That the clause stand part of the Bill.
Victoria Atkins
I will definitely have to write to the hon. Lady on that last point. That is all about concentrations and how long the substance has to be on the skin to corrode.
In answer to the question that the right hon. Member for East Ham asked about how subsection (2) as a defence adds to subsection (3), which is the specific work defence, it is to cover situations where, for example, someone might have bought a high-strength drain unblocker and are taking it to use at home. In the example he gave of the substance being decanted into a Lucozade or drinks bottle, the act of decanting the substance into another bottle would be a strong aggravating feature, certainly if I were prosecuting and hoping to prove my case on not being able to rely on subsections (2) or (3).
On the clause as a whole, we hope that this new offence will be able to help the police in the important and difficult work they do in tackling these crimes. I heard what the hon. Member for Sheffield, Heeley said about testing kits. We will have to review the policy of supplying them on the basis of what we know. After all, as the right hon. Member for East Ham said, his borough sadly has the highest incident of acid or corrosive substance attacks, but in other parts of the country they simply do not happen. I do not want to tempt fate or to mention the word “resources,” but we want to ensure that the resources are best deployed where the need is clear, as it is in some parts of London.
I hope that the Committee supports the clause, which will mean that the police can deal with someone carrying around acid for no good reason—
Louise Haigh
I am grateful to the Minister—I appreciate that she was literally about to sit down. I am a bit concerned about how that will work in practice. As a former special constable—I know I mention that often—I struggle to see how I would have implemented this offence without the testing kit being available. If I do not have such a kit and I stop and search someone, perhaps finding a water bottle, what am I meant to do? Obviously I am not going to test it on my own skin, so I would have to take the person to the police station to do forensic tests there, which seems like an unconscionable use of police resources. It is difficult to envisage how the police will implement the legislation if they do not all have the testing kit available, although I completely appreciate the Minister’s point about directing the kits to where the problem is most prevalent.
Victoria Atkins
Of course, the police will be leading our knowledge on this with the College of Policing and the National Police Chiefs Council, so I do not want to commit to every single constable having a kit in their possession, in case those who know day-to-day policing in and around their force areas say, “Actually, we don’t think we need it in this area.” I do not want to make a promise, only for it not to happen in good faith. If I may, I will leave the Government’s answer as being that we will of course consult the police on the deployment of the testing kits.
Karin Smyth (Bristol South) (Lab)
May I comment on what we have just heard? I am resident in the Bristol area, and I am slightly concerned that the Minister suggested that in certain parts of the country we might not be looking further. We had an incident just outside Bristol, in the suburbs, in an area that might not normally be expected to have such an incident. We do not know the details yet, so I cannot comment further, but it highlights the fact that even in a family retail park, in essence, that sort of incident can still happen. Equally, over the summer I was out with the DVSA and the police to look at the testing of diesel in relation to trailer safety, and the logistics of how we equip officers for testing need to be thought through more. I am a little concerned that we do not seem to know how the testing will be operationalised. It would be helpful to know that before the Bill returns to the Floor of the House, so that we can be clear about how, operationally, police officers will be equipped to respond to this offence and whether they will be carrying more kit and so on.
Victoria Atkins
I absolutely understand the spirit in which the hon. Lady raises the issue. However, we have been very keen to act as quickly as we can. The Government, with all our various layers of consultations, work-rounds and so on, wanted to get this piece of legislation before the House as quickly as possible so that the police have the powers and can start to deploy them.
We have commissioned the Defence Science and Technology Laboratory, along with the NPCC lead, to develop the testing regime that will allow officers to test suspect containers for corrosive substances. A project team has been appointed and a work programme is being developed. I do not know—though I will ask the question—whether, frankly, I will be able to provide the Committee with an answer about force decisions on whether every police officer will be given a test kit. In fact, I suspect I will not be able to, because that is a matter for the chief constables. Once we have developed this, it will be for chief constables and police and crime commissioners to assess their local policing landscape and see whether this is a piece of equipment that they feel the officers need.
I am trying to leave my answer as open as possible, not because I am not trying to help the Committee, but because I want to give the police and the commissioners the space to be able to make the right decisions that are appropriate for their areas. Clearly, there will be some areas, such as certain parts of London, where this will be a really important piece of kit. There will be other parts of the countries where frankly it will not be, because there has not been any such attack.
Louise Haigh
I think my hon. Friend the Member for Bristol South was asking whether it would be possible for this information to be made available before the Bill returns to the Floor of the House on Report. In particular, although I appreciate that its roll-out will be a decision for chief constables and police and crime commissioners, will it be made clear whether they will be provided by the Home Office or whether police forces will have to pay for them out of their budgets?
Victoria Atkins
I am conscious that the project team is being appointed and a work programme is being developed. I will use my best endeavours to bring those answers before the next stage of the Bill, but if I am not able to, that will be because these matters are out of my hands and the laboratory or others may need more time to provide those answers. We want to get the Bill passed as quickly as possible and we want to be able to help officers to use clause 5, where they need it, as quickly as possible.
Question put and agreed to.
Clause 5, as amended, accordingly ordered to stand part of the Bill.
Clause 6
Appropriate custodial sentence for conviction under section 5
Question proposed, That the clause stand part of the Bill.
Louise Haigh
As with the entirety of the Bill, we fully support the intention and most of the content of the clause, but we share the concerns of some of those who have given evidence to the Committee and to the Home Office about mandatory minimum sentencing for children. The clause has been lifted from an amendment to the Criminal Justice and Courts Act 2015, proposed by the former Member Nick de Bois, that introduced a two-strikes sentence, meaning that adults convicted more than once of being in possession of a blade will face a minimum six-month prison sentence and a maximum of four years, and that children aged 16 and 17 will face a minimum four-month detention and training order.
Since that legislation was introduced, there have been multiple media reports that have suggested that those sentencing arrangements are not being carried out for adults or children covered by that clause. Will the Minister provide details of how many offenders have been sentenced under those provisions and whether there has been monitoring of how many offenders do not receive a custodial sentence included in that clause, having been charged and convicted of knife possession on two separate occasions?
For example, the Telegraph reported in March 2016 that provisional data indicated that since the legislation was introduced, only 50% of offenders had been jailed, while another 23% had been given suspended sentences. Of those offenders, 907 were adults and 50% received a custodial sentence with an average sentence length of 6.6 months. It stated that
“The remaining 59 cases were offenders aged 16 or 17, with…46 per cent receiving an immediate custodial sentence.”
Has there been any review by either the Home Office or the Ministry of Justice of whether those reforms in the 2015 Act are being implemented by the courts—and, more importantly, of whether those reforms are effective? Are they improving public protection? Are they acting as a deterrent to children and adult offenders? Are they reducing recidivism? Has there been any review of the measures? If not, would it not have been desirable to conduct such a review before bringing forward the identical measures in this Bill?
Part of the written evidence we received came from the Standing Committee for Youth Justice, which made a compelling case as the Criminal Justice and Courts Act 2015 passed through Parliament—it restates it here: that mandatory minimum sentences for children do not necessarily act as a deterrent, do not necessarily rehabilitate children who are caught with knives and do not ensure that the public are protected, as opposed to when the judiciary has full discretion.
The Children’s Commissioner said in evidence:
“I want to have a system that can respond to individuals, so my instinct is not to go down the mandatory minimum sentences route but to look at individual cases.”––[Official Report, Offensive Weapons Public Bill Committee, 19 July 2018; c. 90, Q223.]
I fully acknowledge that during that same evidence session we heard from the Victims’ Commissioner, who said:
“I have to say that victims tell me they want mandatory; only then will it be effective.”––[Official Report, Offensive Weapons Public Bill Committee, 19 July 2018; c. 91, Q223.]
Of course, it is understandable that victims and the public at large should want to see people who commit, or intend to commit, abhorrent criminal offences sent to prison for a reasonable amount of time, but the ultimate objective of custody must be to reduce offending and keep the public more secure. To achieve that, we believe that we have to look at each individual case, especially when it involves children, and the judiciary should have full discretion to respond appropriately.
The Standing Committee for Youth Justice’s evidence is compelling in that regard. On the claim that custody acts as a deterrent, it contests that awareness of second sentencing among children is perceived by frontline practitioners to be low. There are many children in and around the criminal justice system who we would not expect to make rational choices, in the economic, behavioural sense of the word.
As well as that, children carry knives and weapons for numerous and complex reasons, often because of the perception that it is necessary for self-protection. Punitive measures, particularly custodial measures, are unlikely to act as a deterrent, even if the child is aware of the punishment and able to act rationally. In other words, for those children who fear for their safety and their lives, carrying a knife or corrosive substances may be seen as the rational course of action, and the threat they are facing—perceived or real—will be more significant than the threat of a custodial sentence. Research on deterrents has consistently supported that, with studies finding little or no evidence that sentence severity or the threat of custody acts as a deterrent to crime for children.
The statistics on knife-crime offences also support that evidence. Since the introduction of mandatory minimum custodial sentencing in 2015, the number of children convicted of possession or threatening offences involving bladed articles or offences weapons has risen.
Louise Haigh
I am very grateful to my hon. Friend for that intervention. She has done amazing work chairing the all-party parliamentary group on knife crime, following the tragic experiences of her young constituents. She brings that evidence and wealth of experience to bear, to show that it is not a deterrent.
The other argument made is around public protection. It seems obvious that if an offender is removed from the streets and detained, the public are better protected. That is undeniably true for many offence types and for prolific offenders, but children in and around the criminal justice system are a relatively transient group. They are quickly replaced by others. They can sometimes—more often than not—go through phases of criminality that they grow out of, so custodial sentencing is unlikely to have a significant impact on public protection.
The reoffending rates for children leaving custody are stubbornly high. Last year, more than 68% of children who left custody reoffended within a year, yet for those who received youth community penalties the figure—still too high—was 58%, which is significantly lower. We know from all the evidence that diverting children away from the formal youth justice system is more effective at reducing offending than any punitive response. I completely accept what my hon. Friend said about custody being a relief, but the evidence also indicates that custody is itself criminogenic: it encourages crime.
I am not for a second saying that offenders under 18 should not serve custodial sentences under any circumstances. Only a couple of weeks ago, a constituent of mine was attacked in the street and stabbed five times—including once in the heart and once in the lungs—by a 15-year-old, and I have urged the Crown Prosecution Service to review the sentence that he received on the grounds of undue leniency. However, that just demonstrates that every case is different.
Clearly, in the vast majority of cases, the carrying of acid for a second time should result in a custodial sentence. However, if the youth justice service and the judge deem that other interventions would be more effective, they should have the full discretion to impose them. I do not believe that subsections (2) or (4) provide for that. Will the Minister furnish the Committee with examples of the use of the sister clause of subsection (2) in the 2015 Act? It would be very helpful for us to understand in what circumstances that
“relate to the offence, the previous offence or the offender”
judges have chosen not to implement the mandatory sentencing otherwise expected in the 2015 Act.
I was interested to hear the Minister mention that one reason why the Government decided not to go above the age of 18 for the sale of corrosive substances and knives is that 18 is the internationally recognised age of the child. She is absolutely right: the UN convention on the rights of the child states that clearly. On that basis, how can we justify delivering mandatory minimum sentences for children, when so much of the evidence suggests that it is not effective or appropriate? The UN convention on the rights of the child states that mandatory sentences remove judicial discretion and the ability of courts to ensure that the penalty best fits the circumstance of the offence. Indeed, our own Sentencing Council in the UK said that a custodial sentence should always be a measure of last resort for children and young people; it seems that the clauses directly contradict the Sentencing Council’s guidance.
The Law Society also backs up those concerns. It said:
“In our view, courts should be trusted to impose the most suitable and just sentence in the unique circumstances of the offence and the offender before them. Sentencing guidelines exist to provide consistency and indicate aggravating factors, such as previous convictions. We accordingly do not support the setting of a minimum sentence for corrosive substance offences for the same reason.”
I appreciate that, even if the Minister agrees with these concerns, there are difficulties, given that we are trying to mirror what is already in legislation. However, I hope the Minister will accept the concerns that have been raised. If she is wedded to going ahead with the clauses, perhaps she will provide us with the evidence base for requiring mandatory minimum sentences for children, particularly relating to reoffending, public protection and deterrence.
Victoria Atkins
The clause is being inserted in the context of corrosive substances because we want to mirror the provisions in legislation concerning knives and to send out the clear message that corrosive substances are just as much as an offensive weapon as knives.
On the first occasion when someone comes before the court, the sentencing judge will obviously have all powers and options open to her or him to sentence the person in possession of a corrosive substance or a knife; they will have that power to exercise their discretion. However, as is the case with knives, we want to send out a tough message. Someone who has already been through the court process and stood in front of a judge—who may have given them a community penalty rather than imprisonment if that was deemed appropriate—is then on notice that, if they walk around with a knife or corrosive substance again, a court will have the power to impose an immediate custodial sentence, unless subsections (2) and (4) apply. Subsections (2) and (4) are important, because they allow the court to divert from the mandatory minimum sentence, if it is
“of the opinion that there are particular circumstances”.
Louise Haigh
I fully appreciate that there is a wide spectrum of views out there. In regard to the campaign led by the former Chair of the Home Affairs Committee, I would say that hard cases make for bad law. I made several requests in my speech for the evidence underpinning the clause and the provision in the 2015 Act. Rather than ceding to those siren voices that we routinely hear in this place about increasing sentence lengths—I often add my voice to them too—I would be grateful if the Minister provided us with the evidence that the provision will improve public protection and reduce reoffending.
Victoria Atkins
I am so sorry; I have got a note here. I am going to ask the Ministry of Justice and write to the Committee with a response to the questions the hon. Lady asked about figures and statistics and so on. That material is held by the Ministry of Justice, which owns this territory. I hope that assists the Committee.
Question put and agreed to.
Clause 6 accordingly ordered to stand part of the Bill.
Clause 7
Offence under section 5: relevant convictions
Question proposed, That the clause stand part of the Bill.
Louise Haigh
If I may, I want to ask for one quick clarification in relation to subsection (2), which states:
“References in subsection (1) to a conviction for an offence are to a conviction for an offence regardless of when it was committed.”
Will the Minister confirm that that is compliant with the Rehabilitation of Offenders Act 1974? Is subsection (2) the case even if any such conviction is now spent?
Victoria Atkins
Those who spend a great deal of time and effort in drafting the provisions of the Bill will no doubt very much have that at the forefront of their mind. It might well be that it is such a nuanced position and topic at 8.18 at night that I might have to write to the hon. Lady.
Question put and agreed to.
Clause 7 accordingly ordered to stand part of the Bill.
Clause 8
Search for corrosive substances: England and Wales
Question proposed, That the clause stand part of the Bill.
Louise Haigh
The Minister made a slight reference earlier—it came as a surprise to me—to the Home Office consulting on stop-and-search powers. I note the consultation that the Home Office released last month, which I believe relates to codes C and H of the Police and Criminal Evidence Act 1984. That does not cover stop-and-search, but I note the Home Secretary’s announcement today that he is mulling over increased powers for officers on stop-and-search in relation to corrosive substances. I was confused by that, because clause 8 clearly provides constables with the power, under an amended PACE, to stop and search offenders who they have reasonable grounds to believe have committed, are committing or are going to commit an offence under the Bill.
Can the Minister confirm whether the Home Office is considering additional stop-and-search powers? Is it not convinced that the reformed stop-and-search powers in the Bill are sufficient to tackle the issue of corrosive substances? Does it have further plans to lower the stop-and-search threshold to levels currently associated only with section 60 of PACE, which, as far as I can see, is the only distinction that the Home Secretary could have been making in what he said today? He said that officers would have to have only suspicion, which I assume is a lesser threshold than the current threshold of reasonable grounds. I would be grateful if the Minister clarified exactly what the Home Office is taking further steps on. If it is not convinced that the Bill is sufficient, why is it not tabling amendments at this stage?
Victoria Atkins
While existing powers allow a police officer to conduct stop-and-search for a corrosive substance where it is suspected that a person is in possession of a corrosive substance to cause injury, they do not extend to the proposed new offence of possession in a public place. The proposed extension of stop-and-search seeks to address that gap to enable the police to take preventive action. We have to consult on such an extension, so it is clause 8 that we will be consulting on, but the consultation has not opened yet.
Question put and agreed to.
Clause 8 accordingly ordered to stand part of the Bill.
Clauses 9 and 10 ordered to stand part of the Bill.
Clause 11
Consequential amendments relating to section 5
Victoria Atkins
I beg to move amendment 21, in clause 11, page 10, line 25, at end insert—
‘(1A) In section 37(1A) of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship: effect of provisions requiring imposition of appropriate custodial sentence)—
(a) omit the “or” at the end of paragraph (c), and
(b) at the end of paragraph (d) insert “, or
(e) under section 6(2) of the Offensive Weapons Act 2018 (minimum sentences in certain cases of possession of a corrosive substance),”.
(1B) In section 36(2)(b) of the Criminal Justice Act 1988 (review of sentencing in case of failure to impose appropriate custodial sentence)—
(a) omit the “or” at the end of sub-paragraph (iii), and
(b) at the end of sub-paragraph (iv) insert “; or
(v) section 6(2) of the Offensive Weapons Act 2018.”’
This amendment and Amendments 22, 29 and 30 provide for amendments to be made various Acts in consequence of the provisions in Clauses 6 and 7 on appropriate custodial sentences for the possession of corrosive substances.
The Chair
With this it will be convenient to discuss Government amendments 22, 29 and 30.
Victoria Atkins
These are minor and consequential amendments to clause 11, on the possession of a corrosive substance in a public place, and clause 38, which deals with the extent of the provisions in the Bill. They make amendments to various Acts in consequence of the provisions in clauses 6 and 7 on appropriate custodial sentences for the possession of corrosive substances. The purpose of the amendments is to bring the sentencing measures in relation to the prohibition on corrosives in the Bill in line with those for existing offences involving knives.
Amendment 21 does two things. First, it will allow a court to provide for a hospital or guardianship order under section 37 of the Mental Health Act 1983 as an alternative to a minimum sentence for a second offence of possessing a corrosive, which mirrors the existing approach for knife possession. It also allows unduly lenient sentences to be referred to the Court of Appeal by the Attorney General.
Amendment 22 will prevent the court from imposing an absolute or conditional discharge under section 12 of the Powers of Criminal Courts (Sentencing) Act 2000, where an appropriate custodial sentence must be imposed for an offence under clause 5. It also allows for a reduction in sentence for a guilty plea under section 144 of the Criminal Justice Act 2003, in line with the rules in place for existing offensive weapons offences. Amendments 29 and 30 relate to the territorial extent of amendments 21 and 22, which is England, Wales and Northern Ireland, and England and Wales respectively.
Amendment 21 agreed to.
Amendment made: 22, in clause 11, page 10, line 30, at end insert—
‘(3) In section 12(1A) of the Powers of Criminal Courts (Sentencing) Act 2000 (provisions preventing the making of an order for absolute or conditional discharge), after paragraph (f) insert—
“(g) section 6(2) of the Offensive Weapons Act 2018.”
(4) In section 144 of the Criminal Justice Act 2003 (reduction in sentences for guilty pleas)—
(a) in subsection (3), at the end insert—
“section 6(2) of the Offensive Weapons Act 2018.”, and
(b) in subsection (5), at the end insert—
“section 6(2) of the Offensive Weapons Act 2018.”’—(Victoria Atkins.)
See the explanatory statement for Amendment 24.
Clause 11, as amended, ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Paul Maynard.)
Offensive Weapons Bill (Seventh sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateThursday 6th September 2018
(6 years, 3 months ago)
Public Bill CommitteesOffensive Weapons Act 2019 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 6 September 2018 - (6 Sep 2018)
This text is a record of ministerial contributions to a debate held as part of the Offensive Weapons Act 2019 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Stephen Timms (East Ham) (Lab)
I am pleased to serve under your chairmanship once again, Mr Gray.
The clause is the first of the Bill to deal with knives. I report to the Committee with a heavy heart that there were 702 knife crimes in my borough of Newham last year—the second-highest number in London and a 15% increase on the previous year. Of those, 214 involved injury. In London as a whole, there were 80 fatal stabbings in 2017, including of 20 teenagers. I need not elaborate to underline the horror of those figures, and particularly of the fact that so many young people lost their lives as a result of being stabbed.
That was in 2017. In the first three months of 2018, there were 30 fatal stabbings in London. The fatality rate for those three months was 50% higher than in 2017. Of the 30 people who died, six were teenagers. It was reported in April, I think, that in the first couple months of this calendar year, London had a higher murder rate than New York, which is extremely troubling and chilling for all of us.
I looked this morning at the website of my local paper, the Newham Recorder. There are three headlines there at the moment: “Guilty: Three teenagers convicted for stabbing 14-year-old boy in Manor Park”; “Police appeal to find Fatjon Koka following stabbing in Stratford”; and “Man to appear in court following Romford Road stabbing”. Those are three separate and entirely unrelated items in the current issue of my local newspaper. The changes to the law in the Bill to bear down on this scourge are extremely welcome. There is clearly a pressing need to get a grip on what is going on, to change things, and to stop this seemingly rapidly escalating problem affecting so many people, particularly the young.
To get on top of this problem, we will have to increase police resources. For a number of years, the Government cut police resources and police numbers, and crime did not rise, but an increase in crime was utterly inevitable given the scale of the reduction in police numbers. The crime surge was delayed, but it is now very much with us. It is hitting us extremely hard. I very much hope that the clause and the other measures in the Bill will help, but we will need significant additional police resources.
On Tuesday, the Committee discussed how the Bill would affect sellers of corrosive products outside the UK. The same issues arise in the case of sellers of knives who are outside the UK; as I understand it, the Bill deals with them in the same way as sellers of corrosive products. We had a debate on Tuesday about my new clause 9, and as I indicated in the context of corrosive products, I am not convinced that the way the Bill deals with this problem is altogether satisfactory. The concern is greater here, because as I informed the Committee on Tuesday, Mr Raheel Butt has pointed out to me that it seems to be the norm for online purchases of appalling knives to be made from suppliers outside the UK, on platforms such as eBay. The Minister pointed out on Tuesday that the purchase of knives disguised to look like something else is clearly illegal in the UK, but there is no shortage of online platforms offering those products in the UK. They are freely available to purchasers here, even though their purchase is illegal, and in the particular case I mentioned, the suppliers were all located outside the UK.
Will the clause not have effect if a seller is outside the UK, as was the case with corrosive products, which we discussed on Tuesday? Will we therefore need to depend on separate measures—set out, I think, in clause 18, in which a responsibility is placed on delivery companies—to address the problem of sales from outside the UK? If so, can the Minister can clarify the position in cases where sellers are located elsewhere in the EU? As I have pointed out previously, eBay offers some pretty ghastly weapons supplied by firms in Germany, which is a member of the European Union, as are we, at the moment. Will clause 12 have no effect on sellers located elsewhere in the EU, as I think the Minister indicated was the case in the parallel discussion we had on Tuesday? If so, I am a little bit puzzled as to why. If a seller in Germany sells a weapon that is illegal in the UK to somebody in the UK, or a knife to a 16-year-old in the UK, how is it not possible to prosecute that company somewhere else in the European Union for having committed an offence?
We had a debate on Tuesday about amendment 53, tabled by my hon. Friend the Member for Sheffield, Heeley, which proposed that the age threshold for knife purchases be raised from 18 to 21, and the Minister quite properly explained some of the difficulties with that. However, I hope that we will not leave this issue here. There is a compelling case for saying that some of those very unpleasant weapons, the only purpose of which can be to do damage to others, should not be freely available, as they are at the moment, to 19 and 20-year-olds. I take the point that there is not an amendment that would have that effect on the amendment paper at the moment, but I hope that we will not let this matter pass. We have to change the way the age restrictions work and find ways to limit the supply of weapons that are inflicting appalling injuries—and indeed death—on far too many people in our country.
The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)
It continues to be a pleasure to serve under your chairmanship, Mr Gray. Police records show that knife crime has increased by 16% and possession offences have increased by 28% in the year ending March 2018. The right hon. Member for East Ham has given us a taste of the devastation that those offences cause to not just the people immediately involved in the aftermath of an attack—families and friends—but the wider community. That is why, after months of detailed work with charities, the police, local authorities, health care providers and others, the Government gathered together the evidence and published the “Serious Violence Strategy” in April this year. I hope the right hon. Gentleman and others will see that it is a game-changer in how we tackle serious violence. It does not just focus on how the police tackle serious violence, although that is very important, but puts the emphasis on early intervention. As we know from discussions in this Committee, many perpetrators and victims of these crimes are children.
As part of the strategy, we are investing £22 million over the next two years in a new early intervention youth fund to provide joined-up support to youth groups and communities working with children and young people. The right hon. Member for East Ham mentioned police resources; I will touch on that lightly, as we discuss this subject in many forums. Although the policing response is incredibly important, there are other much bigger drivers of the upsurge in violence. Sadly, we all know the upturn in county lines and know that the drugs market is a major driver of the violence, but that is for another occasion.
Victoria Atkins
On 2 August, we announced the 68 successful bidders for funding from the latest tranche of the local community fund knife budget. The £1.5 million funding helps communities, including smaller charities, to tackle knife crime—I will be writing a “Dear colleague” letter soon to explain which charities have benefited. We have launched a new advertising campaign, #knifefree—
Victoria Atkins
—to reduce knife crime among young people. The Offensive Weapons Bill is part of that strategy. There is great concern about the sale of knives online to under-18s. It is already illegal, but it seems that sellers are not doing enough to stop children buying knives online. I am getting the figures for the right hon. Member for East Ham about trading standards, but evidence from online test purchase operations has shown that the majority of retailers sampled failed to have effective age verification procedures in place.
A lot of colleagues have written to me about the proposals in this Bill. There seems to be a misunderstanding among some online retailers—not all, by any means—that this law does not apply to them. It does not matter their size; since 1998 the law has been that bladed products cannot be sold online to people under the age of 18. The law was updated in 2006 to make it clear that that covered online sales. The purpose of the provisions is to make absolutely clear our expectations of people who sell knives and bladed products online.
We are introducing clause 12 because we do not want to have simply a box-ticking exercise for retailers, who could be delivering potentially dangerous products without sufficient checks on the people they send them to. We expect our measures—both at the point of sale and at the point of delivery—to really clamp down on the ability of young people to order knives online.
Louise Haigh
As the Minister has just made clear, in that instance the seller committed a criminal offence under the existing legislation. Clearly, there is an issue of enforcement, and, as she said, of some online retailers’ awareness of the existing legislation. Can she make clear what the clause requires of online retailers that is not already required? Are they not currently required to have a system for checking that buyers are over 18, and if they are not, how is the current law enforced?
Victoria Atkins
Months of work have gone into the “Serious Violence Strategy”, and the Bill will try to assist not only the police but online retailers. I do not for a moment suggest that they are deliberately trying to evade the law, and we want to help law-abiding retailers to fulfil their responsibilities under the law. We hope that setting out these conditions, which will no doubt be widely disseminated in the industry and among retailers, will help retailers satisfy themselves that they have met the expectations of the law on those sales. The clause should be read in conjunction with clause 15, which is another stage in the process of preventing knives that are bought online being delivered to residential premises.
Stephen Timms
The Minister gave the example of somebody aged 16 buying a knife online. I am not sure that an offence would have been committed there if the supplier of the knife was based outside the UK. I do not know if they were, but that is very likely; they could have been from Germany or China. Was there a prosecution in that case, and if the supplier was outside the UK, is there nothing the law can do about it?
Victoria Atkins
Because Bailey was killed, the police who conducted the investigation charged the young boy with murder. The right hon. Gentleman will appreciate that the subsidiary offence of possession was probably not on the indictment—or the Scottish equivalent—although I do not wish to speculate on that. However, Aberdeen City Council conducted an independent review of the circumstances of Bailey’s death and found that the boy had bought the knife via Amazon.co.uk. The point of the clause is to say that if someone is relying on the existing defence of having taken reasonable precautions, they must meet the four conditions in clause 12. It sets out those conditions in a strict manner. I will come on to the point about overseas sales in a moment, if I may.
Stephen Timms
By the sound of it, there should have been a prosecution in that case. Someone who was 16 was sold a knife. Clearly, if it was a UK supplier—I think the Minister indicated that it was—a criminal offence had been carried out. Surely there should then have been a prosecution.
Victoria Atkins
It was sold by means of Amazon. It was a Scottish case, so I will have to find that out for the right hon. Gentleman, but I make the point about Amazon. If he remembers, we had this discussion about the difficulty with Amazon or a business such as Amazon. That difficulty is discerning when Amazon is selling in its own right as Amazon and when it is acting as a marketplace, antiques fair or whatever analogy one wants to use. That is difficult, a very tricky area in which to put into law the ill-harm we are addressing. The provisions on overseas sales try to address that. I do not pretend that we are 100% there, but we are trying to weave our way through to ensure that companies that knowingly take on online delivery of overseas sales meet the threshold. We will return to that at the appropriate clause.
Clause 12 amends section 141A of the Criminal Justice Act 1988, which makes it an offence to sell bladed articles to people under 18. That defence—namely, that the seller took
“all reasonable precautions and exercised all due diligence to avoid the commission of the offence”—
is modified, or explained, in clause 12 for when the sale is conducted remotely. If sellers do not put in place minimum requirements to meet the conditions set out in the clause, they will not be able to avail themselves of the defence that they took “all reasonable precautions” or “exercised all due diligence” to avoid an offence being committed.
The first requirement is that the seller has a system in place to verify the age of the purchaser. Sellers are expected to have robust age-verification processes to reassure themselves that the person to whom they are selling is 18 or above. The legislation does not prescribe what constitutes a robust age-verification procedure, and that is deliberate, because we know all too well how quickly the online world is moving. The age-verification industry is evolving rapidly, as we saw with the Digital Economy Act 2017. We do not want to put something in statute that is a commercial decision for retailers or that might result in out-of-date measures in 12 months’ time or ones that could already be improved.
Frankly, it is for business owners to decide which solution is best for their business model. I draw an analogy with the Health and Safety at Work etc. Act 1974, which does not set out what is expected of anyone running a business such as a construction company or an iron foundry, but does set out the expectation that those employers will take all reasonable practicable steps to protect their workforce and members of the public.
Louise Haigh
We had part of this debate on Tuesday, when it was made clear that we should not be putting technological processes or procedures into primary legislation. However, it is reasonable to set minimum standards in primary legislation. I am afraid that the comparison with the Digital Economy Act, in relation to age restrictions for online pornography, does not hold water because the issue with age verification there is that there is no connection to an online sale in that Act, but there is in the Bill. That is why the age verification for online gambling is a good standard and should have been replicated in the Bill, because it is connected to a sale. For example, a bank can verify whether an individual is over 18. That does not get us round the issue that I mentioned earlier—that although the age of the card holder can be verified, it is not possible to tell whether the individual using it is over 18—but software is available to enable selfies to show that the person using the card is the owner.
Louise Haigh
I am sorry, Mr Gray. My point is that the provision is too vague for online retailers. It is too vague to be effective. We would like the Government to bring forward at least draft guidance for the Committee to show what standards they will require of online retailers.
Victoria Atkins
As I say, we have set out the expectations. We have already discussed, in the context of corrosive substances, things like checking the electoral roll and providing proof of a council tax bill, for example, and so on. I think retail will find ways in which to satisfy themselves that the buyer is over 18. Government can do so much, but if retailers are selling these products, all they have to do—I do describe it in that way—is work out that the customers with whom they have a relationship are over the age of 18.
Louise Haigh
Will the Minister make it absolutely clear that it will not be sufficient to meet the requirements of the clause for retailers to ask the customer to tick a box confirming that they are over 18?
Victoria Atkins
Yes, that is absolutely what we are trying to improve upon. Some retailers think that that is sufficient. It is simply not sufficient. If they are going to make those sales, I am afraid that, in the interest of the wider community, they have to ensure that they are lawfully permitted to sell to the people to whom they are selling. A tick-box exercise is simply not good enough.
A second requirement is for the package to be marked clearly to the effect that it contains an article with a blade—or one that is sharp and pointed—and that it can be delivered only into the hands of a person aged 18 or over. Frankly, I should have hoped that sellers would already have similar arrangements, if they wanted to ensure that a knife sold remotely would not be handed over to a person under 18, under current legislation. However, unfortunately some sellers do not mark the package as age-restricted, so we are building the further safeguard into the Bill.
The third requirement is for the seller to take all reasonable precautions to ensure that when the package is delivered it is handed to a person aged 18 or over. Again, the seller has a responsibility to ensure that the company delivering the item understands that age must be verified before it is handed over. The fourth requirement is for the seller not to deliver the package, or arrange for it to be delivered, to a locker. Some delivery companies nowadays have those facilities. That is not permissible for the sale of bladed articles—bladed products—under the clause. Obviously it would fall foul of the age verification process.
We expect that, with the placing of those minimum requirements on a statutory footing, they will be standard practice to comply with existing legislation.
Stephen Timms
Before the Minister concludes, can I ask the question I raised earlier? Is it the case that a seller outside the UK is outside the jurisdiction of the measures?
Victoria Atkins
It is. There are very few offences for which we have been able to seek extraterritorial jurisdiction. The right hon. Gentleman will know, for example, that if murder or female genital mutilation are planned outside the jurisdiction, we can make applications for extraterritorial jurisdiction to be satisfied, but on this occasion if the act of sale takes place outside the UK, it is not covered by the Bill. That is precisely why we are using clause 18 to try none the less to contain that activity.
Question put and agreed to.
Clause 12 accordingly ordered to stand part of the Bill.
Clauses 13 and 14 ordered to stand part of the Bill.
Clause 15
Delivery of bladed products to residential premises etc
Stephen Timms
My hon. Friend makes a very fair point and I have no doubt that it was instances such as that that lie behind the framing of the clause as it stands. Indeed, I myself have been contacted by a company that sells tools for hunting; I think that is right. That company asked whether my amendment would exclude the delivery of knives to sole traders—people working from home.
I must say that I have got a bit less sympathy for people who are selling knives from home than for people like my hon. Friend’s constituent, who are simply obtaining tools for their own use to pursue their occupations. Of course, if we went down the amendments 46 and 48 route, whereby such things could be supplied only to a registered business address, that would avoid the difficulty to which my hon. Friend rightly refers. The amendment 47 approach would exclude delivery to people such as my hon. Friend’s constituent, and I accept that that would be difficult to justify. That is why I made the point that I do not think that either of the two approaches I have described is the solution to the problem. The Government are right to want to restrict sales of very dangerous weapons to people’s homes. There is a bit of a loophole here, and I hope it can be addressed.
Victoria Atkins
I am grateful to the right hon. Gentleman for his amendment. We have tried to limit the impact of these measures wherever possible to the issue of real concern: preventing young people from having access to the most offensive types of knives online. We are not trying to make life difficult for the constituent of the hon. Member for Hampstead and Kilburn. It is a balancing act.
Amendment 46 would have the effect of restricting the range of addresses to which a remote seller can send a bladed product. It might mean, for example, that bladed products bought online could not be sent to a school or a hospital, which may not be registered as business addresses. A person working from home—for example, someone working part-time or engaged in irregular work from home—might not have registered their home as a business address. A farm might or might not be registered as a business address. We are very conscious of the fact that clause 15 will already have an impact on the online trade of bladed products, which can cover anything from breadknives to specialist bladed knives used for woodworking or agricultural activities, as the right hon. Member for East Ham described. We are trying to limit the impact on that legitimate trade by allowing deliveries to businesses to continue. The business could be a farm, a hospital, a school or a business run from someone’s home.
We considered using a registered business address as the basis for the offence, but we decided against that because there is no simple way for sellers to ascertain whether a premise is a registered business address—particularly if the person working there is self-employed or part-time. Of course, not all types of businesses that we would want to be able to receive deliveries will necessarily operate from a registered business address. We therefore took the approach of preventing the dispatch of bladed products to a premise that is used solely as a residential premise. That will allow deliveries to continue to hospitals, hotels, care homes, schools, restaurants, farms and any residential premise from which a business operates, such as a plumber who operates from home.
The right hon. Gentleman gave the example of a flat above a shop. It depends on the construction of the premise, but if it is a divided premise—in other words, if the flat has nothing to do with the shop—I suspect it would be viewed as a residential premise and so would be covered by the clause.
Louise Haigh
Will the Minister confirm how the seller is meant to confirm that a residential premise that they are being asked to deliver a bladed product to is used only for residential purposes?
Victoria Atkins
There are a range of ways in which the seller may satisfy themselves of that purpose. They could ask the buyer to produce evidence that the address to which they are delivering is a business. It might take the form of a document confirming that it is a registered business address. It might be that the buyer supplies business papers showing the address, a document setting out that the property is subject to business rates or a simple confirmation email from the buyer to confirm that they work from that address.
There are many ways in which to tackle this issue, and the step-by-step process that the Bill proposes will make it less and less likely that a young person who is sadly on a path of criminality will think it is worth the hassle, frankly. Sellers emailing buyers to confirm their business address and to ask what sort of business they operate and so on will put a responsibility on the buyer as well, and rightly so. I hope that that explanation of our approach satisfies the right hon. Gentleman, and I invite him to withdraw his amendments.
Stephen Timms
I am grateful to the Minister for that response, which she set out clearly. I am interested to hear that officials considered the approach based on a registered business address. In my mind, given the importance of restricting access to dangerous weapons, it might not be a bad thing to say to people that, if they want to buy what can be used as a dangerous weapon, they will have to register their address as a business address. However, I take the point that that is perhaps not the appropriate step to take for now. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Victoria Atkins
Clause 15 provides that where a sale is carried out remotely, it is an offence for a seller to deliver or arrange for the delivery of a bladed product to residential premises or to a locker. Checks should not be done only at the point when the seller processes the sale, but at the moment when the product is being given to or issued by the despatcher. The reason for that is the methodical journey of the sale process. If young people want to get their hands on dangerous knives, we must make it as difficult as possible, with the help of retailers, and ensure that that does not happen.
Various points have been raised. I have noticed in the correspondence over the past few months that there seems to be a misunderstanding, so this is a great opportunity to clarify exactly what is meant by clauses 15 and 17. We are not seeking to stop the online sale of knives or bladed products. We are trying to craft the law so that those who are entitled under the law to buy knives that have sharp blades can do so if they are over 18. We have used the phrase “bladed product” precisely because we want to differentiate it from the phrase “bladed articles” used in the 1988 Act, which is not as restrictive.
In answer to the right hon. Gentleman’s question, we have excluded cutlery, because we appreciate that people will want to be able to buy cutlery. With the best will in the world, a table knife will not meet the criteria set out in clause 17(1)(b). If we had not defined it, it would be an offence to sell a disposable plastic knife to someone under-18, which would miss the point of the legislation. The wording seeks to pinpoint the risks that we are trying to address.
Victoria Atkins
I will just finish this point. The hon. Lady has raised concerns from a variety of stakeholders and if their products fall within the definition of clause 17, they must satisfy themselves that they fall within it. We are not saying they cannot sell the products online. We are simply saying they have to meet the conditions of clause 12 and that, when it comes to delivery, the product should be delivered to the local post office, delivery depot or village shop that acts as the delivery depot for a company. Picking up packages from the post office and delivery depots is a fact of life in the modern age, when we all order stuff on the internet. The clause is not about stopping food processors being sent to people; we will just have to go to the post office to pick them up. I represent a rural constituency, so I am rather pleased that we will drive more business to rural post offices so that they continue to thrive in our villages and market towns. The clause is not about stopping bladed products being sold and delivered to people in a lawful manner.
Louise Haigh
Is the Minister confirming that the definition of a bladed product will cover food processors, coffee grinders, scissors and razors, and that those products will no longer be able to be delivered to residential addresses?
Victoria Atkins
Folding knives with a blade of less than 3 inches are excluded from the definitions of both “bladed article” and “bladed product”, and a scalpel would be covered by both. All I am saying is that the purchaser will have to go to the post office with identification to pick up such a product—that is it.
Louise Haigh
But what about the examples I just gave: food processors, coffee grinders, razors and scissors?
Victoria Atkins
I am afraid I do not have expert knowledge of the lengths of the blades in a Magimix food processor. The definition is clear. Products with blades of less than 3 inches are excluded from the definitions of both “bladed article” and “bladed product”.
Louise Haigh
I am sorry, but the definition is not clear in the slightest. Will it cover scissors? Will it cover razors? The people who gave us evidence were not clear, and I do not know about other Members but I am not clear either. I do not think it is unreasonable to ask the Minister to answer to those questions.
Victoria Atkins
If a blade is less than 3 inches, it is excluded from both definitions and as an article under CJA 1988. Some scissors are; some are not.
Kevin Foster (Torbay) (Con)
I thank the Minister for the way she is responding. I am struggling to think of a pre-packed men’s razor over 3 inches apart from traditional cut-throat razors, for which, to be blunt, there should be a separate regime. I do not really see the difficulty with what the Minister says.
Victoria Atkins
Precisely. We have tried to acknowledge the different ways in which we rely on blades in day-to-day life. We know children do not go out with encased razors to threaten people on the street. They use knives, clearly. That is what the definition seeks to clarify. If Opposition Members had a yearning to buy a pair of scissors with blades longer than 3 inches, they could do so—they would just have to go to the post office to pick it up. That is the point.
If we did not have such a system, the seller could do everything they were supposed to do to check age at the point of sale, but the item may be put through the letterbox anyway and get into the hands of someone under 18. We know that has happened; we just want to stop it happening again. Again, I do not pretend that this is a magic solution that will solve all knife crime, but we are trying to build a journey for bladed articles and products that makes it substantially more difficult for young people, if they are so minded, to get around the measures that retailers take when selling them.
The condition that such articles cannot be delivered to a locker is also important. The clause is about deterring young people from trying to buy such articles online and getting around the law.
Louise Haigh
The Minister helpfully mentioned that the Government’s assumption is that such an article will be delivered to someone’s local post office or sorting office, or to a depot. Why, therefore, is there no mention in the Bill of the requirements on the individuals handing over the bladed product? Will there not be a corresponding offence for them of not verifying someone’s age? If there is not, how can we enforce checking at that point of the delivery?
Victoria Atkins
It is actually because the Government are trying to help post office workers by not making them criminally liable for handing over a package when all they are doing is their job and when they have had no involvement in the act of purchasing. Indeed, we have been in a great deal of discussion with delivery companies, including Royal Mail, about how together we can ensure that the Bill’s intentions are met in a way that balances the risks regarding young people with not placing post office workers, delivery drivers and so on under such a level of criminal liability. If the retailer has not done its job, I would feel uncomfortable about putting that duty on post office workers.
Kevin Foster
Will the Minister reflect on the fact that a range of age-related products—films and other things—are already successfully delivered with enforcement arrangements and that similar principles could be applied in this area? Actually, even in the most rural of locations there is usually a post office not a million miles away where an urgently needed product can be collected.
Victoria Atkins
This is all it is. I hope that this message is made clear to those retailers who have understandably expressed concerns: it is simply about ensuring that, at the point of sale, they have done what they should have done to check the age of the customers they are selling to. Frankly, they should have been doing that for the past 30 years. Let us not forget that the item will be clearly labelled at the point of handover—that is a condition of clause 12, as it is for the retailer to ensure that the delivery company, the post office, or whoever, knows that—and those conditions must be met. A great deal of thought has gone into the clause. We have very much tried to balance the needs of small businesses, Royal Mail and other delivery drivers, and of the law-abiding community who want to purchase knives online. We have excluded businesses run from home because we have listened to the responses to the consultation. We accept that a farm may well require bladed articles, and a farm on which someone lives and from which they run their business is frankly not the target of the Bill.
Stephen Timms
As I have indicated, I am comfortable with the clause, although the Minister should acknowledge what my hon. Friend the Member for Sheffield, Heeley pointed out. It will not be possible in future to have kitchen scissors, for example, delivered to a home because they have blades longer than 3 inches. That is what the Minister is telling the Committee, and I have no problem with that, but she must acknowledge that that is indeed the implication. If kitchen scissor blades are longer than 3 inches, which normally they are, as I understand the clause it will not be possible to have those scissors delivered to a home; they will have to be picked up from a post office.
I want to ask her, as well, about my point on overseas sellers. As I understand it, someone selling products to customers outside of the UK will be able to carry on posting them directly to customers’ homes without any hindrance. Is that correct?
Victoria Atkins
I am afraid I will not say that all kitchen scissors are prohibited under the legislation, as the right hon. Gentleman would like me to do. With the best will in the world, I cannot say whether every pair of kitchen scissors has 3-inch blades or not. [Interruption.] I am sorry, I did not hear the intervention from the hon. Member for Sheffield, Heeley. Manufacturers will have to look at the definition. We have tried to accommodate the needs of business while keeping the intent of the Bill intact.
We will move on to the international element in clause 18, but extraterritorial jurisdiction issues mean that because the point of sale is overseas and English jurisdiction does not stretch to Germany or China, we have had to try to deal with what we can here in the UK. We will move on to that debate in due course, but there is a reason we have differentiated UK and international sales. If a manufacturer or a seller has an existing agreement with a delivery company, and the delivery company knows the person to whom they are selling products, we expect them to make age checks themselves. That is a different scenario from, say, the woodcutter in Hampstead who sells the items. They can use all the delivery companies in this country as long as they follow the steps, and someone will have to go to a shop or a post office to pick the package up.
Louise Haigh
Can the Minister confirm that the legislation will not ban the delivery of screwdrivers to residential premises?
Victoria Atkins
Again, if it meets the criteria of the Bill, it will. If it does not meet the criteria, it will not. I will not go into a long speculative list of items because someone will always come up with another item that has a blade. The idea of a gang member walking down the street with a Magimix is a new one in my portfolio. I will not list items, because the wording is there in the Bill.
Tulip Siddiq
I understand the Minister does not want to go through an extensive list of items, but if there are household items that in the past have not had to be delivered to a post office and could be directly delivered to a house, there must be some merit in clarifying that a legislative change will mean that people who have normally had such items delivered to their houses can no longer have that. It is about public awareness, which is what I think my colleagues are getting at.
Victoria Atkins
It is the job of business to have that conversation with their sellers. We know already that online retailers such as John Lewis, which has signed up to our voluntary code for businesses in trying to prevent the sale of knives and corrosive substances, have stopped selling knives online because that is a business decision they have taken. For other sellers, when somebody puts an order in, they will have that conversation and say, “I’m sorry; you will have to go to the post office to pick this up.”
Louise Haigh
I am afraid it is not the job of business; it is the job of the Committee and the Government. When introducing a new definition into legislation, we must be clear what that definition covers. We have to provide guidance to those that will come under the legislation and that definition. I asked about screwdrivers because, as the Minister knows, they are routinely used in violent offences. The legislation might stop children accessing knives online, but it will not stop them buying screwdrivers online and using them in violent offences. My point is that the ban will have far-reaching consequences for individuals and businesses, but it will probably not have a significant impact on the number of violent offences committed by children.
Victoria Atkins
I have to say that I do not share the hon. Lady’s pessimism. If I may say so, her assertion is not made on the basis of evidence. To accept that, one would be extrapolating from the idea that children, having listened to this Public Bill Committee debate, will then suddenly start purchasing screwdrivers to commit violent acts. I fully accept that young people use screwdrivers as well, but the purpose of the Bill is to try to address the concerns that the police, charities and others have about the types of wounds they see emerging in A&E departments, and we need to fill the loophole we have discovered when it comes to the online sale of bladed products.
I could go through every item and say tick or cross, but I do not believe that is the duty of this Committee. The definition is set out in the Bill. It is for those affected by the definition to ensure that they meet the standards expected by law, which are already in existence; the concept of not being able to sell knives to under-18s has been in existence now for nearly 30 years. This is about addressing the problem of children getting hold of knives online, which we want to try to stop as much as possible. The Bill is directed at achieving that.
Louise Haigh
The Minister has not answered the questions about the licensing system that many knife retailers have put forward. She mentioned a loophole, but it seems to me that the licensing system would address many of the loopholes, including the platform issues that we have discussed at length.
Victoria Atkins
We have based the Bill on existing offences, rather than setting up a completely new approach. There has been a lot of talk about small businesses. The system that the hon. Lady described strikes me, as someone who used to be self-employed, as a whole raft of new bureaucracy, in a way that these measures will not be. We did not consider that option, because we felt that this system is preferable to trying to construct a whole new system that would place a burden on the woodcutter in Hampstead or the occasional crafter in rural areas. We believe that these conditions are sensible and reasonable, and I think that they will become part of day-to-day business life very quickly.
Question put and agreed to.
Clause 15 accordingly ordered to stand part of the Bill.
Clause 16
Defences to offence under section 15
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
I beg to move amendment 45, in clause 16, page 15, line 26, at end insert “for a particular lawful purpose.”
This is a probing amendment to allow debate on the appropriate scope of defences under Clause 16.
It is a pleasure to serve under your chairmanship, Mr Gray. Given the vigorous debate we have had on clause 15, clause 16 is also important, because it provides the defences to the offence that we have just been discussing. One of those defences is simply that the seller did all they reasonably could to avoid delivery to residential premises, but the other three set out circumstances in which the law will deem it justified to sell and deliver to residential premises and a defence can therefore be made.
The Minister referred to a balancing act. That is the test that we have here. On the one hand, there is clearly a concern—we have heard it today—to ensure that the defences are wide enough to protect legitimate businesses. On the other hand, there is also a concern to concern that we do not draft the defences so widely that they can be abused to avoid culpability, or in a way that means that the offence set out in clause 15 becomes worthless.
The amendment is designed to provoke discussion about whether we have that balance right. It asks a couple of immediate questions. First, why is there a particular purpose test in clause 16(3), which relates to sellers who have adapted bladed products in accordance with specific instructions, but there is no particular purpose tests in clause 16(2), where a bladed product has been designed or manufactured in accordance with specific instructions? It is not immediately clear to me why the purpose of either the adaptation or the design is relevant to one but not the other.
Secondly, does there need to be more restrictions on the range of purposes that will allow for the defence to arise? All that is required now is that it is a particular purpose. I am guessing that it is implied in law that the purpose must to be lawful—for example, adapting a blade for the particular purpose of making it more efficient as a weapon does not amount to a defence—but I would appreciate confirmation.
Stuart C. McDonald
That is a perfectly legitimate question. I look forward to hearing what the Minister has to say to that. It begs the question: to what extent is there an onus on the seller to scrutinise the claimed purpose of the adaptation, be it for historical re-enactment or anything else? Is it simply a case of whether the adaptation was consistent with the claimed purpose, or is there more involved?
We have already heard about the other defence, and the specific purposes set out that would make it acceptable to deliver to residential premises—sporting purposes and historical re-enactments. It gets to the point where I wonder whether, in an ideal world, we might simply provide an exhaustive list of purposes for which it would be acceptable to deliver. I appreciate that that would not be easy, or without risks, but it might be a much clearer way of approaching the challenge. Obviously a list could be added, perhaps by statutory instrument.
The amendment flags up concerns about whether the defences will really do the job of protecting from prosecution the businesses that we do not want to be prosecuted, while ensuring that the provisions cannot be abused by those who want to do harm.
Victoria Atkins
Clause 16 sets out the defences that apply in relation to the offence in clause 15. Subsection (1) sets out that it is a defence for the accused to prove that they took all reasonable precautions and exercised all due diligence to avoid sending the item to a residential address. That is an important safeguard. We expect sellers to check that the address to which the bladed article is to be delivered is not residential and, in case of doubt, to send the package to a collection point. However, sellers should not be penalised if, for instance, records show incorrectly that an address is a business address when in fact it is residential.
I will deal with subsections (2) and (3) together because the rationale behind them is the same. Subsection (2) provides an exemption if the bladed product was designed or manufactured in accordance with specifications provided by the buyer. Subsection (3) provides that it is a defence if the bladed product was adapted for the purpose of enabling or facilitating its use for a particular purpose. So those who sell or manufacture custom-made bladed articles, or who adapt them, will continue to deliver those specialist items at a residential address. The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East mentioned the impact on disabled people. The provisions may well help in circumstances where, for example, someone has to have a knife adapted because of disability. The defence would be available to the seller that it was delivered to a residential address for that purpose.
Subsection (4) provides for a defence if the bladed product is to be used for sporting purposes or historical re-enactment. We received a lot of submissions on historical re-enactments—I am surprised and delighted to see that so many people in the country engage in that interesting activity. Subsections (8) and (9) set out what is meant by the phrases “historical re-enactment” and “sporting purposes”.
The Chair
Order. Perhaps I may interrupt the Minister briefly. I think that she is addressing the stand part debate, rather than amendment 45, proposed by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East.
Victoria Atkins
Forgive me, Mr Gray. I had got the wrong note.
I am extremely grateful to the hon. Gentleman for probing the defences. It may be useful if I set out the background to the defences in the Bill. Clause 15 makes it a criminal offence to arrange for the delivery of bladed products bought remotely in the UK to premises used solely for residential purposes.
A large number of businesses are involved in the manufacture and sale of bladed products. That includes craftsmen, and the selling of knives not readily available on the high street. That may include sporting swords or replica historical knives. The scale of those businesses is such that they are viable only as online sellers; they do not sell enough to be able to afford a high street presence. The only way buyers who need those types of bladed products can acquire them is online.
We have taken the representations we received during the consultation on board. We note that many of these products are very expensive and highly unlikely to be bought by a young person for criminal purposes. The issue of the clause’s impact was raised strongly in the consultation, so we have taken a number of steps to try to ensure that we get the response right. We have made it clear that the clause will not cover deliveries to businesses. We have limited the definition of bladed product so that it excludes things such as table knives and plastic disposable knives. We have also exempted encased razor blades and folding knives with a blade of less than 3 inches.
Under clause 16, we have provided defences for three types of bladed product, including bladed products that are designed and manufactured for a buyer in accordance with specifications provided by the buyer, and bladed products for the purposes of sport or historical re- enactment. There is a power in clause 16(7) for the Secretary of State, Scottish Ministers or the Department of Justice in Northern Ireland to add further defences, by secondary legislation, should it become clear that they are required.
I appreciate that the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East has tabled this as a probing amendment. Adding the phrase “for a particular lawful purpose” at the end of the defence for bespoke bladed products would mean that to use the defence, it would need to be shown both that the product was made to specifications from the buyer and that the buyer was acquiring it for a lawful purpose. We suspect that adding this phrase might be meaningless, as the buyer would presumably just say yes, but it is also unnecessary. Such items are expensive and there will be a relationship between maker and buyer that makes the risk of their being sold to a person under 18 very slight. Again, this is part of the balancing exercise to ensure that the intent of the Bill is implemented by the legislation. I therefore invite the hon. Gentleman to withdraw the amendment.
Ordered, That the debate be now adjourned.—(Paul Maynard.)
Thursday 6th September 2018
(6 years, 3 months ago)
Public Bill CommitteesOffensive Weapons Act 2019 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 6 September 2018 - (6 Sep 2018)
This text is a record of ministerial contributions to a debate held as part of the Offensive Weapons Act 2019 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)
On a point of order, Mr Gray. Having reflected, I want to ensure that the issues that the Committee debated just before lunch are clear, because hon. Members rightly asked me questions about screwdrivers and so on. As I said during the debate, the definition of a bladed product is in the Bill and does not include table knives, disposable plastic knives, screwdrivers or things like them, encased razor blades, a folding pocket knife with a cutting edge of less than 3 inches or flick knives, gravity knives or any other weapons prohibited under section 141 of the Criminal Justice Act 1988. A bladed product might include bread knives, steak knives, cut-throat razors and lots of other items, such as axes and swords, that I should hope people would already think capable of causing serious injury. In short, the definition is in the Bill, and I hope that adds clarity.
The Chair
That is not technically a point of order, but I know that Committee members will be grateful for the Minister’s clarification of her previous remarks. If any Member wants to return to that matter they may do so shortly, during the stand part debate.
Louise Haigh (Sheffield, Heeley) (Lab)
I want to consider a couple of other areas that we have not covered on which the Committee received evidence. One such example is a request for a defence under the clause for Scout groups and other such charities. We have received evidence that a large number of people who buy knives from this particular business are Scout groups and Scout leaders and, because of the way they operate, the majority of their orders are placed by Scout leaders and delivered to their homes. They are concerned that this ban would stop that and force them to go and pick up from other access points. The evidence we received requested that a specific defence could be made allowing charities to have knives delivered to their registered addresses. All Scout groups are registered charities.
The other area of concern that has been raised is antiques. I appreciate that in another part of the Bill we will be discussing antiques and the need for more controls on antique firearms, but just for the purposes of clarification and to respond to the many people who are concerned about this bit of the Bill, could the Minister tell us why she has rejected the proposals to include purchases for charities and of antiques as a defence under this clause?
Victoria Atkins
In clause 16, we have responded to the consultations made in the course of the Bill’s being drafted. I am conscious that I read out some of my speech on this previously. With the Committee’s consent, I will not repeat that, because the evidence is on the record.
We will come on to museums a little later in the knife provisions. I am seeking to pass an amendment to include museums under the clauses outlawing possession of weapons that are so offensive that Parliament has previously judged that they should not be sold, imported, or anything of that nature. We are just trying to close that gap. We will seek an exemption for museums, which may have flick knives or zombie knives in their collections.
If I may, I will write to the hon. Member for Sheffield, Heeley about charities, because I would like to explore whether the definition of a business would also include a charity.
Question put and agreed to.
Clause 16 accordingly ordered to stand part of the Bill.
Clause 17
Meaning of “bladed product” in sections 15 and 16
Question proposed, That the clause stand part of the Bill.
Louise Haigh
I just want to reiterate the concern about the clarity of the definition. Will the Minister confirm that, essentially, any blade over 3 inches will be covered by this definition?
Victoria Atkins
I am extremely grateful to the hon. Lady. Would it help if I repeated my point of order?
Victoria Atkins
Thank you, Mr Gray. I went back to the definition in the Bill, and the specification of the size of the blade relates to folding pocket knives only, so the example of the kitchen scissors would fall under this legislation. I hope that clarifies that.
I appreciate that this is a complication that people setting up home or adding to their cutlery drawer have not had to contend with before, but with this Bill we are trying to stop young people from finding a way of getting hold of these sharp products online. I hope that if members of the public order their kitchen scissors or whatever, they will be able to pick them up at the post office or, if they have ordered through a shop that has branches across the country, they can go and pick them there up at some point.
Kevin Foster (Torbay) (Con)
Personally, I find the definition in this clause very clear, in terms of both the blade and its capacity to cause serious injury, which deals with some of the more minor points we heard earlier. Does the Minister agree that not that long ago to buy any of these products one would have had to go to a shop or a hardware store, so it is not the greatest of suffering in an area that would not have had those stores to head to the local post office to pick up those items, if needed?
Victoria Atkins
I am extremely grateful to my hon. Friend for reminding us that we have been in this world of expecting deliveries through the post because of online sales for only the last decade or so. He is right that to buy a pair of kitchen scissors, a steak knife or whatever in the past a person had to go to a local shop.
Louise Haigh
That is absolutely right. But, apart from the issues for disabled people and people living in isolated areas, the burden is not really on the individual, although it will be a pain to have to go to the local post office when previously something could be delivered to people’s houses. The burden will be on business, in having to separate out products that can, at present, be delivered to someone’s home without any additional checks other than perhaps, for certain products, that the recipient is over 18. Now businesses will have to separate out those products and choose somewhere else to deliver them to. That is why we need clarity about which products can be delivered where, otherwise I fear the legislation will have a devastating impact, particularly on smaller online retailers.
Victoria Atkins
As I said, we have tried with the use of the new phrase “bladed product”, different from the language used in the Criminal Justice Act, to simplify the definition as far as possible so that, under clause 17, the test is whether the product
“is or has a blade, and…is capable of causing a serious injury to a person which involves cutting that person’s skin.”
That is why, for example, encased razor blades are not included, or table knives, cutlery knives and disposable plastic knives, but the definition does include knives such as bread knives, steak knives, kitchen scissors and so on. The Bill has had to balance the needs and concerns of everyone.
Question put and agreed to.
Clause 17 accordingly ordered to stand part of the Bill.
Clause 18
Delivery of bladed articles to persons under 18
Amendment made: 23, in clause 18, page 17, line 21, leave out “is guilty of” and insert “commits”.—(Victoria Atkins.)
See the explanatory statement for Amendment 17.
Question proposed, That the clause, as amended, stand part of the Bill.
Louise Haigh
At the risk of replicating the discussion, I will repeat some of the points I made earlier, because I do not think the Minister responded to the alternative proposal of expanding the clause to cover sales made internally in the UK, rather than just sales outside the United Kingdom.
We believe it could be possible to mirror this clause to cover internal UK sales, so someone would be entitled to purchase a bladed article online from a retailer outside of the UK and all they would have to do is prove that they were over 18 when it was delivered. Much of that would circumvent the issues that we discussed regarding clause 15.
Although the term “article” has, as we discussed, a different definition, it is clear that many bladed articles will be captured by the definition of “bladed products” in clause 18. Therefore a delivery to a residential address for an adult would be possible under clause 18, but not under clause 15. Will the Minister explain why there is not a similar provision to that in clause 18 for internal UK deliveries?
Stuart C. McDonald
I will be brief. There was a lot of sense in what the right hon. Member for East Ham said, particularly about the wording:
“when they entered into the arrangement”.
I look forward to hearing what the Minister has to say about that. It brings to mind the amendment I tabled on the equivalent provision on corrosive substances, where the test in the Bill is that the delivery company is “aware”. I queried whether that should be “ought to have been aware”. As the Bill is drafted, there is a danger that delivery companies will take an approach of “see no evil, hear no evil” and will not make active inquiries about what products they will actually be asked to deliver. If, at the very least, we put in a test of “ought to be aware”, that will mean other companies actively trying to work out what a company will generally be requiring them to deliver. That might also be something for the Minister to think about.
Victoria Atkins
Clause 18 introduces a criminal offence if a delivery company delivers, on behalf of a seller based abroad, a bladed article into the hands of a person aged under 18. A bladed article is an article to which section 141A of the Criminal Justice Act 1988 applies. Eagle-eyed Committee members will have noticed that we have moved from talking about a bladed product to a bladed article. The law under section 141A of the CJA applies to knives and certain articles with a blade or point—for example, axes, razor blades other than those that are encased, and all knives other than folding knives with a blade of less than three inches. Actually, with bladed products the length of the blade is also irrelevant, unless it is a folding pocket knife.
I am very conscious of the points that the right hon. Member for East Ham made about clause 18(1)(d), and I will reflect on them. I am also very conscious of the points made by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East, and will reflect on those, too.
I am grateful to the shadow Minister for her observations. It is part of the balancing exercise regarding delivery. If a delivery company makes the commercial decision to enter into a contract or arrangement with someone overseas selling products, we have sought to place the responsibility on the delivery company for ensuring that all is well with the person to whom they are providing a service. Extra-territorial jurisdiction is sadly not just an issue in the case of offensive weapons, but in many areas, such as ordering drugs over the internet, particularly using the dark web. We have sought to control it through that mechanism.
For sales where the seller and buyer are in the United Kingdom, we asked delivery companies as part of our consultation exercise what they would make of placing criminal liability on their post office workers or delivery drivers. We concluded that were we to expand the provision to all online sales of knives, delivery companies might start to say to themselves, “It’s just not worth it commercially for us to deliver these knives or bladed products at all. We won’t do it.” That would leave our small businesses in great trouble, because they would be unable to get their products to their customers.
I know that small businesses are having to go through a number of checks to get their products into the hands of their lawful purchasers, but we hope that the provisions in relation to the online world overseas will mean that delivery companies are very careful when they enter into such arrangements.
Louise Haigh
Will the Minister give an example of how a delivery company could ensure that, in her words, all is well with a seller overseas? Can she give an example of what that would have to look like to meet the standard in the Bill?
Victoria Atkins
These delivery companies are very big businesses by and large. They have extraordinary human resources departments. They will be drafting contracts with the people with whom they have delivery contracts. If someone orders anything from a major department store or online shop, it is unlikely, frankly, that they have their own in-house delivery service. They probably subcontract that to various companies—I will not advertise them in today’s proceedings, but we know who they are.
Frankly, I expect those delivery companies to understand what they are potentially delivering when entering into such arrangements. We are all aware of how illicit items can be posted from overseas to avoid customs and so on, so I expect those business to satisfy themselves that they are meeting the law. Every company conducts its contractual negotiations differently, but if a delivery company enters into an arrangement with a business that sells knives, it should be on red alert to ensure that it is a reputable business with which to do its trade.
Louise Haigh
In the example that we have discussed at length—someone buying an offensive weapon or corrosive product off an individual through a platform—how does the Minister anticipate that the delivery company will satisfy itself about what the individual seller is selling? It is one thing saying that it should establish that it is delivering for a reputable business, but if it is an individual overseas, how will the company ensure that it is adhering to the standards in the Bill?
Victoria Atkins
To clarify, does the hon. Lady mean that the delivery company has a contract with Amazon, for example, which is being used as an antiques fair?
Victoria Atkins
In those circumstances, I hope the delivery company will have a good understanding from Amazon, which will have a good understanding from the seller about the products. I am not pretending that this is easy, but that is the conundrum we all face nowadays with the global internet marketplace.
Louise Haigh
The issue here is the individual seller that uses a delivery company. Amazon and other platforms do not have their own deliverers—well, they do if they are directly selling—but individuals contract a delivery company, so Amazon is taken out of it at that point. I struggle to see how a delivery company can satisfy itself to the standards rightly included in the Bill that the individual is selling what they say they are selling.
Victoria Atkins
We have had to restrict this to contracts with direct arrangements between a delivery company and the seller. As I say, we are trying to close the net on these sorts of products. That is why I will be very interested to reflect on the point made by the right hon. Member for East Ham about what happens if, having entered into the arrangement in good faith and not understanding that bladed articles are in the marketplace, the delivery company then discovers that. If I may, I will reflect on whether they are then opened up under the clause.
Louise Haigh
I am sorry to press the Minister on this. We could easily have a situation in which an individual advertises a knife on Amazon and sells it online, and then takes it to the equivalent of the post office in their country and tells it that the item is something completely different. Is it sufficient, in that situation, for the delivery company—whoever it is—to have been told that it is completely harmless? Will the delivery company have met the standards in the Bill?
Victoria Atkins
That scenario is not envisaged by the Bill. Subsection (1)(c) states:
“before the sale, the seller entered into an arrangement with a person who is a body corporate”—
in other words, a company—
“by which the person agreed to deliver bladed articles for the seller”.
We foresee a relationship whereby someone sets themselves out as a knife seller. That is what they do—intricately carved knives, or whatever. They know that in the UK they have to get them delivered, and an arrangement is set up between the delivery company and the person selling the knife.
Louise Haigh
So is it the case that individuals who are not set up as body corporates will not be covered by this legislation?
Victoria Atkins
The wording in the Bill is “body corporate”, as in the delivery companies. I suspect by now the Committee has an idea of the difficult balancing exercise we have had to engage in to try to tease out these corners of the online international marketplace. This the arrangement that we have put into the Bill. In those circumstances, it will be up to the court to determine, on a case-by-case basis, taking into account the individual circumstances of the case, whether reasonable precautions were taken and all due diligence was done. Particular subsections in relation to Scotland are in the Bill.
Karin Smyth
To follow on from my right hon. Friend the Member for East Ham, given the land border on the island of Ireland, has the Department consulted officials about the scenarios in the Republic of Ireland for how this Bill, once enacted, would be operational on the island, in the context of the Republic of Ireland being an overseas territory?
Victoria Atkins
The hon. Lady will understand that there are a great many discussions ongoing with Northern Ireland. The fact that the Assembly is not in action in Northern Ireland complicates our passing legislation not just in this context but in others.
Kevin Foster
Is the Minister aware of the particularly significant trade in bladed items across the border between Donegal and County Londonderry? There are particularly large knife-selling businesses located there. On body corporates, surely it is highly unlikely that someone would send a personal courier with a weapon. Quite bluntly, if they did, I would like to see that person stopped at the border.
Victoria Atkins
My hon. Friend persists in popping little interesting and sometimes amusing comments into the debate. I am not personally aware of the online knife market between the Republic and Northern Ireland, but if my hon. Friend is suggesting a Committee trip to the emerald isle to explore that, perhaps he will have some support. He is right about body corporates; we are trying to get at the businesses that do the bulk of the delivery work in this country to try to secure their assistance with the aim of the Bill. I am told that there have been discussions with officials in the Department of Justice in Northern Ireland. There have not been discussions with officials in the Republic, but I am happy to take that away.
Karin Smyth
Regarding the point made by the hon. Member for Torbay, this is a serious matter. As we leave the European Union, the Republic of Ireland will be, for the first time, treated as an overseas country for all these matters. If there is not a trade now, there is a possibility of future trade. It is incumbent on all Departments to be aware of that in passing legislation. It is also incumbent upon the Government, as a result of the Belfast/Good Friday agreement, to have detailed co-operation with enforcement officers in the Republic of Ireland on all such matters. Before the Bill goes back to the Floor of the House, it would be helpful for that to be discussed with officials in the Republic of Ireland as well as in Northern Ireland.
Victoria Atkins
I thank the hon. Lady for that observation.
Question put and agreed to.
Clause 18, as amended, accordingly ordered to stand part of the Bill.
Clause 19
Amendments to the definition of “flick knife”
Question proposed, That the clause stand part of the Bill.
Louise Haigh
I have a few concerns to express on behalf of several organisations and individuals who have given evidence to the Committee. We of course wholeheartedly support the principle behind the clause, which is to update definitions in order to reflect change in weapon designs.
The existing definitions include,
“any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, sometimes known as a ‘flick knife’ or ‘flick gun’”,
and any with a blade released by “force of gravity”. Respondents felt that neither of those particular knives was of the type used in criminal activity now. We are not convinced by that argument, because the definition the Government were considering had not been published during the consultation. Now that the new definition has been published, I think it adequately captures the offence and has the benefit of being broadly defined. Many organisations, charities and those in the legal and criminal justice sector agree with the proposal, but there are some legitimate concerns.
In other cases, the definition for any knife, bladed article or bladed product has tended to expand as it has made its way through the courts and into case law. For example, butter knives are now bladed articles, thanks to a judgment in 2004, I believe. The majority of reservations expressed by retailers and individuals were around the possibility that the revised definition might capture knives that can be opened with one hand but are used in everyday life by those pursuing a hobby, such as rock climbers, or by those who require such a knife for their work.
One concern related to the definition in subsection (1)(a), which refers to a
“button, spring or other device in or attached to the knife”,
rather than
“in or attached to the handle of the knife”.
I have been provided with examples of safety knives used by kayakers that can be deployed with one hand by using lateral pressure against the stud of the blade, rather than the handle. That type of knife, which now involves only a possession offence without the reasonable excuse defence, would be prohibited. Will the Minister reassure the Committee that she has considered the representations of such sports enthusiasts regarding the definition and that she is satisfied that it will not criminalise perfectly legitimate products?
Victoria Atkins
The good news is that butter knives are not bladed products under clause 7.
Clause 19 amends section 1 of the Restriction of Offensive Weapons Act 1959 to provide that the definition of a flick knife will include knives that mimic the way in which a flick knife is opened, where the open mechanism design does not bring the knife under the definition set out in 1959 Act. In existing legislation, a flick knife is
“any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in or attached to the handle of the knife”.
That is an old definition and new designs are now available that mimic the speed with which a flick knife can be opened but that do not strictly fall under the 1959 legislation. There are suspicions that they have been designed deliberately to skirt around that definition. I have seen some models that allow the blade to open at great speed from a closed to a fully opened position, but the mechanisms are not in the handle. However, we know that they can be very dangerous and that they are the sort of weapons that people who have ill will in mind find very attractive as an option for arming themselves.
We have therefore set out to include in the new definition of a flick knife any knife that opens automatically from a closed or partially opened position to a fully opened position by means of
“manual pressure applied to a button, spring or other device”
contained in a knife or attached to it. Knives opened manually, including those opened with a thumb stud, will not fall under the new definition. Similarly, knives with a mechanism that opens the blade slightly but not completely and need to be opened fully by hand will not fall under the definition. We are very conscious of representations made by tree surgeons and others, and we have tried to encompass their concerns. The definition will ensure that knives for a situation in which it is necessary to open a knife with one hand are available in the market. For tree surgeons, for example, the fact of their occupation would lend them comfort under the Bill.
Question put and agreed to.
Clause 19 accordingly ordered to stand part of the Bill.
Clause 20
Prohibition on the possession of certain dangerous knives
Victoria Atkins
I beg to move amendment 35, in clause 20, page 18, line 43, leave out “and (3)” and insert “to (3A)”.
This amendment and Amendments 36 to 41 provide for various defences to the existing and new offences relating to flick knives and gravity knives. The defences apply to the making available of a knife to, or the possession, lending or hiring of a knife by, a museum or gallery.
Victoria Atkins
The amendments in this group do one thing: provide a defence for museums and galleries, so that they can continue to own and display historical examples of flick knives and gravity knives. I will explain why such a defence is needed.
The 1959 Act makes it an offence to sell, manufacture, hire or import flick knives and gravity knives, so the supply of these weapons has been inhibited since then, and as we have just agreed, clause 19 updates the definition of the flick knife. Clause 20 extends the prohibition on the supply of flick knives, including those caught by the new definition, and gravity knives by making it an offence simply to possess such knives. The intention behind these measures is to make it harder for young people to get hold of dangerous weapons and to ensure that the police can take action when they come across these weapons.
Flick knives and gravity knives exist as pure weapons; they have no purpose other than to cause injury. That is why we have been keen to ensure that the law keeps pace with their design. The new definition will assist in that. Although it is not an offence to buy flick knives and gravity knives, anyone who has bought one from overseas since 1959 has broken the law by importing it. We have become aware through the Department for Digital, Culture, Media and Sport that some museums, such as the Imperial War Museum and the Royal Armouries Museum, hold examples of flick knives and gravity knives in their collections. Some come from the first and second world wars or are considered to be of historical interest in other ways. These museums are also, in some cases, restricted by law as to how they can dispose of items in their collections and may only be able to do so in certain, very narrow circumstances.
The amendments in this group provide a defence for museums and galleries, should they ever be prosecuted for the offence of possessing a flick knife or gravity knife. The provisions enable them to hold and display historical examples of such weapons, to acquire new items, and to lend or hire such items to other institutions for cultural, artistic or educational purposes. They are similar to provisions already provided for museums and galleries for weapons covered by section 141 of the Criminal Justice Act 1988. We have agreed with the devolved Administrations that the defence will apply to museums across the United Kingdom.
Where a member of the public owns a flick knife or a gravity knife that is of historical interest, they can pass them to a museum or surrender them to the police under clause 24 of the Bill and claim compensation. I hope that explains why these amendments are necessary, and that they will be supported by the Committee.
Amendment 35 agreed to.
Amendments made: 36, in clause 20, page 19, line 14, at end insert—
‘(3A) After subsection (2) insert—
(2D) It is a defence for a person charged in respect of any conduct of that person relating to a knife of a kind described in subsection (1)—
(a) with an offence under subsection (1), or
(b) with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979,
to show that the conduct was only for the purposes of making the knife available to a museum or gallery to which this subsection applies.
(2E) It is a defence for a person charged with an offence under subsection (1A) to show that they possessed the knife only in their capacity as the operator of, or as a person acting on behalf of, a museum or gallery.
(2F) If the operator of, or a person acting on behalf of, a museum or gallery to which this subsection applies is charged with hiring or lending a knife of a kind described in subsection (1), it is a defence for them to show that they had reasonable grounds for believing that the person to whom they lent or hired it would use it only for cultural, artistic or educational purposes.
(2G) Subsection (2D) or (2F) applies to a museum or gallery only if it does not distribute profits.
(2H) In this section “museum or gallery” includes any institution which has as its purpose, or one of its purposes, the preservation, display and interpretation of material of historical, artistic or scientific interest and gives the public access to it.
(2I) A person is to be taken to have shown a matter mentioned in subsection (2D), (2E) or (2F) if—
(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and
(b) the contrary is not proved beyond reasonable doubt.””
See the explanatory statement for Amendment 35.
Amendment 37, in clause 20, page 19, line 27, at end insert—
‘(4) It is a defence for a person charged in respect of any conduct of that person relating to a knife of a kind described in paragraph (1) with an offence under paragraph (1) to show that the conduct was only for the purposes of making the knife available to a museum or gallery to which this paragraph applies.
(5) It is a defence for a person charged with an offence under paragraph (2) to show that they possessed the knife only in their capacity as the operator of, or as a person acting on behalf of, a museum or gallery.
(6) If the operator of, or a person acting on behalf of, a museum or gallery to which this paragraph applies is charged with hiring or lending a knife of a kind described in paragraph (1), it is a defence for them to show that they had reasonable grounds for believing that the person to whom they lent or hired it would use it only for cultural, artistic or educational purposes.
(7) Paragraph (4) or (6) applies to a museum or gallery only if it does not distribute profits.
(8) In this Article “museum or gallery” includes any institution which has as its purpose, or one of its purposes, the preservation, display and interpretation of material of historical, artistic or scientific interest and gives the public access to it.
(9) A person is to be taken to have shown a matter mentioned in paragraph (4), (5) or (6) if—
(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and
(b) the contrary is not proved beyond reasonable doubt.” —(Victoria Atkins.)
See the explanatory statement for Amendment 35.
Question proposed, That the clause, as amended, stand part of the Bill.
Stephen Timms
I have a question arising from what the Minister said earlier about what Border Force can do if it finds an offensive weapon coming across the border in a parcel or something of that kind. She said that if Border Force believes that there is a good prospect that the police could prosecute, it is empowered to seize the weapon. Proposed new section 1(1A) of the Restriction of Offensive Weapons Act 1959 says:
“Any person who possesses any knife of a kind described in subsection (1) is guilty of an offence.”
It is clear that a person who receives such a weapon commits an offence, and from what the Minister was saying, Border Force would be empowered to seize that weapon. However, where under-18s are receiving knives, it is the seller who commits the offence by selling a knife to a person under the age of 18.
If Border Force found a knife in a parcel addressed to an individual, and was aware, or could establish, that the individual was under the age of 18—admittedly, it probably would not know that—would Border Force be able to seize it? My worry is that it probably would not, because nobody would have committed an offence. The person who has bought the knife has not committed an offence; because of the way the law is framed, the seller has committed the offence, but the seller is outside the UK and outside the remit of the law. If Border Force found a knife addressed to somebody under 18, would it be unable to seize it because no offence had been committed, or is there some basis on which it could seize it? It would clearly be an unsatisfactory state of affairs if Border Force could not do that.
The Minister quite rightly explained that Border Force would need to be satisfied that there was a reasonable chance of a prosecution being secured. Where a knife or other offensive weapon is being sent to an under-18, it is not clear that an offence has been committed. Does that mean that Border Force would not be able to seize the knife? If that is the case, we may need to look at how the law is framed, because I want to see Border Force playing a role in—
Stephen Timms
I raise the matter under clause 20 because the clause provides a form of words that clearly gives Border Force the ability to seize a weapon on the basis that the Minister explained. My concern is that if a knife is sent to an under-18 and the seller is outside the UK, no offence may technically have been committed, and Border Force might not be able to intervene. I just wanted to clarify the position, but I am grateful for your indulgence, Mr Gray, and for the compliment.
Victoria Atkins
If we are talking about clause 20 and flick knives, those knives are so offensive that there is no age restriction on their possession; if the Bill were passed with this clause, anyone in this room who possessed a flick knife would be committing a criminal offence. The clause aims to assist the police in circumstances where they make a house arrest—I am speculating—and one of those items is found. At the moment, the police cannot charge for simple possession because there is a gap in the law, so we are trying to close that gap.
Stephen Timms
I am grateful to the Minister, and I completely accept that the position in clause 20 is clear: an offence would have been committed, and Border Force could seize the knife. I have a question arising from our earlier debates about knives being sent to under-18s. As far as I can see, an offence has technically not been committed in that situation, so would Border Force be unable to seize a knife at the border, even though it knew it was being sent to an under-18?
Victoria Atkins
It is an offence to import a flick knife under the 1959 Act, so the offence would be the 17-year-old trying to import a flick knife, because it is such an offensive weapon.
Tulip Siddiq (Hampstead and Kilburn) (Lab)
I want to speak to the clause briefly, as it is important to my constituency. I welcome the extension of the offence of having an offensive weapon on school premises to further education premises. As a London MP, I am aware that between January and March this year, the city suffered double the number of fatal stabbings it did during the same period the previous year. Half the victims were 23 or younger, and I know from speaking to victims’ families that many were involved in further education settings. As my hon. Friend the Member for Sheffield, Heeley, has said, expanding the policy to university campuses would help tremendously in my constituency—especially in Camden, where we have a large number of university campuses, and where many of these incidents took place. Time and again, that age group suffers the worst of the knife-crime epidemic that has hit the capital.
I want to mention a few statistics from the Mayor’s Office for Policing and Crime; in our discussions of the Bill, we have not mentioned precisely the target group who have suffered most from knife crime. As has been mentioned, victims of gang-related knife crime were more likely to be male, accounting for about 88% of the total, and 76% were under 25. A significant proportion of the victims—68%—were from a black and minority ethnic background. Young BAME men between 16 and 20 account for almost a third of all victims of gang knife crime.
Library statistics show that about 1,161 individuals between the ages of 10 and 17 were cautioned for possession of a knife in the first quarter of this year, as compared with 4,062 aged over 18. That shows the purpose of expanding the number of young adults that come into the scope of the Bill, and how it is necessary. The statistics I have talked about reflect my experiences of working on these issues in Hampstead and Kilburn, where specific communities have suffered more profoundly than others—especially the Somali community in Camden, where certain families have suffered the loss of multiple family members within just a matter of months. There was a very high-profile stabbing a few months ago that many people have probably read about. It was heartbreaking speaking to the mother of the boys affected.
The Greater London Authority figures I have talked about are simply appalling; they reiterate why the clause is absolutely correct and why I support expanding the scope of the offence to further education settings. But in the process of supporting the clause—there is always a “but” when an Opposition MP speaks—I would like to pose a few questions to the Minister. In June, I attended the Regent High School with my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer). We had a discussion with students focusing on youth safety, knife crime and gun culture. The students were well aware of the horrific violence taking place in Camden, but they suggested that the Government might consider introducing a standardised educational programme, and possibly incorporating it in the curriculum.
I have a few questions on the clause for the Minister. By extending the scope of the offence, will she make a commitment that it does not warrant the end of efforts in schools by the Government? Is including lessons on violence in the curriculum something that the Government will consider? Will she also explain whether expanding the scope of the offence, as the clause does, means additional duties on local authorities? If so, will she explain whether they will be given additional resources to ensure that they can meet the challenges of clause 21?
Answers to these questions will be particularly important to Camden Council, which will be publishing the findings of its youth safety taskforce. My right hon. and learned Friend the Member for Holborn and St Pancras is involved in chairing the taskforce, which is looking at patterns of youth violence and the relationship with spending on youth services and educational settings.
The word “crisis” is overused in politics, but in London that is what we have seen with knife violence among our youth, especially our young black men. Although I have not tabled an amendment to the clause, I hope the Government will use it as a platform to launch education programmes, in all settings, that will prevent further bloodshed in my constituency and across the country.
Victoria Atkins
Clause 21 amends section 139A of the Criminal Justice Act 1988 to extend the offence to include further education premises. The change reflects the significant expansion in the number of students and the changes in such institutions since the law was amended by the Offensive Weapons Act 1996. The number of incidents of knife possession in education institutions other than schools is unknown because possession per se is not an offence at the moment, but the number of incidents reported in the media is low—although I know that, sadly, there is experience in some Committee members’ constituencies of such incidents. We want to give the police the powers they need to deal with an incident before it happens.
Colleagues have understandably asked why universities are not included in clauses 21 and 27. While standing by the promise I made on Tuesday to reflect further, I will explain the thinking behind that. It is that universities are generally attended by adults rather than children—in other words, people aged over 18. As such, a university can be regarded as more akin to an office or other place of work than a place where children, as strictly defined by the law, are taught. Not all parts of universities can be considered a public place—for example, halls of residence—and a person possessing a bladed article, or offensive weapon or corrosive substance, on part of a university campus that is open to public access would be caught by the existing and proposed offences.
I am conscious of the debate about keypads and stairwells and so on, and it reminds me that one of the most contentious cases in the last few decades in the Royal Courts of Justice was over the definition of a Jaffa cake. I am afraid that this is a similar sort of debate. We all know what it is and we know what we want to achieve; the issue is how we get the wording into statute in a way that can be applied properly by the courts.
I am delighted that the hon. Member for Hampstead and Kilburn and the right hon. and learned Member for Holborn and St Pancras have been visiting schools in London to talk about knife crime. Hon. Members may remember that, not long after I was appointed, I invited former gang members into the House of Commons so that we as Members of Parliament could listen to them and they could contribute their ideas about what Government and Parliament can do to help to safeguard them better. Their thoughts—delivered directly, but also delivered through the great charities we work with, such as Redthread, the St Giles Trust and Catch22—very much fed into the serious violence strategy. The hon. Member for Hampstead and Kilburn will know that, having announced in April that we were setting aside £11 million to fund early intervention initiatives, the Home Secretary doubled that to £22 million over the summer recess, because we understand the importance of this issue and want to help organisations that are doing such great work on the ground to get the message out.
Just before schools rose for the summer holidays, I wrote to headteachers across the country and invited them to encourage their teaching staff to talk to children about knife crime before the holidays. We were conscious that sadly, summer holidays sometimes mean that children find themselves in very damaging situations. I do a lot of work on the curriculum with my colleagues in the Department for Education, and gangs and their impact form part of the latest safeguarding guidance from the Department. That issue is also addressed through the serious violence taskforce, which brings together the Home Office, all other Government Departments, senior Ministers, the Mayor of London, chief constables, police and crime commissioners, charities, healthcare providers, and so on. That taskforce is doing a great deal of work on what more we can do through early intervention to help children at an earlier stage.
This summer, we announced the results of the continuing anti-knife crime community fund, which is having a real impact on smaller charities in local areas that are working on the ground with children to safeguard them and lead them away from paths of criminality.
Louise Haigh
Will the Minister explain why the Home Office was considering higher education premises at the beginning of the consultation period, when it knew that universities are not occupied by children? What has changed the Home Office’s mind during the consultation process?
Victoria Atkins
Just that we have been troubled by this definition of a “public place.” Having listened to the submissions made through the Committee, we will look at the issue again, but this is a difficult area, because higher education premises tend to be frequented by people who are adults in the eyes of the law. Of course, if an adult walks around with a knife or does anything worse with it, that is already caught by the existing legislation, but higher education premises are a grey area, as are stairwells in communal housing. I will see whether we can do anything more that will withstand any challenge through the courts.
Tulip Siddiq
When the decision was made to not include university premises, was any consultation done with deans, chancellors or safety officers on university campuses, for example?
Victoria Atkins
I do not know the answer to that question on the spot, but I am sure we can write to the hon. Lady. I just wish to emphasise that it is difficult to pinpoint where is public and where is private in an area such as a university.
Question put and agreed to.
Clause 21 accordingly ordered to stand part of the Bill.
Clause 22 ordered to stand part of the Bill.
Clause 23
Prohibition on the possession of offensive weapons: supplementary
Question proposed, That the clause stand part of the Bill.
Victoria Atkins
The definition of “zombie knife” in the Bill is the existing definition under section 141(2) of the Criminal Justice Act 1988 set out in the Criminal Justice Act 1988 (Offensive Weapons) (Amendment) Order 2016. I appreciate that we are fighting a constant battle to future-proof the definition of such knives, but that is the definition in law. I have listened to what the hon. Lady said about crossbows and I am happy to reflect on it. The definition of “zombie knife” was agreed by Parliament in a statutory instrument in 2016 and we have sought to be consistent with that.
Louise Haigh
Since that statutory instrument, how many possession convictions, or associated convictions, have there been in which the weapons cited by the statutory instrument were still being manufactured and sold?
Victoria Atkins
I will have to write to the hon. Lady about that. I commend the clause to the Committee.
Question put and agreed to.
Clause 23 accordingly ordered to stand part of the Bill.
Clause 24
Surrender of prohibited offensive weapons
Question proposed, That the clause stand part of the Bill.
Louise Haigh
There are some costings involved in clauses 24 and 25. I believe that the impact assessment estimated that a national amnesty would cost between £200,000 and £300,000, and the cost of compensation for surrendered knives would cost about £200,000. Whose budget will that come out of?
Victoria Atkins
Clause 24 provides for the regulations for compensation. I will provide a draft of the regulations in due course, and there will be an opportunity to scrutinise the arrangements when they are laid before the House following Royal Assent. The budget for the compensation will come from the Home Office.
Question put and agreed to.
Clause 24 accordingly ordered to stand part of the Bill.
Clause 25 ordered to stand part of the Bill.
Clause 26
Offence of threatening with offensive weapon etc
Amendments made: 24, in clause 26, page 25, line 14, at end insert—
‘( ) Section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public) is amended in accordance with subsections (1) and (1A).
This amendment and Amendments 25 to 28 provide for the repeal of the definitions of “serious physical harm” in section 1A(2) of the Prevention and Crime Act 1953 and section 139AA(4) of the Criminal Justice Act 1988. Clause 26 replaces references to “serious physical harm” in section 1A(1) of the 1953 Act and section 139AA(1) of the 1988 Act with references to “physical harm”.
Amendment 25, in clause 26, page 25, line 15, leave out from “In” to end of line 16 and insert “subsection (1)—”.
See the explanatory statement for Amendment 24.
Amendment 26, in clause 26, page 25, line 21, at end insert—
‘(1A) Omit subsection (2).
(1B) Section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon) is amended in accordance with subsections (2) and (3).’
See the explanatory statement for Amendment 24.
Amendment 27, in clause 26, page 25, line 22, leave out from “In” to end of line 23 and insert “subsection (1)—”
See the explanatory statement for Amendment 24.
Amendment 28, in clause 26, page 25, line 28, at end insert—
‘(1A) Omit subsection (4).’—(Victoria Atkins.)
See the explanatory statement for Amendment 24.
Question proposed, That the clause, as amended, stand part of the Bill.
Louise Haigh
The clause attempts to lower the threshold for the offence of threatening with an offensive weapon. The offence of threatening with an article with a blade or a point, or an offensive weapon, set out in section 139AA of the Criminal Justice Act 1988 requires the prosecution to prove that the defendant threatened another person with a weapon
“in such a way that there is an immediate risk of serious physical harm to that other person.”
This modification will strengthen the law to make prosecution easier.
The clause amends existing offences of threatening with an offensive weapon or article with a blade or point. There is a mandatory minimum custodial sentence of a four-month detention and training order for children aged 16 and 17 and a custodial sentence of at least six months for an adult convicted under the existing legislation. Let me take this opportunity again to put on the record the Opposition’s concerns about mandatory minimum sentences for children and the conflict between the Sentencing Council’s advice and the Government’s legislation.
The clause raises a number of questions, and several organisations have made their concerns clear. The Law Society stated:
“We are not persuaded that the proposed change to the definition of this offence is necessary. The requirement that the prosecution prove that there is an immediate risk of serious physical harm arising from the threat, as introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, remains an appropriate, sufficient and objective, test.”
As far as I could see, the consultation paper provided no examples of cases where the current law proved inadequate, so will the Minister elaborate on that? Can she provide examples where someone should have been convicted of an offence but the threshold could not be met? If not, why is the clause in the Bill? What advice has she received from the police service about the evidential threshold being difficult to meet? The impact assessment suggested there would be a 10% uptick in prosecutions. Presumably that figure was not plucked from thin air, so may we have more information about how the Home Office arrived at it?
The Law Society continued:
“It is not clear what exactly is the asserted inadequacy with the current law to justify this change in the law. While we note the inclusion of an objective element of the reasonableness of the victim’s fear, by reference to a hypothetical person of reasonable firmness, this will provide fertile room for debate and appeals, in much the same way as occurred in relation to the old defence of provocation.”
That is important. As the Minister will know, the old defence of provocation is in section 3 of the Homicide Act 1957 and was changed in 2009. In its first report, the Law Commission stated that there were significant problems with that defence as it did not appear to be underpinned by any clear rationale, and that the concept of loss of self-control had become troublesome.
In the 2005 case of Harriot v. DPP, for example, a man at a bail hostel returned to find his room had been burgled. He placed two knives in his pockets and started becoming agitated in the communal reception area. He then went outside into the front garden of the hostel. The staff locked him out and the police were called. After searching him and finding the knives, they arrested him for possession of sharply pointed implements and he was convicted. However, he won his appeal by arguing that the private front garden was not a place where that offence could be committed merely because the public’s access to the area was unimpeded. That goes back to the problems with the definition of “public area”. In that scenario, could the staff be regarded as having a reasonable fear that they were at risk of physical harm? Would that be any more the case under the Bill than under existing legislation?
This is the ultimate question: has the Minister properly scrutinised the clause for such unintended consequences, and does she intend to define “reasonable” in clause 26(1)(b)?
Victoria Atkins
I should declare an interest: I used to prosecute for the Crown Prosecution Service and other law enforcement agencies. I say with my legal hat on that I am very pleased that we are changing the test from subjective to objective. The problem the CPS has under current legislation is that, to prove the offence, it has to get the victim to court to show they were worried that they were at risk of violence. We want to stop victims having to come to court to give evidence in situations where, frankly, a reasonable person would feel in fear. The old offence made it difficult for the CPS to bring prosecutions in cases where someone walked around shouting and threatening to use their knife. That is why so few prosecutions were brought.
I met a senior member of the CPS to discuss how we could help the police and the CPS to tackle that criminality, and the test in the clause was arrived at. It is a perfectly standard, objective test of a reasonable person. I do not accept the proposition that the courts will be unable to grapple with the “reasonable person” test. The objective test is used across the criminal justice system for all sorts of offences. This is simply about placing someone in court when they choose to go out and threaten people with a knife or put people in fear of their actions. It is about ensuring that we protect the community and that the police have the powers they need to bring such people to justice.
Question put and agreed to.
Clause 26, as amended, accordingly ordered to stand part of the Bill.
Clause 27 ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Paul Maynard.)
Wednesday 28th November 2018
(6 years ago)
Commons ChamberOffensive Weapons Act 2019 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 28 November 2018 - (28 Nov 2018)
15:31 - The House divided: - Ayes: 309 / Noes: 274 - Question accordingly agreed to.
18:01 - The House divided: - Ayes: 272 / Noes: 303 - Question accordingly negatived.
18:16 - The House divided: - Ayes: 235 / Noes: 300 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Offensive Weapons Act 2019 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
John Woodcock
Well, I have to say that the hon. Lady would be supporting the Government whatever their position was. I thank her for the intervention, however, because it does make an important point. The Prime Minister, as a former Home Secretary, does understand the threat, so the fact that the Government are doing the wrong thing because of party interest is shameful.
The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)
I thank all Members across the House for their passionate and heartfelt views on these important topics. I welcome the indication from the shadow Minister that the Bill continues to have the support of the Opposition.
The first duty of Government is to keep the public safe. That is why we have brought the Bill forward, to give the police and other agencies the powers they need to tackle serious violence and crime. But it is the definition of democracy that Government must meet that duty in ways that are effective but also proportionate. We have some of the strongest gun laws in the world, particularly for rapid-fire rifles. My hon. Friend the Member for Wycombe (Mr Baker) has indicated that his amendment is intended to be probing. However, those rifles remain in the Bill because we are concerned that they can discharge rounds at a rate that brings them much closer to self-loading rifles, which are already prohibited for civilian ownership under section 5 of the Firearms Act 1968. Indeed, that appears to be one of the selling points for such rifles. We have therefore included them in the Bill, because we are of the view that the indiscriminate use of rapid-firing rifles, including lever-action rifles, is such that they should be prohibited in the same way as other full-bore, self-loading rifles. I understand that my hon. Friend the Member for Wycombe has raised the interests of disabled shooters. Of course that is part of our assessment, but we are satisfied that there are other rifles that those with disabilities can use if they are prevented from using these rifles.
Let me move on to air rifles. I know that the hon. Member for Bristol South (Karin Smyth) and the right hon. Member for Delyn (David Hanson) have run long campaigns on air rifles. I hope that they both know that we have conducted this review following the coroner’s report into the terrible and very sad death of Benjamin Wragge, a 13-year-old boy who was shot accidentally with an air weapon in 2016. As I said in Committee, we received more than 50,000 representations from members of the public, and the issues raised by the new clauses tabled by the hon. Lady and the right hon. Gentleman will be considered in that specialist review, which will be published shortly. I therefore ask them not to press their new clauses to a vote.
I want to make a small point that might assist the right hon. Member for Delyn in deciding whether to press new clause 19 to a vote. The new clause refers to trigger guards, rather than trigger locks. I understand that he wants to look at locks. At the moment, air weapons are fitted with trigger guards. But I am happy to have a conversation with him, and with any other Member, about the applicability of locks as part of the review process.
On Government amendments 26 to 55, I recognise the very, very strong feelings across the House. I spoke at the beginning about the balancing act—indeed, it is a discussion we had constantly in Committee—between effectiveness and proportionality. We saw that today, let alone on Second Reading and in Committee, in relation to clauses 30 and 31. The clauses were included in the Bill to strengthen the controls on high muzzle energy rifles. They are currently controlled under general licensing arrangements. The effect of the clauses would be to subject those rifles to the more rigorous controls provided by section 5 of the 1968 Act. This was because our law enforcement colleagues have concerns as to the potential effect if these rifles fall into the wrong hands. Our strong gun laws mean that those who shoot in the countryside or at ranges have met the standards expected in firearms licensing and by their local police force.
Gavin Robinson
I know the Minister has had extraordinary tension over this issue and has engaged very sincerely on it over the course of the Bill’s proceedings. I commend her commitment to public safety—I think unfair comments have been made today. I recognise, as a signatory of the amendment—others have signed it as well—that there is a willingness to engage sincerely in the consultation that she will bring forward to deal with this in the appropriate way.
Victoria Atkins
I thank the hon. Gentleman for that intervention. He mentions the consultation, so I should formally mention our consideration of all the concerns we have listened to. The Home Secretary has listened very carefully to those concerns, as well as to the representations and advice from law enforcement colleagues. In the light of those circumstances, it is now the Home Secretary’s view that we should give further detailed consideration to this and other issues relating to firearms that have arisen during the course of the Bill. It is therefore our intention to launch a full public consultation on a range of issues on firearms safety that have arisen over the past few months during the passage of the Bill. Accordingly, we have decided to remove those clauses at this stage. I emphasise that the current licensing arrangements remain in place. The consultation will include other issues that have arisen, including for example, points relating to miniature rifle ranges raised by colleagues across the House, including my hon. Friend the Member for Bexhill and Battle (Huw Merriman).
Madam Deputy Speaker (Dame Rosie Winterton)
With this it will be convenient to discuss the following:
Government new clause 17—Search for corrosive substance on school or further education premises.
New clause 1—Protection for retail staff—
‘(1) A person (“the purchaser”) commits an offence if they intentionally obstruct a person (“the seller”) in the exercise of their duties under section 1 of this Act.
(2) In this section, “intentionally obstruct” includes, but is not limited to, a person acting in a threatening manner.
(3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.’
New clause 5—Prohibition of bladed product displays—
‘(1) A person who in the course of a business displays a bladed product in a place in England and Wales or Northern Ireland is guilty of an offence.
(2) The appropriate Minister may by regulations provide for the meaning of “place” in this section.
(3) The appropriate Minister may by regulations make provision for a display in a place which also amounts to an advertisement to be treated for the purposes of offences in England and Wales or Northern Ireland under this Act—
(a) as an advertisement and not as a display, or
(b) as a display and not as an advertisement.
(4) No offence is committed under this section if—
(c) the bladed products are displayed in the course of a business which is part of the bladed product trade,
(d) they are displays for the purpose of that trade, and
(e) the display is accessible only to persons who are engaged in, or employed by, a business which is also part of that trade.
(5) No offence is committed under this section if the display is a requested display to an individual age 18 or over.
(6) The appropriate Minister may provide in regulations that no offence is committed under section 1 of the display complies with requirements specified in regulations.’
New clause 6—Report on the causes behind youth violence with offensive weapons—
‘(1) The Secretary of State must, within 6 months of this Act receiving Royal Assent, lay a report before Parliament on the causes behind youth violence with offensive weapons.
(2) The report under subsection 1 must consider, but is not limited to,
(a) The effect of the reduction in police numbers on the levels of youth violence with offensive weapons;
(b) The effect of the reduction in public spending on—
(i) children’s services,
(ii) Sure Start,
(iii) state-maintained schools,
(iv) local authorities,
(v) youth offending teams,
(vi) Border Force, and
(vii) drug treatment programmes.
(3) The report under subsection 1 and the considerations under subsection 2 must consider the benefits of the public health approach to violence reduction.
(4) The report must contain all departmental evidence held relating to subsection 2 and 3.’
This new clause would require the Secretary of State to review the causes behind youth violence with offensive weapons.
New clause 7—Offence of threatening with an offensive weapon—
‘(1) Section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public) is amended as follows.
(a) After “Offence of threatening with offensive weapon” leave out “in public”.
(b) In subsection 1(a), after “weapon” leave out “with him or her in a public place”.
(c) In subsection 3, after “section” leave out ““public place” and “offensive weapon” have” and insert “offensive weapon” has’
This new clause would mean that threatening with an offensive weapon anywhere would be an offence, not merely in a public place.
New clause 10—Threatening with a bladed article or offensive weapon in a dwelling—
‘(1) Section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon) is amended as follows.
(2) After subsection 12 insert—
13 Where the threatening offence takes place in a dwelling, a person charged with this offence may rely on the defence available in a “householder case” set out in section 76 of the Criminal Justice and Immigration Act 2008.
14 In subsection 13 above, “dwelling” has the meaning given in section 76 of the Criminal Justice and Immigration Act 2008.’
New clause 11—Threatening with a bladed article or offensive weapon in a dwelling (No.2)—
‘(1) Section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public) is amended as follows.
(2) After subsection 10 insert—
11 Where the threatening offence takes place in a dwelling, a person charged with this offence may rely on the defence available in a “householder case” set out in section 76 of the Criminal Justice and Immigration Act 2008.
12 In subsection 11 above, “dwelling” has the meaning given in section 76 of the Criminal Justice and Immigration Act 2008.’
New clause 12—Threatening with a bladed article or offensive weapon in a dwelling (No.3)—
‘(1) Section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public) is amended as follows.
(2) After subsection 10 insert—
11 Where an offence under this section takes place in a dwelling it shall be a defence for a person charged with such an offence to prove that he had lawful authority or reasonable excuse for having the article with him.
12 In subsection 11 above, “dwelling” has the meaning given in section 76 of the Criminal Justice and Immigration Act 2008.’
New clause 13—Threatening with a bladed article or offensive weapon in a dwelling (No.4)—
‘(1) Section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon) is amended as follows.
(2) After subsection 12 insert—
13 Where an offence under this section takes place in a dwelling it shall be a defence for a person charged with such an offence to prove that he had lawful authority or reasonable excuse for having the article with him.
14 In subsection 13 above, “dwelling” has the meaning given in section 76 of the Criminal Justice and Immigration Act 2008.’
New clause 14—Protection for retail staff: bladed articles—
‘(1) A person (“the purchaser”) commits an offence if they intentionally obstruct a person (“the seller”) in the exercise of their duties under section 141A of the Criminal Justice Act 1988.
(2) In this section, “intentionally obstruct” includes, but is not limited to, a person acting in a threatening manner.
(3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.’
New clause 15—Offence of threatening with blade or offensive weapon (No.2)—
‘(1) Section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon) is amended as follows.
(2) In subsection 1(a), after “applies” leave out “with him or her in a public place or on school premises”.
(3) Omit subsection 2.
(4) Omit subsection 3.
(5) Omit subsection 5.’
This new clause would mean that threatening with a knife anywhere would be an offence, not merely in a public place or school/further education premises.
New clause 20—Offence of threatening with a non-corrosive substance—
‘(1) A person commits an offence if they threaten a person with a substance they claim or imply is corrosive.
(2) It is not a defence for a person to prove that the substance used to threaten a person was not corrosive or listed under schedule 1 of this act.
(3) In this section, “threaten a person” means—
(a) that the person unlawfully and intentionally threatens another person (“A”) with the substance, and
(b) does so in such a way that a reasonable person (“B”) who was exposed to the same threat as A would think that there was an immediate risk of physical harm to B.
(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.’
New clause 21—Prohibition on the possession of a corrosive substance on educational premises—
‘(1) A person commits an offence if that person has a corrosive substance with them on school premises, further education premises or higher education premises.
(2) It shall be a defence for a person charged with an offence under subsection (1) to prove that they had good reason or lawful authority for having the corrosive substance on school premises, further education premises or higher education premises.
(3) Without prejudice to the generality of subsection (2), it is a defence for a person charged in England and Wales or Northern Ireland with an offence under subsection (1) to prove that they had the corrosive substance with them for use at work.
(4) Without prejudice to the generality of subsection (3), it is a defence for a person charged with an offence under subsection (1) to show that they had the corrosive substance with them for use at work.
(5) A person is to be taken to have shown a matter mentioned in subsection (4) or (5) if—
(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and
(b) the contrary is not proved beyond reasonable doubt.
(6) A person guilty of an offence under subsection (1) is liable—
(a) on summary conviction in England and Wales, to an imprisonment for a term not exceeding 12 months, to a fine or to both;
(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both;
(c) on conviction on indictment, to imprisonment for a term not exceeding 4 years, to a fine or both.
(7) In relation to an offence committed before the coming into force of section 154(1) of the Criminal Justice Act 2003 (maximum sentence that may be imposed on summary conviction of offence triable either way) the reference in subsection (7)(a) to 12 months is to be read as a reference to 6 months.
(8) A constable may enter any school, further education premises or higher education premises and search those premises and any person on those premises, if they have reasonable grounds for suspecting that an offence under this section is, or has been, committed.
(9) If, in the course of a search under this section, a constable discovers a corrosive substance they may seize and retain it.
(10) The constable may use reasonable force, if necessary, in the exercise of entry conferred by this section.
(11) In this section—
“corrosive substance” means a substance which is capable of burning human skin by corrosion;
“school premises” means land used for the purpose of a school, excluding any land occupied solely as a dwelling by a person employed at a school;
“school” has the meaning given by—
(a) in relation to land in England and Wales, section 4 of the Education Act 1996;
(b) in relation to land in Northern Ireland, Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/ 594 (NI 3).
“further educational premises” means—
(a) in relation to England and Wales, land used solely for the purposes of—
(b) in relation to Northern Ireland, land used solely for the purposes of an institution of further education within the meaning of Article 2 of the Further Education (Northern Ireland) Order 1997 (SI 1997/ 1772 (NI 15) excluding any land occupied solely as a dwelling by a person employed at the institution”.
“higher education premises” means an institution which provides higher education;
“institution” includes any training provider (whether or not the training provider would otherwise be regarded as an institution);
“higher education” means education provided by means of a higher education course;
“higher education course” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.’
New clause 22—Offence of threatening with corrosive substance on educational premises—
‘(1) A person commits an offence if that person threatens a person with a corrosive substance on school premises, further education premises or higher education premises.
(2) In this section—
“corrosive substance” means a substance which is capable of burning human skin by corrosion;
“threatens a person” means—
(a) unlawfully and intentionally threatens another person (“A”) with a corrosive substance, and
(b) does so in such a way that a reasonable person (“B”) who was exposed to the same threat as A would think that there was an immediate risk of physical harm to B.
“school premises” means land used for the purpose of a school, excluding any land occupied solely as a dwelling by a person employed at a school;
“school” has the meaning given by—
(a) in relation to land in England and Wales, section 4 of the Education Act 1996;
(b) in relation to land in Northern Ireland, Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3).
“further educational premises” means—
(a) in relation to England and Wales, land used solely for the purposes of —
(b) in relation to Northern Ireland, land used solely for the purposes of an institution of further education within the meaning of Article 2 of the Further Education (Northern Ireland) Order 1997 (SI 1997/ 1772 (NI 15) excluding any land occupied solely as a dwelling by a person employed at the institution”.
“higher education premises” means an institution which provides higher education;
“institution” includes any training provider (whether or not the training provider would otherwise be regarded as an institution);
“higher education” means education provided by means of a higher education course;
“higher education course” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988”.
(3) A person guilty of an offence under subsection (1) is liable—
(a) on summary conviction in England and Wales, to an imprisonment for a term not exceeding 12 months, to a fine or to both;
(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both;
(c) on conviction on indictment, to imprisonment for a term not exceeding 4 years, to a fine or both.
(4) In relation to an offence committed before the coming into force of section 154(1) of the Criminal Justice Act 2003 (maximum sentence that may be imposed on summary conviction of offence triable either way) the reference in subsection (7)(a) to 12 months is to be read as a reference to 6 months.’
New clause 23—Advertising offensive weapons online—
‘(1) A person or company commits an offence when a website registered in their name is used to advertise, list or otherwise facilitate the sale of any weapon listed in Schedule 1 of the Criminal Justice Act 1988 (Offensive Weapons) Order (SI 1988/2019) or any offensive weapon capable of being disguised as something else.
(2) No offence is committed under this section if—
(a) the website removes the advertisement or list within 24 hours of the registered owner of the website being informed that the advertisement or list includes a weapon listed in Schedule 1 of the Criminal Justice Act 1988 (Offensive Weapons) Order (SI 1988/2019) or any offensive weapon capable of being disguised as something else.
(3) The registered owner of a website that is guilty of an offence under subsection (1) is liable—
(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, to a fine or to both;
(b) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, to a fine not exceeding level 5 on the standard scale.’
New clause 24—Enforcement—
‘(1) It shall be the duty of every authority to which subsection (4) applies to enforce within its area the provisions of Clauses 1, 3, 4, 17 and 20 of this Bill.
(2) An authority in England or Wales to which subsection (4) applies shall have the power to investigate and prosecute for an alleged contravention of any provision imposed by or under this section which was committed outside its area in any part of England and Wales.
(3) A district council in Northern Ireland shall have the power to investigate and prosecute for an alleged contravention of any provision imposed by or under this section which was committed outside its area in any part of Northern Ireland.
(4) The authorities to which this section applies are—
(a) in England, a county council, district council, London Borough Council, the Common Council of the City of London in its capacity as a local authority and the Council of the Isles of Scilly;
(b) in Wales, a county council or a county borough council;
(c) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(1);
(d) in Northern Ireland, any district council.
(5) In enforcing this section, an enforcement authority must act in a manner proportionate to the seriousness of the risk and shall take due account of the precautionary principle, and shall encourage and promote voluntary action by producers and distributors.
(6) Notwithstanding subsection (5), an enforcement authority may take any action under this section urgently and without first encouraging and promoting voluntary action if a product poses a serious risk.’
New clause 25—Investigatory powers for trading standards—
‘(1) Schedule 5 of the Consumer Rights Act 2015 is amended in accordance with subsection (2).
(2) In Part 2, paragraph 10, at end insert—
“section (Enforcement)”.’
This new clause is consequential on NC24
New clause 26—Aggravated offence of possessing a corrosive substance or dangerous knife—
‘(1) A person is guilty of an aggravated offence of possessing a corrosive substance in a public place if—
(a) they commit an offence under section 6 of this Act, and
(b) at the time of committing the offence, the offender was—
(i) the driver of a moped or motor bicycle, or
(ii) a passenger of a moped or motor bicycle.
(2) A person is guilty of an aggravated offence of possessing certain dangerous knives if—
(a) they commit an offence under section 1A of the Restrictions of Offensive Weapons Act 1959, as amended, and
(b) at the time of committing the offence, the offender was—
(i) the driver of a moped or motor bicycle, or
(ii) a passenger of a moped or motor bicycle.
(3) A person guilty of an aggravated offence under this section is liable—
(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding two years, to a fine or both;
(b) on summary conviction in Scotland, to imprisonment for a term not exceeding two years, to a fine or both.
(4) For the purposes of this section, “moped” and “motor bicycle” have the same meanings as in section 108 of the Road Traffic Act 1988.’
New clause 30—Review of the Act—
‘(1) The Secretary of State must, within one year of this Act receiving Royal Assent, appoint an independent person to conduct an annual review of the provisions contained in this Act and the effect those provisions have had on crimes involving offensive weapons.
(2) The review under section 1 must consider, but is not limited to—
(a) the impact the provisions on corrosive substances have had on crimes involving these substances, and whether these provisions are still adequate;
(b) the impact the provisions on firearms have had on crimes involving these weapons, and whether the provisions are still adequate;
(c) whether existing police funding is sufficient to ensure the adequate enforcement of the provisions of this Act and offences relating to offensive weapons; and
(d) anything else the Secretary of State, or independent person appointed to conduct the review, thinks appropriate.
(3) The annual review under section 1 must be laid before both Houses of Parliament.’
New clause 31—Amendments to the Crossbow Act 1987—
‘(1) The Crossbow Act 1987 is amended as follows.
(2) After section 1 insert—
“1A Requirement of crossbow certificate
(1) Subject to any exemption under this Act, it is an offence for a person to have in their possession, or to purchase or acquire, a crossbow to which this section applies without holding a crossbow certificate in force at the time, or otherwise than as authorised by such a certificate.
(2) It is an offence for a person to fail to comply with a condition subject to which a crossbow certificate is held by them.
(3) This section applies to crossbows with a draw weight of which is to be determined in regulations designated by the Home Secretary, following consultation with—
(a) the National Police Chiefs’ Council;
(b) any other person or body the Home Secretary may deem necessary.”
(3) After section 1A insert—
“1B Application for a crossbow certificate
(1) An application for the grant of a crossbow certificate must be made in the form prescribed by regulations issued by the Home Secretary to the chief officer of police for the area in which the applicant resides and shall state such particulars as may be required by the form.
(2) A crossbow certificate shall be granted where the chief officer of police is satisfied that—
(a) the applicant is fit to be entrusted with a crossbow to which section 1 of this Act applies and is not a person prohibited by this Act from possessing such a crossbow;
(b) that he has a good reason for having in his possession, or for purchasing or acquiring, the crossbow in respect of which the application is made; and
(c) in all the circumstances the applicant can be permitted to have the crossbow in his possession without danger to the public safety or to the peace.”
(3) In section 6 (punishments), in subsection 1, after “section 1” insert – “, or section 1A or section 1B”.
(4) After section 7 insert—
“7A Regulations
(1) A power to make regulations under this Act is exercisable by statutory instrument.
(2) Regulations under this Act may make provisions for the issuing of a crossbow certificate.
(3) A statutory instrument which contains regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.”’
Amendment 12, in clause 1, page 2, line 11, leave out “imprisonment for a term not exceeding 51 weeks” and insert “a community sentence”
This amendment, along with Amendment 13, would replace the custodial sentences for the new offence in Clause 1 (sale of corrosive products to persons under 18) with community sentences.
Amendment 13, page 2, line 14, leave out “imprisonment for a term not exceeding 6 months” and insert “a community sentence”
This amendment, along with Amendment 12, would replace the custodial sentences for the new offence in Clause 1 (sale of corrosive products to persons under 18) with community sentences.
Amendment 14, in clause 6, page 7, line 7, after “place” insert “with intent to cause injury”
This amendment would make it an offence to have a corrosive substance in a public place only with the intent to cause injury to someone.
Amendment 3, page 8, line 3, after “otherwise” insert
“and means any place other than premises occupied as a private dwelling (including any stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling).”
This amendment would extend the definition of public places in relation to England and Wales and Northern Ireland to include communal spaces within residential blocks.
Amendment 15, page 8, line 39, leave out clause 8
This amendment, along with Amendment 16, would remove mandatory custodial sentences for people convicted under the new offence in Clause 6 who have at least one previous relevant conviction.
Amendment 16, page 9, line 37, leave out clause 9
This amendment, along with Amendment 15, would remove mandatory custodial sentences for people convicted under the new offence in Clause 6 who have at least one previous relevant conviction.
Government amendment 56.
Amendment 8, in clause 17, page 16, line 41, at end insert—
“(ab) the seller is not a trusted trader of bladed products, and”
Amendment 9, page 17, line 3, at end insert—
‘(3A) The Secretary of State may by regulations determine the conditions of being designated a trusted trader of bladed products in England and Wales for the purposes of section 17(1)(ab).
(3B) Scottish Ministers may by regulations determine the conditions of being designated a trusted trader of bladed products in Scotland for the purposes of section 17(1)(ab).
(3C) The Department of Justice in Northern Ireland may by regulations determine the conditions of being designated a trusted trader of bladed products in Northern Ireland for the purposes of section 17(1)(ab).”
Amendment 1, in clause 18, page 17, line 44, at end insert—
‘(4A) It is a defence for a person charged with an offence under section 17 to prove that they reasonably believed that the buyer bought the bladed product for use for decorating purposes.”
Amendment 2, page 18, line 24, at end insert—
‘(10) For the purposes of this section a bladed product is used by a person for decorating purposes if and only if the product is only used to make improvements, enhancements or repairs to real property or personal property.”
Amendment 4, in clause 23, page 23, line 8, after “further education premises” insert
“and higher education provider premises”
Amendment 5, page 23, line 10, after “further education premises” insert
“and higher education provider premises”
Amendment 7, page 24, line 8, at end insert—
‘(7A) After subsection (6A) insert—
(6B) In this section “higher education provider” means an institution which provides higher education; “institution” includes any training provider (whether or not the training provider would otherwise be regarded as an institution); “higher education” means education provided by means of a higher education course; “higher education course” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988”.
Amendment 6, page 24, line 11, after “further education premises” insert
“and higher education provider premises”
Government amendments 57 to 61.
Amendment 22, in clause 25, page 26, line 41, leave out “the purpose only of participating in religious ceremonies” and insert “religious reasons only”
This amendment extends the defence to cover the possession of a ceremonial Sikh Kirpan for religious reasons on occasions other than religious ceremonies.
Amendment 17, page 28, line 28, leave out clause 28
This amendment, along with Amendments 18 and 19 would retain the current definition of risk for the existing offences in Section 1A of the Prevention of Crime Act 1953 and Section 139AA of the Criminal Justice Act 1988, and for the new offence in Clause 29.
Amendment 11, page 29, line 6, leave out clause 29
This amendment would mean that threatening with a knife anywhere would be an offence, not merely in a public place or school/further education premises.
Amendment 18, in clause 29, page 29, line 14, leave out “(“A”)”
This amendment, along with Amendments 17 and 19, would retain the current definition of risk for the existing offences in Section 1A of the Prevention of Crime Act 1953 and Section 139AA of the Criminal Justice Act 1988, and for the new offence in Clause 29.
Amendment 19, page 29, line 16, leave out from “that” to the end of line 18 and insert
“there is an immediate risk of serious physical harm to that person”
This amendment, along with Amendments 17 and 18, would retain the current definition of risk for the existing offences in Section 1A of the Prevention of Crime Act 1953 and Section 139AA of the Criminal Justice Act 1988, and for the new offence in Clause 29.
Amendment 10, in clause 39, page 35, line 34, after “section” insert “17(3B),”.
Government amendments 25, 62 and 63.
Victoria Atkins
This group of new clauses and amendments deals with matters on which I know there is a great deal of agreement across the House. I will speak to Government new clauses 16 and 17 and Government amendment 25, and in response to new clauses 7, 10 to 13, 22 and 15 and amendment 11, tabled by my hon. Friend the Member for Shipley (Philip Davies).
Let me start by saying how grateful I am to my hon. Friend for his new clauses and amendment. I know that he has raised this issue in the past, and, of course, he spoke very eloquently about it during our Second Reading debate on 27 June. There are offences available for the prosecution of a person who threatens someone with an offensive weapon in private, but those offences do not describe the criminality sufficiently, and do not attract the same penalties as those that are possible when the offence is committed in public. I have therefore been convinced by my hon. Friend that there is a gap in the law that should be filled.
Under new clause 16, it would be an offence for a person unlawfully and intentionally to threaten another person with a corrosive substance, a bladed or pointed article, or an offensive weapon in a way that poses an immediate risk of serious physical harm to that person. The offence will apply in any private place, which means anywhere other than a public place or school, or further education premises, where it is already an offence. In respect of a corrosive substance, a private place means anywhere other than a public place. The lawyers have been terribly exercised about that.
Mr Jim Cunningham (Coventry South) (Lab)
As the Minister probably knows, there was a nasty incident in Coventry a couple of days ago when a young man lost his life as a result of people carrying knives. How does she propose to strengthen the Bill? We have been here before—we have had amnesties and all sorts—but we never seem any nearer to tackling the problem. Has the Minister any proposals in that regard?
Victoria Atkins
Let me say first that I am terribly sorry to hear of the incident in the hon. Gentleman’s constituency, but I cannot comment on the specifics. The Bill is but one part of the Government’s serious violence strategy, which has been a rolling programme of action since April. The purpose of these measures, particularly in relation to knives, is to address the concern expressed to us by charities, the police and others about the ability of young people to get hold of knives.
Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
Does the Minister appreciate the serious concern in the British Sikh community about people being in possession of a kirpan? As president of Gatka Federation UK, I know that many people are concerned about the practice of that Sikh martial art. Various individuals and organisations, including the Sikh Council UK and the Sikh Federation UK, have expressed solid concerns, and I think that an amendment has also been tabled. I hope that the Minister can allay those genuine concerns.
Victoria Atkins
I am delighted to say that I can, and I promise to deal with that in more detail in due course. I pay tribute to the hon. Member for Birmingham, Edgbaston (Preet Kaur Gill), her colleague the hon. Member for Wolverhampton North East (Emma Reynolds) and my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), who have led discussions on the issue.
Victoria Atkins
May I make a little more progress?
In relation to the issue of a private place, it will become an offence to threaten someone with a corrosive substance on educational premises, for example, a point raised under new clause 22 by the right hon. Member for East Ham (Stephen Timms). This provides for a maximum penalty of four years, in line with the maximum penalty for the public offence and considerably more than the current six-month maximum for a threat that amounts to common assault, which is the offence that may be charged currently.
The Government amendment would avoid householders having to justify owning their kitchen knives—again that demonstrates the balancing exercise we have had to do in this Bill. It targets the criminality that my hon. Friend the Member for Shipley wants to address while denying my fellow lawyers the chance to argue about possessing domestic implements, a sentiment I know my hon. Friend will endorse. New clause 17 will provide the necessary powers to enter and search for a corrosive substance on school and further education premises in support of the new offence.
Government amendment 25 simply sets the extent of the new offence as England and Wales, but I know my hon. Friend and others are keen to ensure that householders who have to defend themselves against burglars are not caught inadvertently by this new offence. That is not the intention of the Government, or I suspect the House, if this new offence is passed. The new offence is designed to capture perpetrators who have no recourse to the well-established defences of self-defence, defence of another and defence of property.
Jim Shannon
I thank the Minister for giving way. The Minister said that the corrosive substances offence applies only to England and Wales, but I understand that some of the legislation applies to Northern Ireland. Can the Minister confirm either now or later that this legislation, which we welcome and wish to see, can be applicable in Northern Ireland under the rules and laws we have there as well?
Victoria Atkins
The hon. Gentleman is drawing me into the incredibly complex area of applicability in Northern Ireland. He is right that many of the measures in the Bill have corresponding provisions for Northern Ireland, but I am sure that in due course I will be able to help the House with the particular point on corrosive substances, if I may return to that.
Gavin Robinson
The Minister will see in the Bill that for the specific provisions in clauses 1 to 4 it is for a newly appointed Minister of Justice in Northern Ireland to bring forward an order on the day that they so appoint.
Victoria Atkins
The hon. Gentleman is absolutely right.
I hope that this new offence will attract widespread support across the Chamber. It recognises that some threats in private can be very serious indeed. I will therefore ask my hon. Friend the Member for Shipley not to press his amendments and I commend to the House new clauses 16 and 17 and amendment 25.
Philip Davies (Shipley) (Con)
I thank the Minister very sincerely for the way she has engaged in this issue. Clearly it was a ridiculous loophole that the offence of threatening somebody with a knife applied only in a public place and not in a private place, and I am delighted that the Minister listened to the argument and engaged with it and has brought forward these new clauses today, which I will happily support. On that basis I am very happy to confirm to her that I will not press my new clauses in this regard.
Victoria Atkins
I am very grateful to my hon. Friend and thank him again for his help not just on this but on a drafting correction that we made in the Bill Committee.
The Parliamentary Under-Secretary of State for Defence (Mr Tobias Ellwood)
He is always helpful.
Victoria Atkins
My colleague sitting next to me is quite right: my hon. Friend the Member for Shipley is always helpful.
Government amendments 56, 62 and 63 are minor amendments and have been included at the request of the Scottish Government. It is fair to say, as I said in Committee, that my officials have had a good working relationship with the Scottish Government on this Bill. These new amendments are intended to facilitate the operation of the new offences within the Scottish legal system. Under the Criminal Procedure (Scotland) Act 1995 provision is made for matters of routine evidence in criminal proceedings. These provisions operate so as to allow to be admitted into evidence certain routine matters by virtue of a certificate provided by an authorised expert. That means that if the accused person does not provide at least seven days’ notice of an intent to challenge the evidence prior to trial it is admitted without any further proof being necessary. Given that many prosecutions in this area may be at summary court level, requiring expert testimony in these cases as a matter of course would be unduly expensive, so these amendments will ensure that the new corrosive offences included in the Bill are subject to the existing matters of routine evidence provisions.
Amendments 57 and 58 will limit the new offence of possession of an offensive weapon in section 141(1A) of the Criminal Justice Act 1988 to possession “in private”. That is to prevent overlap with existing offences. In shorthand, the aim of clause 24 is to prohibit the possession in private of offensive weapons as defined by section 141 of the Criminal Justice Act 1988—for example, zombie knives. Amendments 57 and 58 clarify this to mean in private, because it is already against the law to possess any bladed article—which is obviously wider than the definition of offensive weapons—under section 139 of the 1988 Act.
The approach that we have taken to the new possession offence in the Bill is to mirror the defences that already applied to the manufacture, importation, sale and general supply of curved swords. The burden of proof for the defences that apply to the current legislation for manufacture and so on is to show that the defence applies. Therefore the burden of proof for the defences provided for the new possession offence in the Bill will also be to show that the defence applies. However, the burden of proof for the defence in relation to possession of an article with a blade in public is to prove, which is a higher burden, so to avoid inconsistency we are limiting the new possession offence in the Bill to places other than a public place. In this way, we will continue to rely on existing legislation for possession in public, and the new possession offence in the Bill will apply only in private.
I shall turn now to amendments 59 and 61, and to the Opposition’s amendment 22. Amendments 59 to 61 clarify the wording of clause 25 so as to include “religious reasons”, rather than “religious ceremonies”. I am grateful to the hon. Member for Birmingham, Edgbaston, the right hon. Member for Wolverhampton South East (Mr McFadden) and my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), who tabled amendment 22 and worked with me and my officials to get the law into a better place. This included facilitating discussions with representatives of the Sikh Federation last week, and it was a pleasure to meet them. We can now ensure that the Bill does not inadvertently prohibit the possession and supply of kirpans as part of the observance of the Sikh faith.
Ruth Cadbury (Brentford and Isleworth) (Lab)
I should like to thank the Minister for her response to the amendment on the possession of the kirpan, the religious sword that is used by Sikhs. My hon. Friend the Member for Feltham and Heston (Seema Malhotra) and I represent a large Sikh community, and they have been very concerned about the omission in the Bill. We would also like to congratulate the all-party parliamentary group for British Sikhs on the work that it has done, and we thank the Minister and the Secretary of State for their willingness to listen and to act on behalf of the Sikh community.
Victoria Atkins
I thank the hon. Lady for that intervention. I want to make it clear that it was never the Government’s intention to worry anyone or inadvertently to criminalise acts of faith in that way. I hope that the Sikh community and those who represent them understand that we did this with the very best of intentions.
Mr Pat McFadden (Wolverhampton South East) (Lab)
I should like to thank the Minister for the open, listening approach that she has taken in response to representations from myself, my hon. Friend the Member for Birmingham, Edgbaston (Preet Kaur Gill), the right hon. and learned Member for Beaconsfield (Mr Grieve), the Sikh Federation and others who have contacted her. Can she clarify that the effect of the Government amendments to the Bill will be to maintain the status quo as far as Sikh religious practice is concerned? That is all that the community were asking for throughout this process, and if that is what the amendments will do, I believe that they will be warmly welcomed.
Victoria Atkins
I am happy to confirm that. The original wording mirrored the wording used in existing legislation for offences in public, but we have of course understood that praying at home, for example, may not fall within the definition of ceremony. We do not want to leave any doubt or room for worry; we are amending the Bill to enable prayers and so on at home to continue.
Victoria Atkins
Of course. I am sure that everyone who works in this complex area has sympathy with the hon. Gentleman in wanting to clarify the point he raised in his earlier intervention.
As the Government have tabled amendments 59 to 61, I hope that the hon. Member for Birmingham, Edgbaston will not press amendment 22.
Victoria Atkins
I shall move on to new clause 1. The right hon. Member for Delyn (David Hanson) continues to raise the issue of the safety of retail staff, and I thank him for that. Indeed, I recently discussed that issue with him, and also with the head of the British Retail Consortium. Although the Government fully understand the concern of retailers and their staff about being threatened or attacked if they refuse to sell a corrosive product or bladed article to a member of the public, we do not believe that a new criminal offence as set out in new clauses 1 and 14 would provide additional protection or result in more people being prosecuted. The law already provides the police and Crown Prosecution Service with sufficient powers to prosecute this type of offending and provide protection to retail staff. A number of criminal offences are available to cover a wide range of unacceptable behaviour, including that described in the tabled amendments, ranging from abusive and threatening language to actual violent offences against the person. So, we submit that there is no gap.
Gloria De Piero (Ashfield) (Lab)
A group of women shopworkers came to see me because of regular threatening behaviour by a gang of youths. These women were afraid and fearful, especially when they had to work alone. We have an opportunity today to strengthen the law; it clearly needs strengthening. We should do so.
Victoria Atkins
I am extremely concerned to hear that, but I wonder why the local police are not using the powers already available to them, because if a gang is behaving like that, there are offences that would enable the police to deal with that threatening behaviour, and any violent acts.
The Sentencing Council has set out, in its definitive guideline on assault offences, that it is an “aggravating factor” for an offence to be committed against those who are either working in the public sector or providing a service to the public, and an offence against either group could result in a more severe sentence within the statutory maximum for the offence—and that includes retail and shop staff.
However, there is more to this than the shape of the legislation, as I am sure the right hon. Gentleman would agree. That is why, in October 2017, the National Police Chiefs Council—with the support of Home Office funding—launched the national business crime centre, a repository for good practice, standards and guidance for all business nationally. It also acts as a national alert and data feed service, to enable businesses to have more information regarding crime in their local area.
David Hanson
If all the Minister says is true, why has every retail organisation in the country, and the Union of Shop, Distributive and Allied Workers, argued in favour of new clause 1, which I shall be moving shortly?
Victoria Atkins
They are of course free to do so, but we have looked carefully at the law. However, I chair the national retail crime steering group, which brings retailers and police together to tackle retail crime, and I am happy to ask the police, in that forum, why retailers feel this way.
Lyn Brown (West Ham) (Lab)
If the Minister genuinely does not want to frustrate the content of new clause 1, could she not simply accept it given that there is genuine concern out there that, currently, the law does not go far enough?
Victoria Atkins
I know this will not meet with the approval of Opposition Members but, having looked very carefully at it, we have not been able to identify a gap in the law, which is why, regrettably, I cannot accept new clause 1. We encourage closer local partnerships between police and retailers so that better crime prevention measures are put in place, because that must be a factor. We want to ensure that local police respond effectively to reported crime.
Jim McMahon (Oldham West and Royton) (Lab/Co-op)
The reality on the ground, and USDAW and the Co-op Group have been clear about this, is that the police do not consider offences such as shoplifting, and all the things that go on around it, seriously enough even to turn up at a store to take a statement. It is a fact that shop workers at the tills are the ones enforcing the legislation that we pass. When we demand that identification is presented for alcohol and cigarette sales, and the like, it is those workers who are on the frontline in defending the legislation we pass. Surely they deserve our support, too.
Victoria Atkins
Of course, anyone working on the frontline deserves our support. The criminality the hon. Gentleman describes, such as shoplifting, is already enforced, so the discussion should be about local policing priorities. If he writes to me with particular instances in his constituency, I am very happy to raise it through the national retail crime steering group.
Victoria Atkins
A lot of Members are seeking to intervene, and I will give the hon. Member for Chesterfield (Toby Perkins) a chance.
Toby Perkins
The hon. Lady is very kind. She says that she will speak to her committee of retail representatives about why they feel this is necessary, but should she not have done that before rejecting the amendment? It is clear that they are saying it is necessary, so it is a little late for her to say she will vote against the amendment while saying she will start consulting on it.
Victoria Atkins
As part of our discussions—I not only include myself but Home Office officials—of course we talk about the safety of retail staff. As I said, I had a meeting very recently. It is not a question of just starting now; we are aware of these concerns. Of course, hon. Members voicing those concerns in the Chamber gives me and my officials more material to ask the National Police Chiefs Council what is happening on this and whether there is more that can and should be done at local level.
Jim McMahon
I appreciate the Minister’s courtesy in allowing me to come back. The reality is that serious violent crime, organised crime and online crime, and the protection of vulnerable groups, takes up a significant amount of police time. In Greater Manchester we have lost 2,000 frontline officers, so it is not right for the Government who have made those cuts and made that decision to put the pressure back on Greater Manchester police to maintain a police service with diminishing resources when crime is going up. It just is not correct. She has an opportunity to respond to the debate, to respond to new clause 1 and to show that we are sticking up for shop workers. It is not good enough to defer responsibility on this.
Victoria Atkins
Forgive me, but it is not a question of deferring responsibility. It is the responsibility of the local police and crime commissioner and the chief constable, under our system of policing, to decide local policing priorities. That is why we had the police and crime commissioner elections a couple of years ago.
The right hon. Member for Delyn (David Hanson) is assiduous in his parliamentary questions to me about retail crime, but if hon. Members have concerns that retailers and retail staff in their local area are not being looked after, I encourage them to take it up with their police and crime commissioner, because it really is their decision as to how local resources are prioritised.
Vernon Coaker (Gedling) (Lab)
Does the Minister not realise quite how this looks? Shop workers across the country—in every part of the country, every constituency and every region—the frontline workers, their union and the police are saying, “We do not need consultation; we need a change in the law to protect us.” What the Minister is saying, and I say this with respect, is that she and her officials know better. I say we should listen to what the shop workers of this country are telling us and mend the gap in the law.
Victoria Atkins
I do listen—I must disagree with the hon. Gentleman on that. The point I am making is that the laws that can protect shop workers are already in force, so it is not a question of making a new law because we hope that that will address the criminality, because those laws are already in place. There are public order offences, so where someone is rude or abusive, that is a criminal offence already. Our job here is to make law, but this is also sometimes about how it is applied on the ground, and that is what I am talking about. I am talking about saying to the NPCC and others, “What’s happening on these concerns colleagues are raising about how retail workers are being treated in their shops?” I know that this is an important issue, not only to Labour Members, but to my colleagues and to me. That is why if we can do nothing else, we should get the message out there that the law already exists to protect shop workers. We should focus on how that is pushed and put into effect.
Victoria Atkins
I am just about to move on to the next topic, but of course I will give way.
Susan Elan Jones
I am grateful to the Minister for that. Does she realise that many shop workers across the country are scared to death about all this? They are scared to death of knives being pulled on them. This is no longer just a problem in our inner cities; it goes right across the country. This is happening in rural areas and in small towns. My view is that we need to make the legislation as strong as possible, not just to protect the shop workers, but to send a message to people out there that this is a really serious issue.
Victoria Atkins
I completely agree that we need to communicate the fact that the behaviour the hon. Lady described is utterly unacceptable, but she has given the example of a knife being pulled on a shop worker and legislation is already in place to deal with that. Furthermore, the independent Sentencing Council, which sets the guidelines for the judiciary across the country, has said that in that scenario the fact that the knife was pulled on a person in their line of work can be an aggravating factor. So the law is already there and we just need to make sure it is being used as effectively as possible, not just by our police, but by our judiciary.
On the point about serious violence more generally, the hon. Lady will know that we published the serious violence strategy in April. It has marked a step change in how we tackle serious violence, because we acknowledge that serious violence is no longer restricted to our large urban centres and is spreading out across the country, particularly with the rise of county lines. She will know that one of the drivers behind this rise in serious violence is drugs—the drug markets. A great deal of work is being done just on that one stream to tackle that.
For example, a couple of weeks ago we held an international conference, drawing together law enforcement and public health officials from across the world to talk about the rise in serious violence, because this is happening not only in the UK, but in other countries. From that conference, which I was able to attend, although sadly just for a little while, we could see the lessons that we can learn from other policing experts across the world and from public health officials. That is also why the Home Secretary has announced recently that we are looking into a consultation on making tackling serious violence a public health duty for local authorities—all arms of the state. That goes further than the models in Scotland and in Wales, which are often rightly cited as good examples, because we want to look into whether having a public duty will help with the sharing of information and the working together. Those of us who served on the Public Bill Committee and those of us who take a particular interest in this topic know that these things do not always work as well as they should.
Vicky Foxcroft (Lewisham, Deptford) (Lab)
Interestingly, the Minister said that the Home Secretary has talked about adopting a public health approach—I believe that was at the Conservative party conference. Since then we have heard absolutely nothing in this Chamber about what is happening on the public health approach. I believe I have asked nine times in this Chamber when we will be getting a debate on this. I do not suppose the Minister would like to respond to that now.
Victoria Atkins
The hon. Lady asked me about this at the last Home Office orals and I said I would be delighted to debate with her. She has asked this in business questions, and my right hon. Friend the Leader of the House has written to me and to the Home Secretary. I am keen to have the debate, which I think is really important, and the Whip, my hon. Friend the Member for Chippenham (Michelle Donelan), has heard this exchange, so who knows what opportunities may be made available.
Victoria Atkins
I give way to the hon. Lady, whom I am tempted to call an hon. Friend because she and I have discussed this issue so often.
Lyn Brown
I am delighted that the Minister modelled this part of the Bill on my asks on acid crime. I know that she will have studied my 5 September speech really closely to see our other asks on this issue. When might she find the time to introduce a strategy to deal with the violent crime that is rising from the county lines experience across the country and that will literally join up all the cross-Government actions that have been taken to deal with it?
Victoria Atkins
I pay tribute to the hon. Lady and her constituency neighbour, the right hon. Member for—I am going to get this wrong—
Victoria Atkins
Thank you. She and the right hon. Member for East Ham (Stephen Timms) have done a great deal on not only county lines but on corrosive substance attacks. She will know that we now have the corrosive substance action plan, which is a voluntary commitment that we introduced at the beginning of the year to get all the major retailers on the right page when it comes to the sale of corrosive substances, because we knew that it would take time to introduce legislation in this place. I hope that she is pleased and satisfied with the Bill’s provisions on corrosive substances.
On county lines, the hon. Lady will know that we have announced the launch of the national co-ordination centre. It brings law enforcement together because, frankly, law enforcement has not been sharing information as well as it could throughout the country on the movement of these gangs of criminals, who exploit the distances between the major urban centres and rural and coastal areas, knowing that constabulary boundaries sometimes get in the way. The national co-ordination centre was launched in September and had an extraordinary week of action in which something like 500 arrests were made. If have got that figure wrong, I am sure I will be able to correct it in due course.
It is important to note that the co-ordination centre brings together not only law enforcement officials but those involved in looking after children—local authorities—because we know that the most vulnerable children have been targeted as they are attending pupil referral units or while they are living in care homes. We need to ensure that when the police go in and do a raid, we have social services there to pick up the children and start caring for them, to avoid their being re-trafficked. Indeed, I hope the fact that so many cases are now being prosecuted not only in the traditional manner, for conspiracy to supply class As, but using the Modern Slavery Act 2015, brings real stigma to those gangs that bizarrely and extraordinarily think that it is somehow okay to exploit children.
John Howell (Henley) (Con)
I hear what my hon. Friend says about the national co-ordination centre. From my experience talking to my local police force, I recognise that crime is interlinked. We can talk about drugs and we can talk about weapons, but they are interlinked issues, and they are interlinked with so many other things. We are asking the police to think holistically in how they look at these issues so that they can put into place a better strategy for dealing with these problems.
Victoria Atkins
That is very much the case. Indeed, in my previous career prosecuting serious organised crime, on occasions we prosecuted organised crime gangs for, for example, the importation of counterfeit cigarettes, because that is what we could get them on. We suspected that they were importing other things, because if they had the lines open to import one type of illicit material, it followed that they probably had the ability to important other illicit materials. Sadly, as we get better at identifying modern slavery, we know that that can also include people.
Let me turn to new clause 5, which deals with an important area that colleagues across the House have expressed interest in.
Richard Graham (Gloucester) (Con)
If I have understood correctly, the key thing that new clause 16 does is to fill a gap in the law to cover things that happen in private properties, such as the flat in lower Westgate Street in Gloucester, where one of my hapless constituents was murdered precisely because of an argument over drug selling receipts. Can the Minister confirm that police and others would have powers under new clause 16 to move much earlier against the sort of threat that might arise in that situation?
Victoria Atkins
Indeed, and I thank my hon. Friend for being kind enough to show me his great city only a few months ago. We met with senior police officers and others to discuss a number of issues relating to vulnerability, including the vulnerability of those being stalked. He brings to the Chamber his commitment to helping the most vulnerable in his constituency, and he has hit the nail on the head. Filling that gap to cover threatening behaviour in a private place makes it possible to address the sort of situation that he has described. Where gangs are in somebody’s home, perhaps at a party, and things turn nasty, the location of the person holding the knife changes under the current law depending on where they are in relation to the front door. The purpose of new clause 16 is to make it irrelevant whether their threatening behaviour takes place when they are standing on one side of the front door or the other.
New clause 5 concerns the secure display of bladed products. The hon. Member for Sheffield, Heeley, who tabled it, knows that I have taken great interest in this area. We have looked carefully at whether prohibition as set out in the new clause would address the concerns that she and others have rightly raised. Our concern is that the prohibition is a blanket requirement. I have looked into whether there are ways that we could make it more targeted, so that councils with a particular problem with knife crime can lay an order covering the display of bladed products in shops in their locality. What we are doing—not what we would like to do, but what we are in the process of doing—is encouraging much stronger voluntary action by retailers to take more robust measures on displays using a risk-based approach.
Louise Haigh
The Minister is absolutely right that new clause 5 would impose a blanket ban on retailers displaying bladed products, but the Government are proposing a blanket ban on the sale of bladed products to residential premises. Why is it one rule for online and another for face-to-face retailers?
Victoria Atkins
We are indeed introducing a blanket ban on the delivery of bladed products to homes, first because we know that test purchases online have not led to the sort of results that we have seen with retailers. We wanted to close that gap and make it clear to online retailers, some of which do not seem to understand that they currently are not allowed to sell bladed products to under-18s and should have robust measures in place to ensure that they do not. The Bill seeks to re-emphasise that, but we also want to ensure that the person picking up the knife has to go to a post office, delivery depot or local shop with such arrangements and show identification to establish that they are over 18. That is the purpose behind those measures.
We do not currently have evidence of the rate of shoplifting of knives by young people who go on to use them in crimes. That is part of the problem. As a first step, my officials are working with retailers to come up with a much stronger voluntary response, which we know retailers are responding to well, because, in fairness, the voluntary commitments have been working well.
Bob Stewart
When packages are delivered to post offices to be picked up, are they clearly marked, “This is a knife”, or does the post office official know that it is a knife so that it cannot be given to someone under the age of 18?
Victoria Atkins
The conditions in the Bill require those who are selling such products to make it clear on the packaging.
Victoria Atkins
Oh, gosh. I am going to try to finish my speech by 4.30 pm, so I will give way to the hon. Member for Redcar (Anna Turley) because she has tabled amendments to which I will not have time to speak.
Anna Turley
I appreciate the Minister’s generosity. I hope to speak to those amendments but if time eludes me, fair enough; that is why I want to raise this issue now. Have the Government done an impact assessment of the implications of these measures for online retailers? I speak on behalf of a constituent who runs a DIY shop, and thinks that the implications would be in the region of £30,000 if he was unable to sell wallpaper scrapers and specific DIY knives to residential addresses.
Victoria Atkins
The hon. Lady’s constituent will be able to sell the products. We are not banning the online sale of bladed products; we are making it clear that retailers have to conduct proper checks as to the age of the person to whom they are selling. They should be doing that at the moment anyway, and this legislation means that they will also have to package the items up as they do if they are selling online or at a distance. The point is that the package has to be labelled, and that it will then be kept at the post office or wherever before being picked up by a person with ID.
Mr Betts
Sheffield is obviously the home of knives in this country—knives for proper purposes. I visited Taylor’s Eye Witness, a firm in my constituency that manufactures and wholesales knives. As it is a wholesaler, 10% of its business is by post, passing things on through other retailers. It says that that aspect of its business is threatened by this legislation. Will the Minister consider amendment 9 in the name of my hon. Friend the Member for Sheffield Central (Paul Blomfield), suggesting a trusted trader scheme, to see whether the requirements of this measure could at least be reduced for trusted traders? This business employs 60 people, whose jobs could be at risk.
Victoria Atkins
Of course I acknowledge the great history of Sheffield as the centre of knife making in this country and, dare I say it, across the world. We have looked very carefully at the trusted trader amendments, but we believe they would introduce more bureaucracy for retailers, which is why we do not support them. This is simply a matter of conducting checks, and then the grown-up who is buying their kitchen knife going to a post office and showing their ID to prove that they are in compliance with the law.
Victoria Atkins
I will take one more intervention because I have promised that I will finish at 4.30 pm.
Alex Chalk
The Minister is extremely kind. Although I and, I dare say other hon. Members, can understand the public interests of this proposal entirely, retailers would want to be satisfied that there is a level playing field, so that overseas retailers importing knives into the UK are governed by the same rules, and that they are not going—if this is not too much of a pun—to undercut domestic suppliers.
Victoria Atkins
I am grateful to my hon. Friend because he has identified one of the problems with which we grappled in Committee. The Bill includes a clause specifically for overseas sales. The requirement is that any delivery company that enters into a contract with an overseas retailer or manufacturer must itself conduct the checks as to the age of the person to whom it is delivering. Arguably, the checks are more arduous on delivery drivers for overseas retailers than for UK-based retailers. He will understand that, if a retailer resides in China, there is very little we can do to require it to comply with these laws, but we have tried to address that point.
I hope and believe that the Bill addresses the concerns that have been raised about the sale and delivery of corrosive products, the possession of corrosive substances, the sale and delivery of knives and so on. I will listen with interest during the rest of this debate because hon. Members have tabled several interesting amendments. I hope that I have answered their concerns with regard to the amendments and new clauses I have spoken on thus far, but I may seek to address one or two amendments at a later stage if there are particular questions they would like me to answer.
Richard Graham
I rise to comment on two of the new clauses. First, my hon. Friend the Minister has spoken convincingly on new clause 16 and there is widespread agreement in the House that extending the Bill to cover private places, as well as public places, is important. To add to what I said earlier, several recent knife crimes in Gloucester have been committed in public places, most tragically one at the All Nations club, one outside the Pike and Musket pub and others, but, more recently, some have been committed very much in private places—in flats and properties—and I am delighted that new clause 16 covers those places.
New clause 1 was tabled by the right hon. Member for Delyn (David Hanson), and everyone in this House wants to see not just shop workers but everyone who engages with the public—including people who work in our railway and bus stations, who are often on the frontline against such antisocial behaviour—fully protected by the law against totally unnecessary behaviour by other members of the public.
It seems to me, and I stand to be corrected, that new clause 1 would apply only to the handling of corrosive substances or bladed instruments. Although that is a good thing, most shop workers want to know that if somebody intentionally obstructs them—in other words, if somebody acts in a threatening manner—that same behaviour would be a crime whether it is a bottle of beer, a bottle of whiskey or a bladed instrument. The new clause perhaps does not suit shop workers as well as it might, but I ask the Minister to consider taking it back to the Home Office for discussion to see what might be done about it.
Victoria Atkins
I hope my hon. Friend realises that I listened with great care to the speech of the right hon. Member for Delyn (David Hanson), and I agree that we want to ensure that our shop workers feel protected, as well as being protected, by the law. If I may, I will reflect further on new clause 1, and I invite the right hon. Gentleman, my hon. Friend the Member for Gloucester (Richard Graham) and organisations involved in the retail arena, including trade unions, to the Home Office for a roundtable so we can further discuss the concerns that have been raised this afternoon.
Richard Graham
I am very grateful to the Minister. That is a really good step forward, and I wonder whether the right hon. Member for Delyn would like to comment.
Sarah Jones
I rise to speak in support of new clause 6. I was pleased to serve on the Public Bill Committee, and I am glad to see the Bill finally coming back to the Floor of the House. My hon. Friend the Member for Gedling (Vernon Coaker) spoke passionately about why new clause 6 is so important. Simply put, it says that the Secretary of State must lay a report before Parliament on the causes of youth violence with offensive weapons. We are trying to fix a problem, and we have to understand what that problem is before we can fix it.
I want to make two points. The first is about data. We do not know where the people who commit these offences get their knives from. We do not know at what exact time of day these knife crimes are committed, although we have some evidence. We do not know how many people are involved in gangs who commit knife offences. That is really important, because a very small number—somewhere between 3% and 25%, depending on what we measure—of people who commit knife offences are in gangs. There is a lot that we do not understand about what is going on in this situation that we are trying to fix.
The second important part of the new clause relates to evidence. There is a growing consensus that there is an epidemic of violence—the Secretary of State has said it, and the Minister said it today. It is spreading out across the country. Violence breeds violence. There is evidence that can fix this growing national problem. We know from what has worked in other areas how effective interventions can be when they are evidence-based. I think of my friend, Tessa Jowell, whose memorial service you and I attended recently, Mr Speaker. Her interventions in introducing Sure Start and the teenage pregnancy reduction strategy were evidence-based and had a real impact. That is what we need to seek to do.
My final point is that when we look at the evidence, we need to look at the increasing number of children who are being excluded and finding themselves lost to the system. If we are trying to fix this national problem, why on earth would anyone want to vote against this new clause?
Victoria Atkins
I thank all Members for a most interesting and informative debate. I want to clarify a point made by the hon. Member for Belfast East (Gavin Robinson) about the applicability of measures on corrosive substances in Northern Ireland. Those measures are within scope for Northern Ireland. It is possible for them to extend to Northern Ireland, and I will ask officials to look into that with their Northern Irish colleagues.
I thank the right hon. Member for East Ham (Stephen Timms) for his contribution on new clause 23. Anyone who sells or hires, offers for sale or hire, exposes or has in his possession for the purpose of sale or hire anything contained in the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 is guilty of an offence. That applies to not only people but bodies corporate. Where the user of a website places advertisements for anything contained in the order on that website, the website service provider may be able to rely on the defence under regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002. Whether regulation 19 applies will depend on the facts of the case. There may well be jurisdictional issues if the service provider is based overseas. Regulation 19 does not apply where the provider of the website is offering the items for sale directly and where the provider had actual knowledge of the unlawful activity. We therefore consider that the provider of a website who sells items on it directly would be likely to be caught under the wording of the legislation. Where the provider of the website is enabling advertisements to be placed by others, the defence under regulation 19 may be available. That is an awful lot of legalese, but this discussion is timely, as the Government prepare the online harms White Paper.
I turn to amendments 8, 9 and 10, tabled by the hon. Member for Sheffield Central (Paul Blomfield). Age verification checks cannot be done only at the point when the seller is processing the sale and preparing the item to be dispatched. Checks also need to be done when the item is handed to the purchaser. That is why we are stopping bladed products—namely, articles with a blade capable of causing serious injury—from being delivered to residential addresses. The amendments would undermine what the Bill is trying to achieve and seem to introduce some sort of validation scheme by the Government to enable certain online sellers—those awarded trusted seller status—to deliver bladed products to residential addresses. That goes against what the Bill seeks.
Victoria Atkins
I am conscious of the time, so I will not. I am always happy to meet the hon. Gentleman, but it is important to make it clear that we do not believe his amendments fit in with the overall structure of the Bill.
Finally, on new clause 6, we published the serious violence strategy this year, which already takes a public health approach, stressing the importance of early intervention and prevention through a multi-agency approach to tackle the root causes. We appreciate the need to keep parliamentarians informed of progress on delivery of the strategy, but we do not believe that a statutory requirement is necessary. We believe that scrutiny will be provided by the serious violence taskforce and the House, and we hope that the House can contribute its views on this very important piece of legislation.
Mr Deputy Speaker (Sir Lindsay Hoyle)
I can now inform the House that the Speaker has completed certification of the Bill, as required by the Standing Order. Copies of the final certificate will be made available in the Vote Office and on the parliamentary website.
Under Standing Order No. 83M, a consent motion is therefore required for the Bill to proceed. Copies of the motion are available in the Vote Office and on the parliamentary website and have been made available to Members in the Chamber. Does the Minister intend to move the consent motion?
Amanda Milling (Cannock Chase) (Con)
indicated assent.
The House forthwith resolved itself into the Legislative Grand Committee (England and Wales) (Standing Order No. 83M).
[Sir Lindsay Hoyle in the Chair ]
The Secretary of State for the Home Department (Sajid Javid)
I beg to move, that the Bill be now read the Third time.
As the House is all too aware, we have seen a rise in violent crime, including knife crime and homicides, in recent years. That is why there is an urgent need for us to tackle the whole issue of serious violence and see what more we can do. I know that Members across the House will agree that we must do all we can to try to put an end to the bloodshed on our streets, and we must do everything in our power to try to bring more perpetrators to justice. I believe that the Offensive Weapons Bill is an incredibly important part of our response. It provides additional powers for the police to tackle serious violence. It will prevent the sale of corrosive products to young people, and make it a crime to possess corrosive products in public with no good reason. It will make it harder for young people to purchase deadly weapons, and make the possession of knuckle dusters, zombie knives and death stars illegal, even in private premises. Sellers will be required by law to impose vigorous age verification measures to prove that anyone purchasing blades or corrosives is over the age of 18, or they will face prosecution.
Simply put, the Offensive Weapons Bill is all about preventing young people from getting their hands on dangerous weapons such as knives and acid, and causing irreparable damage.
The Bill has of course, as many Bills do, raised some tricky issues. We recognise, for instance, that knives, corrosives and firearms are not in themselves offensive weapons, and that they have many lawful and legitimate uses in people’s everyday lives. That means that a balance needs to be struck between protecting the public and ensuring that legitimate activities are in no way unduly affected. I believe that the Bill strikes the right balance.
We have made some important changes to the Bill after debate. So, for example, we have made it an offence to threaten someone with an offensive weapon in private as well as in public, and I thank my hon. Friend the Member for Shipley (Philip Davies) for first suggesting such a change and then helping us to work that through. We have also ensured that our museums are able to continue to keep important examples of historic knives in their collections, and we have made changes to reflect the different legal system in Scotland.
We have also addressed the concerns raised by the Sikh community, and by the hon. Member for Birmingham, Edgbaston (Preet Kaur Gill), who I was pleased to meet to discuss the issue regarding the private and public ownership of kirpans.
During the Bill’s progress, a number of important points have been raised on firearms, which we think merit further consideration. I thank my hon. Friend the Member for The Cotswolds (Sir Geoffrey Clifton-Brown) for his work on this matter. I will be looking to launch a public consultation to consider those issues in further detail.
Ultimately, I urge Members to focus on the important changes that this Bill will bring about, and I am in no doubt that the Bill is key to tackling violent crime. The public rightly want violent crime to be dealt with properly and to be dealt with urgently. They want to feel that their neighbourhoods and their children are safe, and this Bill will help to ensure just that.
I commend the Bill to the House.
Victoria Atkins
It is now my challenge not to talk out the Bill.
It is a pleasure for me to close the Third Reading debate on this important Bill. As my right hon. Friend the Home Secretary said, the measures in it will prevent young people from accessing dangerous weapons such as knives and acid and causing irreparable damage with them, not only to the lives of others but to their own lives.
I am genuinely grateful to all right hon. and hon. Members from all parties—particularly those from Northern Ireland—for their valuable contributions and for the debates that we have had on the Bill. We have had a series of constructive debates, and at times like this the House is at its best, so I thank hon. Friends and colleagues for their contributions.
Particular thanks must go to my hon. Friends who served on the Bill Committee and scrutinised the Bill line by line. It was an absolute pleasure to serve with them in doing that important work. I also thank the Parliamentary Private Secretaries. We do not often get the chance to thank them, but they are the ones who make sure that the political wheels run smoothly. Of course, I also thank the officials, who have done an incredible amount of work on the Bill. [Interruption.] I am being prompted, but I had made a note, so now that I have finished thanking the officials I thank the Whip, the Lord Commissioner of Her Majesty’s Treasury, my hon. Friend the Member for Blackpool North and Cleveleys (Paul Maynard), because I know which side my bread is buttered. I also thank those in the Whips Office for their hard work on the Bill. Every time that we excited and enthusiastic Ministers put policies and legislation before the House, it is the Whips Office that has to deliver it, and I am extremely grateful for the help I have had on this Bill.
I extend my thanks to the hon. Member for Sheffield, Heeley (Louise Haigh), the right hon. Member for East Ham (Stephen Timms) and the hon. Member for Lewisham, Deptford (Vicky Foxcroft) for their contributions, not only today but in Committee, and for the constant attention that they pay to this really important issue. I hope that the hon. Member for Lewisham, Deptford will keep pressing her case for a debate at tomorrow’s business questions.
I also thank the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) for his perspective in the debates. It has been a pleasure to work with him and, indeed, the Scottish Government on the Bill.
Let me end this Third Reading debate by drawing the thoughts of the House back to the people whom the Bill is intended to help and protect. I thank every single victim of knife crime and corrosive-substance attacks, as well as every family member who has been affected, sometimes devastatingly, by serious violence. It is for those people that we put the Bill and the other measures in the serious violence strategy at the forefront of our thoughts, as well as for the communities that we all represent, who really do want us to ensure that our laws are up to date and that we have in place the strategy to keep our country safe.
On that note, it is my absolute pleasure to send this Bill elsewhere. I hope that it goes with the best wishes and best intentions not only of every colleague present, but of the victims whom we seek to serve and represent.
Question put and agreed to.
Bill accordingly read the Third time and passed.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
On a point of order, Mr Deputy Speaker. The Speaker has ruled several times that the convention of Members notifying other Members before visiting their constituencies applies to Ministers on official visits. I was deeply disappointed today to find out that the Scottish Secretary and the Prime Minister no less have visited Bridge of Weir in my constituency and that I have yet to receive a notification. The Scottish Secretary found time to tweet about his visit to Bridge of Weir just over two hours ago, to which I replied, asking for notification. He has not complied with that request. Clearly, paragraph 10.10 of the “Ministerial Code” applies in this case.
The sad thing is that the Prime Minister said earlier in answer to my question at Prime Minister’s questions that she knew nothing about Home Energy and Lifestyle Management Systems’ green deal mis-selling, which affects hundreds of people in my constituency. Had I been made aware of the visit, I could have scheduled meetings with the constituents affected, at which she could have learned a lot more about this terrible issue. Can you advise me, Mr Deputy Speaker, what recourse I have when the ministerial code is broken and Ministers fail through their answers in their obligations to Members and this House?
Monday 7th January 2019
(5 years, 11 months ago)
Lords ChamberOffensive Weapons Act 2019 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 28 November 2018 - (28 Nov 2018)
This text is a record of ministerial contributions to a debate held as part of the Offensive Weapons Act 2019 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, in the last few years we have seen a very concerning rise in the number of serious violent crimes in the UK. This includes an ongoing rise in knife crime, as well as the emergence of acid attacks.
Such horrific crimes seem to be increasing in not only their frequency but their severity, with ever-worse injuries for victims who are increasingly younger and younger. Tragically, the rise in knife crime has contributed to an increasing number of homicides, and the House will be aware of the tragic event last Friday where a father was fatally stabbed on a train from Guildford to London. I am sure the whole House will join me in offering our sympathy to the victim’s family and friends.
Violent crime can have a devastating effect on communities and can blight the lives of young people. In 2018, 134 homicides were recorded in the Metropolitan Police area, 79 of which involved knives. The Offensive Weapons Bill is born out of the necessity to tackle this serious issue. Violent crime must be reduced and its perpetrators brought to justice. Tackling serious violence will require a united approach from the Government, working with key partners on the ground, be they police officers, parents, teachers or charities. That collaborative approach is at the heart of the Government’s Serious Violence Strategy, which was published in April 2018. The strategy sets out a comprehensive programme of action and looks to multiagency working to deliver real results on our streets and in our communities. A crucial part is its focus on early intervention and prevention to stop young people getting involved in violent crime in the first place. We have established a serious violence task force to oversee this work, which consists of members of the police and community groups, the Mayor of London and government departments.
The Bill is a key part of the Government’s response to serious violent crime and will create new offences as well as provide additional powers for the police. Legislation alone can never be the complete answer to such complex problems, but it is an important component of the wider government response to serious violent crime. The Bill covers three main areas: acid attacks, knife crime and the risks posed by firearms. On all of these areas we have engaged widely through consultation and close collaboration with the police and other interested parties, to make sure that we are providing the powers that they need. The measures contained in the Bill aim to stop under-18s getting hold of particularly dangerous acids and purchasing knives online, and will give the police the powers they need to take action when people are in possession of dangerous weapons in private.
Acid attacks have life-altering consequences and there are no reasons why industrial strength corrosives should be sold to under-18s. The Bill will ban the sale of highly corrosive products to under-18s, both in stores and online. It will also make it an offence to possess a corrosive substance in public without a good reason, which will enable the police to directly tackle the issue on the streets, extending their powers to perform stop and search for the confiscation of corrosives.
The sale of knives to under-18s is already illegal, but too often knives are still finding their way into the hands of young people, with tragic consequences. In particular, it is too easy for under-18s to acquire knives from online retailers, including those operating overseas. The Bill will mean that online sellers in the UK need to meet certain conditions when they sell knives online. It will also prohibit the delivery of bladed products to a residential premise or locker. We are making it an offence for a delivery company in the UK to knowingly deliver knives to a person under the age of 18 where these have been bought online from a seller overseas.
The Bill makes it an offence to possess certain offensive weapons in private. This will mean that the police can act on intelligence concerning people possessing shocking weapons such as zombie knives and knuckledusters, designed only for violent purposes. It also extends to further education premises the current ban on possession and threatening with bladed articles and offensive weapons in schools, and makes it an offence to threaten with an offensive weapon in private.
Turning to firearms, the Bill bans the possession of rapid-firing firearms, as well as bump stocks, which have been specifically designed to circumvent existing prohibitions and are often marketed as such. Due to their higher rate of fire, these weapons pose a heightened risk to the public if they were to fall into the wrong hands.
There has been much debate in the progress of this Bill on the prohibition of high-power rifles. This has been shown to be a particularly complex issue requiring further consideration before we proceed with legislation. It is for this reason that the House of Commons removed from the Bill the clause prohibiting such weapons. However, the Government are committed to further public consultation on this issue, including with the law enforcement agencies and the target-shooting community. I am sure that noble Lords will also want to debate this issue and I welcome the contribution that they will bring to our further consideration of the appropriate regulation for these weapons.
The public want violent crime to be dealt with now, and rightly so. This Bill will help to do that—I therefore commend it to the House.
Viscount Younger of Leckie (Con)
My Lords, I have just been given notice that the health Statement has now started in the Commons. We have a difficult decision to make. With the will of the House, we will continue the debate and finish it.
Viscount Younger of Leckie
I see. We will continue with the Urgent Question then hear the Statement after that.
Monday 7th January 2019
(5 years, 11 months ago)
Lords ChamberOffensive Weapons Act 2019 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 28 November 2018 - (28 Nov 2018)
This text is a record of ministerial contributions to a debate held as part of the Offensive Weapons Act 2019 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, I thank all noble Lords who have taken part in what has been quite a wide-ranging debate on an extremely serious subject, certainly in the shadow of the death of Mr Pomeroy only the other day. Of course, noble Lords have mentioned Dunblane and Hungerford. All noble Lords will never forget those times.
The noble Baroness, Lady Hamwee, made a very important point during her speech that this is not just about legislation, which goes to the heart of some of the frustration felt by noble Lords when they think that this or that should be in the Bill. As she said, we cannot solve this just by legislation. There has been work on county lines and the serious violence strategy, which I will mention shortly, on prevention, early intervention, and of course the all-important multiagency work that my noble friend Lady Couttie mentioned.
The noble Lord, Lord Tunnicliffe, and the noble Baroness, Lady Hamwee, talked about the consultation on the public health duty. That is at the heart of the Home Secretary’s approach. We have already started working with Scottish officials to develop learning from their public health approach. The Home Secretary chairs the cross-party, cross-stakeholder serious violence task force, together with the Mayor of London. There will be a consultation on the new legal duty that will underpin the public health approach to tackling serious violence. The Government will launch that consultation shortly. This approach is not before time, as many noble Lords mentioned.
A number of noble Lords questioned the legal certainty around the terms of the new offences provided for in the Bill, a point also raised by the JCHR, of which the noble Baroness, Lady Hamwee, is a member. Possession of corrosives in a public place requires a different approach from the sale of corrosives to under-18s. For the sale of corrosives, we have taken the approach of listing the specific chemicals in Schedule 1. However, for possession of corrosives in a public place an approach is needed that can be used operationally by the police. That is why Clause 6(9) defines a corrosive as,
“capable of burning human skin by corrosion”.
This definition would not capture most household cleaning products, as the noble Lord, Lord Paddick, posits, but it would cover some stronger drain cleaners and industrial cleaning agents.
The noble Lord, Lord Ramsbotham asked about the Schedule 1 list and the difference of approach we have taken to defining a corrosive product for prohibiting the sale of corrosives to under-18s and a corrosive substance for the purposes of possessing a corrosive. For the sale offence, manufacturers and retailers need absolute clarity over what they can and cannot sell, so we have listed the specific chemicals and concentration levels in Schedule 1. The relevant products will be barcoded—I hope that that answers the question from the noble Baroness, Lady Hamwee—to help retailers avoid selling them to children. For the possession offence, we need a simpler definition that police can use on the ground because, of course, they are not chemists. We have used a definition based on the burning of human skin that can be tested by the police using a simple kit that is currently being developed, which I hope goes to the point made by my noble friend Lord Lucas.
The noble Lord, Lord Ramsbotham, asked about car batteries. We are aware of the potential issue relating to sealed batteries used in cars and mobility scooters. We are looking at this further. I am sure we will return to it in further stages. Our intention is certainly not to cause unintended problems from the measures in the Bill on legitimate activities. The Bill is aimed at tackling violent crime, not restricting legitimate business.
My noble friend Lord Lucas asked why we have not provided a full list of banned corrosives. The corrosive products in Schedule 1 reflect the advice of the police and the government scientists. They are substances that are most likely to be used in acid attacks. The concentration levels reflect those that are likely to cause permanent damage if used in an attack. There is a delegated power to add further substances to Schedule 1 if further evidence shows that it is required.
The noble Earl, Lord Listowel, talked about raising the age to 21, rather than 18, for age-restricted products such as corrosives and knives. The current universal age of a child is someone until the age of 18. Placing the age restriction on measures on corrosives in the Bill would set a precedent for other age-restricted products such as knives and alcohol. We need to consider proportionality. Knives and corrosives are not in themselves weapons. They have many legitimate uses. It would be wrong to say that an adult cannot buy drain cleaner or, indeed, a bread knife. A better approach is to challenge those who might look under the age of 21. This is something that responsible retailers already do.
The noble Lord, Lord Paddick, talked about the good reason defence for the purposes of Clause 6. The good reason defence has existed for some time for bladed and pointed articles and has been operated by the police with no issues. A good reason would include taking the corrosive home for its intended purpose, or use in the course of employment or academic study. As I said before, we do not expect the police to challenge shoppers as they leave supermarkets. It is intended to tackle those who have serious violent intent, acting on intelligence and reasonable suspicion.
The noble Lord also raised the issue of stop-and-search powers. As he will be aware, if an officer has reasonable grounds to suspect someone of carrying a prohibited article, such as a corrosive substance, with the intent to cause injury, the police already have the power to conduct a stop and search under PACE 1984. We have been consulting on extending stop and search to ensure that there are no gaps in police powers. Police officers will still need reasonable grounds to justify the use of these powers for the new offence.
The noble Baroness, Lady Hamwee, and another noble Lord asked about acid testing kits. We have jointly commissioned the Defence Science and Technology Laboratory, along with the NPCC, to develop an effective and robust testing regime which will allow police officers to be able to safely test suspect containers and bottles for corrosive substances. It is our intention to have a viable testing kit available to the police before the provisions on the new possession offence are commenced. My noble friend Lady Eaton made the very sensible point that the testing kit needs to be cost effective. Of course it does.
The noble Baroness, Lady Hamwee, asked about labelling, alongside the issue of barcoding. We considered labelling of corrosive products but chemical manufacturers were opposed to this. Their products are sold internationally and having specific labelling for the UK market would have been expensive. However, I know from personal experience that certain products are already labelled, particularly those that contain substances which can prove to be corrosive in their more concentrated form.
There was a lot of discussion on .50 calibre rifles. The noble Lords, Lord Paddick, Lord Robertson of Port Ellen, Lord Tunnicliffe and Lord Ramsbotham, all questioned the removal from the Bill of the prohibition of high-power rifles, although this change to the Bill was welcomed by my noble friend Lord Shrewsbury. I assure all noble Lords on both sides of the argument that we have looked into these issues in great detail. It is apparent that they are more complex than they at first appeared, as the noble Lord, Lord Bilimoria, and my noble friend Lord Caithness pointed out. This issue requires further careful consideration before deciding how best to proceed. We therefore feel that it is only right to consider the issue further in consultation with interested parties. In answer to the question from the noble Lord, Lord Ramsbotham, that will be in the next few months and probably after the passage of the Bill. In the interim, it would be wrong to pre-empt the outcome of that work by including a ban on these weapons in the Bill.
My noble friend Lord Caithness talked about taking up the APPG suggestions. I shall certainly look at those before Committee. My noble friend Lord Attlee has put forward a helpful proposal. We welcome all these ideas and will consider this further as part of the wider consultation.
The noble Lord, Lord Robertson of Port Ellen, and my noble friend Lord Robathan talked about Northern Ireland and the fact that some of the firearms used there are still not banned. We did consult fully, but the consultation options were limited to whether or not to prohibit them, not whether enhanced security, as has been suggested for the .50 calibre rifles, would be a factor in mitigating any threats raised by law enforcement. Public safety is our number one priority. In response to the points made on the security of such weapons, I can say that we expect owners to continue to take all reasonable security measures and ensure that the relevant level of security is in place, under existing firearm certificates.
There was a lot of support for shop workers and I totally understand where that point is coming from. The noble Lords, Lord Tunnicliffe and Lord Kennedy, and my noble friend Lord Lucas pointed out that shop workers are not only under strain but are intimidated by some customers. They asked how we can afford greater protection to those workers. The Government continue to consider the case for a bespoke offence relating to assaults on retail staff. In answer to the noble Baroness, Lady Hamwee, I can say that last month my ministerial colleague the Parliamentary Under-Secretary for Crime hosted a round-table meeting attended by David Hanson MP, Richard Graham MP and representatives from the British Retail Consortium, the Union of Shop, Distributive and Allied Workers and the National Federation of Retail Newsagents. It was a very productive meeting and we are currently considering how best to proceed.
My noble friends Lord Shrewsbury and Lord Lucas and the noble Lord, Lord Bilimoria, talked about manually activated release system rifles, or MARS as they are more commonly known. The firing systems in these weapons means that they can discharge rounds at a much faster rate than conventional bolt-action rifles. There are, no doubt, some shooters who can manipulate a bolt-action rifle very quickly, but we cannot ignore the fact that these MARS and lever release rifles are closer to self-loading rifles, which are already prohibited in civilian ownership. We have sought to point out, in the public consultation and subsequently, that potential misuse of these rifles presents an unacceptable risk. It is therefore appropriate that they should be subject to the most stringent controls. If individual owners wish to convert their rifles to a straight-pull action or to have them deactivated before the Bill passes into law, as my noble friend suggested, they will have that choice. If not, I can confirm that we will make arrangements for compensation to be paid to owners who choose to surrender their rifles instead. We will return to the subject of an amnesty and discuss it further in Committee.
My noble friend Lord Shrewsbury and other noble Lords raised the issue of air weapons and the need for consultation ahead of any action in relation to them. The Minister for Policing and the Fire Service announced a review of the regulation of air weapons in October 2017, following the coroner’s report into the tragic death of Benjamin Wragge, a 13 year-old boy who was shot accidentally with an air weapon in 2016. The Government recognise that there are very strong views on the regulation of air weapons. As the Minister for Crime, Safeguarding and Vulnerability said in Committee in another place, it is our intention to announce the outcome of that review shortly.
My noble friend also made a number of valuable points in relation to the medical suitability of firearms certificate holders. My noble friend Lord Bethell talked about modernising the processes for obtaining firearms licences, so that we can continue to command the public’s trust in the efficacy of the system. I assure my noble friend that the Government and the police, who administer firearms licensing, see the need to make progress in modernising the existing arrangements. As a step towards this, legislation was introduced at the end of 2017 to allow for the electronic submission of firearms and shotgun applications to the police. These changes were introduced to help pave the way for online processes and they mean that individual police forces can now accept applications electronically if they wish to do so. This is very much a first step, but it will help both the police and individual licence holders to begin to benefit from the efficiencies that digitisation will bring.
My noble friend also raised the issue of prosecution in relation to offences involving corrosive substances. I take his point about the need to do more to ensure that all offenders who use a corrosive substance are brought to justice: that is why the NPCC has been working hard to ensure that the policing response is effective and that training is developed for officers dealing with these attacks, including new first responder training and advice. Special investigative guidance has also been developed to help officers understand how to safely recover and handle any evidence at the scene, and the evidence required to build a case for prosecution. A number of high-profile court cases over the course of 2018 resulted in successful convictions and lengthy custodial sentences. That has sent a clear message that these horrendous attacks will not be tolerated. We think that sentences act as a deterrent.
The noble Earl, Lord Listowel, the noble Lord, Lord Ramsbotham, and the noble Baroness, Lady Hamwee, talked about sentences. The noble Lord, Lord Ramsbotham, and the noble Earl, Lord Listowel, talked about minimum mandatory sentences. The minimum mandatory sentence that applies in England and Wales for the offence of possessing a corrosive substance in a public place mirrors that which already exists for possession of a bladed article in public. We believe that corrosives should be treated as seriously as knives as a weapon, particularly for repeat offences. Under Clause 8 the court will have the flexibility not to impose a minimum sentence where it would be unjust to do so.
My noble friend Lord Bethell asked how measures in the Bill on corrosives will lead to successful convictions. We will be working closely with police and trading standards on the implementation of measures prohibiting the sale and delivery of corrosive products to under-18s and prohibiting the delivery of corrosive products to residential premises. This will include developing guidance to ensure that the new offences can be effectively enforced. In addition, we will look to work with retailers, through relevant trade associations, on the implementation of these measures, to ensure that retailers know which corrosive products are caught by this and that they will need to apply their Challenge 21 and Challenge 25 policies where appropriate. We have already put in place a set of voluntary commitments on the responsible sale of corrosive substances. These prohibit sales to under-18s, and a number of major retailers have signed up to them.
My noble friend also spoke about the need for prevention and early intervention, as did I. This goes to the heart of our efforts to tackle this terrible problem. I reassure my noble friend that we will use the research findings that we have commissioned to help us shape effective prevention and early intervention programmes that can be delivered in various settings, whether that is in schools, pupil referral units or youth projects. The noble Lord, Lord Tunnicliffe, asked why the Bill does not cover the threat of fake acid attacks. Actually, threatening with an inert substance such as water which the person claims is acid is already an offence that can be prosecuted as common assault or as a public order offence.
I know I am running out of time, but I will address the point raised by the noble Lord, Lord Singh, about kirpans. What is now Clause 25 provides for a defence for the purpose of “religious reasons”, as opposed to the original wording, “religious ceremonies”. This ensures that the possession in private of large kirpans for religious reasons can continue, even when not in the context of a ceremony such as a wedding. It does not extend to the gifting of ceremonial swords with a blade of more than 50 centimetres in length, but I would be happy to meet the noble Lord, Lord Singh, ahead of Committee.
I shall finish by talking about police numbers, because a lot of questions were asked about this. The noble Lord, Lord Kennedy, made a point about the noble Lord, Lord Blair, and I am now going to make a point about the noble Lord, Lord Hogan-Howe. That points to the fact that the issue is complex: I am not saying that the police are not under strain, but of course other factors, such as the increase in drugs markets, have contributed to the rise in serious violence. Of course, overall public investment in policing will grow from £11.9 billion in 2015-16 to £13 billion in 2018-19.
Finally, I pay tribute to my noble friend Lady Newlove, not only for all she has done to support victims but for some of the things she has been able to share with us today from her very tragic experience. I know that she is meeting my officials shortly. She has made every articulate point, as has the noble Lord, Lord Tunnicliffe, about the importance of support for victims. The Government are putting victims and survivors at the heart of our response. We want victims to feel confident in coming forward, so that the perpetrators of these crimes can be brought to justice.
Lord Kennedy of Southwark
Before the noble Baroness sits down, will she go back to her point about .50 calibre weapons? She said that this is very important and serious and that the Government want to consult properly and do not want to ban things before they have had a consultation. I see that train of thought—but she then said that the consultation will finish after we have considered the Bill. What will happen if the Government then decide to ban the weapons? Do we then need further legislation or is there a power in here that the Government could take? Perhaps she can come back to me on that.
Baroness Williams of Trafford
That is a very fair point and I will come back to the noble Lord about just how that process will work.
If the House will indulge me for another minute, the noble Lords, Lord Tunnicliffe, Lord Storey and Lord Paddick, my noble friend Lady Couttie and others all talked about early intervention and prevention, and the balance between prevention and law enforcement. I have to disagree with the noble Lord, Lord Paddick, who said we are not funding some of the early interventions. We are providing £17.7 million over the next two years through the Early Intervention Youth Fund, about which I have spoken in this House. We also support early intervention and prevention through the new rounds of the Anti-Knife Crime Community Fund for 2018-19 and 2019-20. The fund for 2018-19 was recently increased to £1.5 million, which has funded 68 projects. Our continued focus on a multiagency approach is absolutely the right one to tackling serious violence. I shall leave it there. I will write to noble Lords about the higher education point, the definition of a bladed product, the points made by my noble friend the Duke of Montrose and of course the Commonwealth Games, which I will take back.
The Earl of Listowel
Will the noble Baroness write to me about the future of youth work as a career—one which is stable over time and which does not face huge funding cuts every time there is a financial downturn? I welcome what she said about the large investment in the Early Intervention Youth Fund, but a secure career for youth workers would be such a boon in this area for the future.
Baroness Williams of Trafford
That is probably beyond my purview, but I will certainly refer it to either DCMS or MHCLG, as it is now called. On that note, I commend the Bill to the House.
Monday 28th January 2019
(5 years, 10 months ago)
Grand CommitteeOffensive Weapons Act 2019 Read Hansard Text Amendment Paper: HL Bill 149-II Second marshalled list for Grand Committee (PDF) - (28 Jan 2019)
This text is a record of ministerial contributions to a debate held as part of the Offensive Weapons Act 2019 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Lord Tunnicliffe
My Lords, the Opposition are generally in favour of this Bill, but I find the arguments of the noble Lord, Lord Paddick, somewhat persuasive. I particularly like the way the noble and learned Lord, Lord Judge, put things in the general perspective of law. Even little deviations from sound general principles are a bad thing, so I hope the Minister will not reject this out of hand but will ponder this set of amendments. The only area I am slightly unsure about—the noble Lord, Lord Paddick, or the Minister may want to address this—is the argument that the defence has to be proved beyond reasonable doubt. My understanding was that there was a general piece of law that said that defences have to be proved only on balance of probability. It is important to know which of those tests the defence has to meet.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, I thank noble Lords for their points and the noble Lord, Lord Paddick, for tabling these amendments. As he explained, they address the construction of the new offences relating to the sale of corrosive products to under-18s, the prohibition on sending corrosive products to residential premises when bought online and the possession of a corrosive substance in a public place. The noble Lord’s basic premise is that it is unjust that a person who took all reasonable precautions and exercised all due diligence to avoid committing the sale or delivery should be guilty of the offence, rather than having to rely on the permitted defence to establish his or her innocence. The same principled objection applies to the possession offence and the person who has a reasonable excuse for having a corrosive substance with them in a public place.
As the noble Lord, Lord Paddick, said, this has echoes of the recent debates we had on the Counter-Terrorism and Border Security Bill. However, as my noble friend Lord Howe indicated in that context, we are not persuaded that whichever way these offences are constructed will make much material difference to a suspect or how the police go about an investigation.
In relation to the sale offence and the offence of sending corrosive products to a residential premises, I think it is quite right that it should be for the seller to prove that they took reasonable precautions to avoid the commission of these offences. The seller will clearly know what checks they carried out to stop a sale to a person under the age of 18. In the shop context, they will know whether they asked the buyer in appropriate cases to verify their age, which will normally consist of asking them to produce a passport, a driving licence or an age proof card. In the online case, it is important that the seller has put in place some arrangement for checking the buyer’s age. Clearly where a seller has shown that they have verified age, no prosecution will take place.
In answer to the question asked by the noble and learned Lord, Lord Judge, about the normal principles of criminal law, the Bill reflects knife crime legalisation going back at least to the Criminal Justice Act 1988. His point about consistency is important, but I can point to other examples in other areas of law.
Going back to sellers, it is important that they take responsibility in this area and it is right that they have to prove what checks they have made rather than placing the burden on the prosecution. That is what happens in relation to other age-related sales, such as knives, alcohol and tobacco, and the approach is well understood by retailers, trading standards and the police.
Similarly, with the offence on arranging delivery to a residential premises or locker when a corrosive product is bought online, it should be for the seller to ensure that they are not sending the product to a residential address and to make sure they have the appropriate checks in place to stop this happening. The seller should be able to do this easily, and I can see no benefit in placing the burden on the prosecution to prove that the seller made the appropriate checks.
In the possession offence, as I have said before—for example, on the Counter-Terrorism and Border Security Bill—the police on the ground will use intelligence to decide whether someone may be in possession of a corrosive substance without good reason. They will not stop people coming out of B&Q with their cleaning products and question them, just as they do not stop people coming out of B&Q with garden shears and scissors. The police will use this power only where they have reasonable grounds for suspecting the person has a corrosive substance on them in a public place without good reason—for example, where a group of young people may be carrying a corrosive that has been decanted into another container. Establishing good reason on the street should be relatively easy. If a person can show they have just bought the cleaner and are taking it home to unblock their drains or that they are a plumber and need the substance as part of their work, good reason will have been established and no further action would be taken. It is only where a person cannot provide a good reason—for example, for why they have decanted the substance into another container that will make it more easily squirtable, or where they cannot say where they bought the substance or what they intend to use it for—that further action may be taken, and in this case it is quite right that the person should have to set out any good reason why they had the substance in a public place.
That aside, and returning to the point made by the noble and learned Lord, Lord Judge, it is important that we have consistency across similar offences. I have just explained the sale and possession of knives. We think that corrosives have the potential to be used as a weapon just as much as knives and that wherever possible the legislation dealing with the two should be consistent. Both corrosives and knives are widely available and have legitimate uses—they are not in and of themselves weapons—and to have a different approach for corrosives would suggest that they are somehow less of a threat as a weapon.
Retailers are familiar with the existing law relating to the sale of other age-related products and know what measures they need to put in place to ensure they comply with the law. It could be confusing to retailers if we now constructed these offences differently. The police are also familiar with the approach relating to possession and we are not aware that the good reason defence has caused any issues regarding possession of a bladed article in a public place.
On the question from the noble Lord, Lord Tunnicliffe, on the standard of proof, I can confirm that if a defence is raised, the defendant has only to prove that the defence is made out on the balance of probabilities. There was a question on Scotland: obviously it has a separate legal jurisdiction with its own sentencing framework. The Bill’s provisions work with the grain of the existing sentencing provisions. For example, the maximum penalty on summary conviction is 12 months in Scotland, but only six months in England and Wales. The same is true for the burden of proof, where the Bill reflects existing Scots law.
I appreciate noble Lords’ concerns but, as I said, the approach we have taken is to follow a well-precedented form for offences relating to other age-restricted goods. If we reconstructed the sales and delivery offences for corrosive products we would be creating a different legislative regime from other age-restricted products, such as for knives. I am therefore not persuaded that we need to change the construction of the new offences. With those words, I hope that the noble Lord, Lord Paddick, will be content to withdraw his amendment.
The Earl of Erroll (CB)
This might have been dealt with before and I apologise if it has, but is a farmhouse a residential address? Farmers would certainly receive all sorts of corrosive products.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, I will speak briefly in support of the amendments. The noble Lord, Lord Lucas, is right that we are in the hands of sellers and delivery drivers, who have quite a lot of responsibility. If they get this wrong, they could be convicted, go to prison and have a criminal record. I am not against the Bill—in general I support it—but it is reasonable for it to set out what people need to do to protect themselves. One way of going forward may be a police guidance scheme. Another would be requiring the delivery driver to take photographic evidence. This would be a very good thing to do, because it is important to protect the people who are doing this work. People do make unintentional mistakes. They need to know that the person at the door is the right age and can hand over documents as evidence, or that they have abided by a police-approved scheme to which their company has signed up. These amendments go a long way to ensure protection for the seller, as well as making sure that the items are handed to the right people who are entitled to buy them.
Baroness Williams of Trafford
I am grateful to my noble friend for explaining these amendments, which deal with the evidence required to satisfy the defence if a seller is charged with selling or delivering a corrosive product to someone who is under the age of 18. As regards Amendment 3 to Clause 1, I understand my noble friend’s intention but I am doubtful that it is necessary or appropriate to require the police to certify a seller’s processes as adequate. There are already well-established and widely recognised age-restricted policies in place for retailers and sellers through Challenge 21 and Challenge 25. These policies are used day in and day out by retailers to deal with situations where an individual may appear to be under 18, particularly in relation to the sale of alcohol or tobacco. I have concerns about the value of asking the police to certify a seller’s processes and about the burden this would place on police forces. I am also concerned about whether this approach would undermine these established policies. Arguably this amendment would necessitate the police certifying the specific age-restriction policies of every individual seller of a corrosive product, whether a high-street store or an online marketplace. This not a valuable use of police time when we want them to be focused on preventing and tackling violence in our communities.
In any event, I am not persuaded that the police would be the appropriate agency to discharge this function. We must not forget the important role that trading standards plays and its expertise in this area. That said, I would have the same concerns about the resource implications for local authorities if they, rather than the police, were to be made responsible for certifying the systems put in place by all retailers of corrosive substances caught by the Bill.
The defence we have put in place for the Clause 1 offence is similar to that for the sale of knives to under-18s, and it seems right to have a seller prove that they took all reasonable precautions and exercised all due diligence to avoid committing the offence of selling to an under-18. Similar considerations apply to Amendment 13, which would again require the police to certify as adequate a seller’s system in preventing, in this case, the remote sale of a corrosive product to someone under 18. We have not specified an age-verification system in the legislation as there are various types of systems available and, as the noble Earl, Lord Erroll, pointed out, the technology behind such systems is continuing to develop at a fast pace. As a result, we did not want to prescribe a specific method or set a minimum standard for what these systems need to do, first, because we need to ensure that we future-proof the legislation, and secondly, because it is for sellers to determine the most appropriate system for their businesses to be able to demonstrate that they took all reasonable precautions and exercised due diligence to prevent the sale of a corrosive product to an under-18.
Lord Kennedy of Southwark
I see the point the Minister is making. She referred to various age-verification systems. I do not know whether we are going to have any guidance from the Government when this Bill becomes law. I want to ensure that these products are not sold to young people, but equally I want a system whereby I am confident that the person selling these items has had to reach quite a high bar to get this wrong so I am more confident that they have sold them deliberately. Will there be some sort of guidance saying that the Government would expect a seller to be in a scheme for age verification, so that if you are a courier company delivering products we would expect you to be in a scheme that does this and your driver would have professional training to know that, when he knocks on the door, he has to have done such and such? We need to make sure that we give the maximum amount of direction to people so we avoid these things getting into the wrong hands.
Baroness Williams of Trafford
The noble Lord makes a perfectly practical point. We are aiming to produce guidance. We talked about shopkeepers the other day and the abuse of shopkeepers who are trying to abide by the law. I think some of the conversation we had with USDAW will prove very fruitful in developing our thinking on that.
Lord Kennedy of Southwark
Will you produce guidance along the lines of what I have suggested? Or are you not sure yet? Will you get to it later on?
Baroness Williams of Trafford
We will produce guidance and I will of course take the noble Lord’s points into account. I cannot say whether supermarkets are currently part of the Challenge 21 or Challenge 25 scheme; I do not know the answer to that. However, in the production of guidance, you consult the various interested stakeholders to make sure that the guidance is as clear as it possibly can be.
Lord Kennedy of Southwark
With the greatest respect, you would expect some of the bigger companies to have systems in place. I am more concerned about smaller couriers and shops—one-man-band operations—which may not have anything in place. Being directed to sign up to a scheme would be good for everybody concerned.
Baroness Williams of Trafford
In fact, I was thinking precisely of the small shop owner, who may not have the resource. If they could sign up or reference some sort of guidance that would be ideal. I was thinking along the same lines as the noble Lord.
Baroness Hamwee
I mentioned that, not long before coming into this debate, I—and no doubt other noble Lords—had a note from the British Retail Consortium. It also makes the point about how helpful it would be to have guidance—“possibly through guidance”, it says. Different situations may be different, but we are all concerned about not just protecting the seller but making sure that purchasers are able to purchase when it is reasonable to do so. I think it was my noble friend who mentioned John Lewis’s current policy on sending cutlery through the post.
Baroness Williams of Trafford
The noble Earl, Lord Erroll, and the noble Baroness, Lady Hamwee, essentially come back to the point that the noble Lord, Lord Kennedy, made. Sellers want to make sure they are abiding by the law but, as the noble Baroness said, buyers want to make sure they are abiding by the law as well. On the systems that the noble Earl raised, I hope I did not suggest that he was trying to imply a specific system. I made the point that it would be wrong to specify a system in the legislation, given that systems are developing all the time.
To answer the point from the noble Earl, Lord Erroll, about age-restricted products, I have already mentioned knives, alcohol and tobacco, but lottery tickets are age-restricted as well, of course. Retailers are very used to operating in these systems, without a specific approved system in place.
Lord Kennedy of Southwark
This is a different type of retailer—hardware shops. You usually buy your lottery ticket from a different sort of place. I think we need to deal with these like for like.
Baroness Williams of Trafford
The noble Lord is both right and wrong. A shop might sell a range of products that includes all these things—I am thinking of Tesco, for example—whereas a corner shop might be entirely different.
The amendments would place additional burdens on sellers and delivery firms or couriers beyond the conditions proposed in Clause 2 that would need to be met by any remote seller who is charged with an offence of selling a corrosive product to someone under 18 and wants to rely on the defence for remote sales. We have already prescribed a tight set of conditions on remote sellers if they want to rely on the defence in Clause 2. There is clearly a balance to be struck, but I am not sure that we want to go further and be more prescriptive by imposing a requirement for photographic evidence, albeit that some firms may well want to adopt such an approach.
As for obtaining and retaining photographic evidence that the corrosive product was only delivered into the hands of someone aged over 18, I would have concerns about the storage for an appropriate period of such photographs under the general data protection regulation. The person who received the package would of course need to give their consent to any photograph being taken. We also need to bear in mind that it might not necessarily be the seller making the delivery; it could be a third-party delivery firm or a courier. That would raise the question of how the photographic evidence was transferred to the seller for retention. There is also a concern that the seller would not be able to fulfil the conditions set out for condition C in Clause 2 if the delivery firm or courier delivering the package failed to take and send the photographic evidence to the seller. The seller would not be able to demonstrate that they had taken all reasonable precautions and exercised all due diligence to ensure that, when finally delivered, the package was handed over to someone over 18. I accept that these difficulties are not insurmountable, but they demonstrate the drawback of imposing a level of regulation beyond what is arguably necessary.
I reassure noble Lords that we will work with retailers, the police and trading standards on implementation of the measures relating to the sale and delivery of corrosive products to ensure that those measures are adequate. As I said, we will want to produce guidance to ensure that retailers and sellers know what steps they can take to ensure that they comply with the law. I hope that, with those explanations, the noble Lord will be happy to withdraw his amendment.
Lord Kennedy of Southwark
Could I just come back to the issue of getting people to provide information? I understand the point that the noble Baroness makes about the GDPR, but we want the person who is knocking on the door to take all reasonable steps to know who the person answering the door is. Age can be quite deceptive. I had to go to the Co-op last night to get a package. I had my passport and my driving licence and I had to put in a PIN, just to pick up a jacket. These days, people often buy things that come in the post or have to be picked up from the post office or elsewhere, so giving identification is not a big issue now. If you are not doing anything wrong, why would you not provide that information anyway?
Baroness Williams of Trafford
I think that the noble Lord was referring to the taking and retention of photographs, which is slightly different, and we need to acknowledge the distinction.
Lord Lucas
My Lords, I am grateful to the Minister for saying that there will be guidance. Perhaps we might drop that into the Bill on Report, just to make sure. I think that guidance would be enough, but we should recognise that we have chosen to put into the Bill the words “all due diligence” and “all reasonable precautions”. That is a very high test. If we had meant the current systems to apply, we should have left out the word “all”. Nobody gets killed by being sold a lottery ticket—or at least not just one—but we are looking here at things that might quite quickly turn into serious criminal incidents. If in court someone says, “I looked at his passport”, but the police prove that the person in question has no passport, the poor delivery driver or shop worker is sunk. Noble Lords might remember a rather amusing TV ad from when we watched such things, “We’re with the Woolwich”, where somebody showed their Woolwich passbook to get out of East Germany. This passport or driving licence can presumably be of any nationality. How is a relatively untrained shop worker or delivery driver supposed to know that this is a Polish passport, not a Polish bankbook? We are asking people for whom there is no structured training to act as if they are trained. Under such circumstances we have to—
Lord Paddick
Would it help the Committee to suggest that the Government have put in Clause 4 exactly the sort of things the delivery courier should be looking at to take reasonable precautions?
Baroness Williams of Trafford
My Lords, that is where the guidance comes in. All roads are leading back to the guidance. I hope I can leave it there.
Lord Lucas
My Lords, it was those sorts of concerns that led to me think of taking photographs, because taking a photograph of a document is a reasonable precaution. If you have not done it, you have not taken all reasonable precautions. Yet if you take a photograph you get into all sorts of complications because it is not required, so you are into GDPR in all sorts of interesting ways. Guidance therefore becomes very important and we ought to drop the requirement for guidance into the Bill. I am very grateful to my noble friend for her help on this and I beg leave to withdraw my amendment.
Lord Ramsbotham (CB)
My Lords, I have added my name to Amendments 4 and 5, and I will also speak to the other amendments in this group. I looked in vain for Amendment 19 on the Marshalled List and the order of groupings today but I noticed that it is not there. As 19 comes before 20 and 21, I would like to speak to that as well because it also mentions custodial sentences—
Lord Ramsbotham
I am sorry. I mentioned at Second Reading that I was astonished that the Bill should bring forward the Home Secretary’s apparent desire to increase the number of mandatory short sentences while the Ministry of Justice and its Secretary of State, followed by the Prisons Minister last Saturday in the Daily Telegraph, oppose the mandatory short sentences because they were so ineffective. I would have thought that that ought to have been sorted out between the two Cabinet Ministers before the Bill was brought to the House.
When I was Chief Inspector of Prisons, I learned of the Scandinavian system, which gave to the sentencer prospectuses of what could be done with and for a prisoner. The sentencer took that into account in awarding the length of sentence and ordered that certain courses or programmes were to be completed by the prisoner so as they could rehabilitate him or herself. If the prisoner completed the mandatory parts of the sentence laid down by the sentencer, the governor of the prison could take the prisoner back to the sentencer and, because the prisoner has jumped through all the hoops that were set, ask that they please be released. That was a factor in reducing overcrowding in Scandinavian prisons.
What worries me is that our overcrowded and understaffed prisons are finding difficulty enough in producing programmes for longer-term prisoners. But they can do nothing whatever for short-sentence prisoners and therefore there is no purpose in people going to those prisons, because they will get absolutely nothing. If you expect that the purpose of the sentence is to rehabilitate, that will not happen in our present prison system. Staff shortages, for example, mean that there are not enough staff to escort people to programmes that they are meant to be attend. So even if a programme was laid down, it is unlikely that it would be completed.
I admit that community sentences need to be improved. In preparation for this debate, last week I visited the Wandsworth probation programme and asked staff what they could do with and for people accused of violent offences. They said that, at the moment, they could do absolutely nothing because they did not have the wherewithal. However, there is no doubt that, if they were given the wherewithal, they could devise a meaningful sentence that would gather credibility in the community.
I also spoke to the Justice Secretary last Thursday and mentioned that there was apparent disagreement between him and the Home Secretary. Personally, I am on his side, because I saw the effect of short sentencing in prisons and saw people coming out having got nothing. That does little to increase the reputation of the justice system in the community, and it can ill afford to lose any more of its reputation in the country.
I notice that, in her foreword to the Serious Violence Strategy, the then Home Secretary said two things. The first is this:
“The … Strategy represents a very significant programme of work involving a range of Government Departments and partners, in the public, voluntary and private sectors”.
That may be, but we have not as yet seen any evidence of this partnership working. At Second Reading, we talked a lot about a public health approach. I do not think that that approach has had time to bed in. The second thing she said was that:
“The strategy supports a new balance between prevention and effective law enforcement”.
Prevention has not yet been tried, and to lay down mandatory short sentences is imposing law enforcement on prevention and damaging the hopes that prevention may bed in and achieve something.
Lord Kennedy of Southwark
My Lords, as you heard, Amendments 4, 5, 20 and 21 in the names of the noble Lord, Lord Paddick, and the noble Baroness, Lady Hamwee, seek to replace the punishment that a person is liable to get on conviction, as set out in the Bill, with a community sentence. Amendments 6 and 7 allow conditions to be added to prohibit offenders from selling corrosive substances.
I am very sympathetic to these amendments. We have heard about the debate that is going on in Government at the moment between the justice department and the Home Office on sentencing policy. Generally, as we have heard, short-term sentences are not the right thing to do; they can be expensive and counterproductive, and they are not long enough to deal with a person’s issues. They can actually do more harm than good: the person can lose their job, home and family and then of course they have to go back out into the community. These amendments concern the delivery driver and the owner of the corner shop—the person who sold the products—not the young person who may want to commit other offences.
I agree with the noble and learned Lord, Lord Judge. Magistrates have the ability to look at the case in detail and decide on the best punishment. It could be that, for a second or third offence, prison might be the right place to put this person, because they will not listen. Equally, I want to make sure that the magistrates deciding these cases have that ability because they will know whether the offence merits a community sentence. I want to hear that a suite of punishments is available to the court and not have it driven down that they must impose a mandatory sentence. On that basis, although I have some sympathy with the amendments as they are, I want a much broader suite that enables the court to look at the evidence before it and make a sentence that it believes is appropriate.
Baroness Williams of Trafford
I thank the noble Lord, Lord Paddick, for tabling these amendments and the noble Baroness, Lady Hamwee, for speaking to them, as it provides us with the opportunity to debate the appropriateness of the penalties we are proposing for anyone found guilty of selling a corrosive product to someone aged under 18 or for arranging the delivery of a corrosive product to residential premises or a locker. I am not persuaded of the case for replacing custodial sentences of up to six months for the sale and delivery offences with community sentences. The noble and learned Lord, Lord Judge, very articulately outlined why they might be necessary for some, but not all, offences. Let me explain my reasons for this.
We need to consider the significant harm corrosive products can cause if they are misused as a weapon to attack someone. My noble friend Lady Eaton pointed out one such circumstance in which this might happen: domestic abuse settings. The effects can be significant and life-changing for a victim, leaving them with permanent injuries, not to mention causing serious psychological harm. But it is important to be clear that in providing this maximum custodial penalty we are providing the courts with a range of penalties, from custody through to a fine or both. That gives the courts the option to impose a community sentence if that is most suitable, taking into account all the circumstances of the offence and, of course, of the offender.
There is also the requirement under the Criminal Justice Act 2003 that the court has to be satisfied that the offence is so serious that only a custodial sentence can be justified, so we can have every confidence that our courts will be sentencing offenders appropriately. Where a custodial sentence is justified they will impose it, but where a community order would be better for punishment and rehabilitation while protecting the public nothing in our provisions prevents it. There is also the broader legal framework to consider and the novel problems of a maximum penalty being a community order.
I must point out to noble Lords that, under Section 150A of the Criminal Justice Act 2003, a community sentence can be imposed only where the offence is punishable by a prison sentence. That is an important point to note. Even if it were possible to change the maximum penalties we are proposing, it would raise the problem that if someone wilfully breached their community order, then, as the law stands, it would not be possible to sentence them to custody. The courts would be able only to re-impose another community sentence. As a result, it is important that custodial sentences are available to the courts as one of the penalties available for anyone convicted of the sales offence. Such an approach is also consistent with the range of penalties available to the courts for anyone who has been convicted of selling a knife or bladed article to a person under the age of 18.
It was very clear from the debates in the House of Commons that we should treat the threat of violence from corrosives as seriously as that from knives. We have therefore tried to ensure that the offences relating to corrosives mirror those for knives wherever possible, as we discussed. I note that this approach was strongly supported by the Opposition during the detailed consideration of the Bill in Commons Committee. These amendments would undermine that approach, and would in effect be saying that selling a corrosive product to someone under the age of 18 was less serious than selling a bladed article to a person under the age 18.
I add that, as with other age-restricted products, in many cases it is the company selling the product or arranging for its delivery that would be prosecuted. Although the person at the checkout desk is sometimes prosecuted, it is more likely the case that it will be the company operating the store, because it will be responsible for ensuring that procedures and training are in place to avoid commission of the offence. This goes back to the guidance point made by the noble Lord, Lord Kennedy. Where it is a company that is being prosecuted, the sentence is likely to be a fine rather than a custodial or community sentence, but if an individual is prosecuted, the full range of penalties should be available.
The Earl of Listowel
My Lords, I thank the Minister for her helpful, informative and careful reply. I particularly welcome what she said about the need to think about placing women in prison, given the stubbornly high level of female imprisonment over many years now. I was thinking about the fact that one in 10 lone-parent families is headed by the man. Is there any advice to the courts on whether, when deciding on sentencing, they should take into account whether a man is looking after the children in the family? The Minister will not have it to hand, but I imagine that there is some guidance on that. Perhaps we can look at it at some point.
Baroness Williams of Trafford
I am happy to look at that point. Of course, every case is different, so I cannot give a pronouncement here in Committee this afternoon. I have visited Styal prison, an all-female prison near to where I live. I would imagine that Styal is an example of best in class, as it tries to support the family as opposed to just dealing with the woman in custody. I recommend any noble Lords who get the chance to visit that prison, which is an example of a very supportive environment.
Baroness Hamwee
My Lords, we have ranged widely and it is tempting to respond to some of the points that have been made, continuing that wider debate, as opposed to focusing on Clauses 1 and 3, but I will try to resist that.
I think that we all agree with the noble Baroness, Lady Newlove, that this is about the quality of sentences. I would regard it as rather despairing to accept that there should be imprisonment because community sentences are inadequate—not fit for purpose, in the jargon. I referred to comments made in April last year, I think, by the Secretary of State for Justice, David Gauke, in response to evidence published by the MoJ showing that, for people with matched offending backgrounds, community orders were more effective than a short prison sentence at reducing offending.
I should make it clear that we are not in favour of selling corrosives that may be misused—I do not want that to come out of this debate. Clause 6 includes the offence of possession, and it is this clause that prompts me to ask whether the Minister can confirm that the offences under Clauses 1 and 3 are summary only offences. Clause 6 refers to conviction on indictment, which would allow imprisonment for up to four years. One always learns something, and I did not expect to learn about the 2003 Act. There are two ways of looking at that: either our amendments are fatally flawed or we have material to come back to at Report. That is neither a threat nor a promise, but perhaps the Minister can answer my question about summary only offences.
Baroness Hamwee
We have all shared a lot more of our views on this Bill than I thought likely to be the case when I tabled these two amendments. I beg leave to withdraw.
Lord Tunnicliffe
My Lords, if I can give some comfort to the noble Baroness, Lady Hamwee, I did not understand it either.
Baroness Williams of Trafford
I am sure that the noble Baroness is very much comforted. I hope I can clarify the meaning.
Amendment 12 seeks to test why it is necessary to include in Clause 2(6)(a) the words,
“by the same or a similar method of purchase to that used by the buyer”.
There are many different ways to make purchases online or in response to an advertisement by post or telephone. The simple purpose of the condition set out in Clause 2(6)(a) is to ensure that, at the time of making the sale, the seller had the required arrangements in place to verify the age of the buyer. This would assist in proving that an offence had been committed.
Amendment 16 seeks to clarify why Clause 2(10) uses the term “supply” instead of “delivery”, given the terms of the Clause 1 offence. The use of “supply” is correct in this context because it is about the actual handing over of the product to a person or their representative at the collection point, rather than its delivery to the address from where the buyer ordered the product. I hope that provides clarification, although the noble Baroness, Lady Hamwee, is looking even more puzzled than she initially was.
Baroness Hamwee
My Lords, I am afraid I remain a bit puzzled. I do not find all of this Bill entirely easy. My prejudice was confirmed this morning when, ironically, I got a rather painful paper cut from the Offensive Weapons Bill. On the second point, “supply” has all sorts of other connotations, particularly with the drug trade. That perhaps diverted me, but “delivery to a person” is not the same as delivery to premises. I remain puzzled by that. I will have to read what the Minister said about Amendment 12, but I thought she more or less said what I said I thought it should mean without the rather difficult words. I will go back and read that.
Lord Kennedy of Southwark
I am confused as well, so I am in good company. Maybe an example would help the Committee. I am certainly confused about what the words mean.
Baroness Williams of Trafford
Would it be helpful if I wrote to noble Lords giving examples?
Baroness Hamwee
I think that would be an excellent idea. I beg leave to withdraw the amendment.
The Earl of Erroll
I apologise for my earlier intervention that should have come under this clause. I can see that it is dealt with in Clause 3(6) about farmhouses, and so my earlier intervention was irrelevant. However, the noble Lord has a very good point about why we are banning delivery to residential premises if there is someone there who can prove that they are over 18. The ban is actually not about whether the substance goes to residential premises. There are many reasons why you might want something delivered. For instance, if you are cooking and things like that—I know that is a later section. There are cleaning products and stuff like that. I cannot see the purpose of the ban if the delivery is being accepted by someone who is over 18. As I said in my earlier intervention, it is easy to do now with modern technology; we can now age-verify people extremely accurately.
Baroness Williams of Trafford
My Lords, as we have discussed, Clause 3 makes it an offence, where a sale is carried out remotely, for a seller to deliver, or arrange for the delivery of, a corrosive product to residential premises or to a locker. Given the concerns over the use of corrosive substances in violent attacks and other criminal acts, to restrict access effectively we believe that it is necessary to stop delivery to private residential addresses. This does not mean that corrosive products cannot be purchased online in the future, merely that individuals will be expected to collect the product from a collection point where their age can be verified before the product is handed over to them. This provision is important as it will ensure that checks are made and that the purchaser will need to prove that they are 18 or over in order to be able to purchase and collect a corrosive product. If the purchaser cannot collect the corrosive product in person, they would have to be able to send a representative who is also over the age of 18.
We have also included an exemption within the provision to ensure that deliveries to businesses that are run from home—such as a farm—would not be affected by the prohibition on delivery to a residential address, for example, where corrosive products are ordered by small family-run businesses, such as metal working, soap making or even farms, in the case of the noble Earl, Lord Erroll. We have also provided defences that are available in cases where the individual has taken all reasonable precautions and exercised all due diligence to avoid committing the offence.
The noble Lord, Lord Paddick, questioned why both Clause 3 and Clause 4 are needed. Clause 3 relates to the dispatch of corrosive products bought online in the UK to a residential premises or locker in the UK. We cannot apply the same restrictions on sellers who are based overseas without taking extraterritorial jurisdiction for this offence. Such a step would be inappropriate for a sales offence such as this and, in any event, there would be practical difficulties mounting a prosecution given that an overseas seller would not be within the jurisdiction of the UK courts. Clause 3 is therefore supported by Clause 4, which makes it a criminal offence for a delivery company in the UK to deliver a corrosive product to a person under the age of 18 where that corrosive product has been bought from a seller overseas and where the delivery company knows what it is delivering. The purpose of Clause 4 is to try to stop overseas sellers selling corrosives to under-18s in the UK and having them delivered to a person under the age of 18. There is no overlap between Clauses 3 and 4; we think that both are needed. Clause 3 deals with UK online sales and Clause 4 deals with online sales from overseas sellers.
The noble Lord, Lord Paddick, again brought up the use of home as a business, which he has mentioned to me before. It will be a matter for the seller under Clause 3 to satisfy themselves that the delivery address is being used for a purpose other than residential purposes. If they cannot satisfy themselves, they should not deliver to that address. Again, it is something that we can deal with in the planned guidance. He also mentioned to me previously his concerns about Amazon’s terms of trade in relation to the sale of alcohol. We are clear from evidence of test purchases of knives that we cannot rely on such terms of business to ensure that the law on age-related restrictions is properly adhered to in the case of online sales.
Lord Paddick
My Lords, I have to confess to being even more confused than I was before. Is the Minister saying that you can purchase corrosive substances from a seller overseas and have them delivered to your residential premises, but you cannot get corrosive substances delivered to your residential address if you order them from a UK seller? That appears to be the effect of Clauses 3 and 4.
Lord Lucas
That seems a bit odd. If you can get the corrosive stuff only from overseas sellers, you will get the rest of your stuff from an overseas seller too because it is that much more convenient. If there is no positive effect—because people can still get the corrosive substances from an overseas seller—why ban getting them from a UK seller? It is really very easy. A lot of sellers that you think are in the UK are overseas.
Lord Kennedy of Southwark
Can I be absolutely clear? Are we saying that you cannot buy it from a UK seller but you can buy it from an overseas seller?
Baroness Williams of Trafford
You can buy it from either, but the mechanisms for age verification are slightly different.
Baroness Hamwee
We have referred quite a lot to Amazon. I do not use it very much, but the few times I have, I have ordered from Amazon but got my items from the producer or seller, which was often in the UK. Is the seller overseas or in the UK in that situation?
Baroness Williams of Trafford
If the seller is in the UK, the seller is in the UK. If the seller is overseas there is a slightly different mechanism. As I said, that is because of our ability to enforce sales in the UK as opposed to online sales abroad. The two are very different, but we are banning the delivery of corrosive substances to under-18s when ordered from an overseas seller, just as we are banning that here.
Baroness Hamwee
But if I order from Amazon, am I buying from Amazon or from the manufacturer in the UK?
Baroness Williams of Trafford
That depends entirely on whether the seller is a UK seller or an overseas seller.
The Earl of Erroll
I think the contract is with Amazon, because you pay Amazon for the product. I therefore think Amazon is technically the seller. The website could well be hosted abroad and Amazon has its headquarters abroad. Therefore, your contract is with someone in a foreign country, but the delivery agent may be someone in the UK who happens to have the product and is remunerated by Amazon for it. I am not at all clear. Because this is so obscure, it seems that aligning the two clauses would be sensible—remove the residential bit from Clause 3 and insist on proper age verification of the person receiving the goods, whether the address is residential or business.
Baroness Williams of Trafford
My Lords, if you buy from Amazon, you are buying from Amazon UK.
Baroness Williams of Trafford
I think it is because there is an unwillingness to do that with UK sales. We have made provision for this arrangement to apply where the product is picked up, but we cannot impose extraterritorial jurisdiction on overseas sellers and therefore we are putting the onus on the courier to ensure that the product is labelled as a corrosive substance. That is why the two schemes are slightly different.
Lord Kennedy of Southwark
It seems that in this debate we have highlighted a massive hole in this legislation. Obviously when legislating on matters such as this, you are legislating not for the law-abiding people but for those—villains, crooks and suchlike—who want to do harm to others. It now seems that if you are a person who wants to use these products to attack somebody, you can go to a bad company abroad that will very happily sell them to you. You can make the transaction and the product will come in the post. You think, “Thanks very much”, and off you go to commit your crime with no problem at all. That is a very bad place for us to be in. It might be useful if the noble Baroness could write to those taking part in the Committee to explain where we are, because a big coach and horses could be driven through the Bill in this area. Unfortunately, we will find companies abroad that will sell to bad people in this country, making a mockery of the law that we are trying to pass here.
Baroness Williams of Trafford
My Lords, obviously in a perfect world the overseas arrangements would mirror the home arrangements, but the rigour of the age-verification procedures applied to the arrangements for pick-up points cannot be relied on or effectively enforced for home deliveries. It would be great if we could do the same for both situations but we cannot, although I shall be very happy to talk about these issues further before Report.
Lord Tunnicliffe
Given the lack of clarity, if a letter could be sent to us before any discussion takes place, that would be good.
Lord Tunnicliffe
May I join the noble Baroness and say that I too am confused?
Baroness Williams of Trafford
My Lords, I fear that I am about to confuse people further—I hope not—because the noble Baroness is effectively asking why Clause 4 is drafted on the basis that the delivery arrangements for an online sale made to a vendor based overseas will have been made at the point of contract and not subsequently. It therefore might be helpful if I explain how we have drafted the clause in this way.
The purpose of Clause 4(1)(c) is to avoid criminalising a delivery company in instances where an overseas seller has simply placed a package containing a corrosive product in the international mail. By doing this, it then places an obligation on the delivery company, and potentially the Royal Mail, to deliver the item without having entered into a contract or necessarily knowing that the package contains a corrosive product. If we did not have the provision in place and in combination with the provisions of Clause 4(1)(d), which makes it clear that the company was aware that the delivery arrangements with the overseas seller covered the delivery of the corrosive product, then delivery companies such as the Royal Mail would be committing an offence.
We want to mitigate this, which is why we have constructed the offence in this way so that it requires the delivery company to have entered into specific arrangements to deliver corrosive products on behalf of an overseas seller.
The noble Baroness looks far less confused than she did in my previous explanation and I hope I have provided the explanation she seeks.
Baroness Hamwee
My Lords, that is perfectly clear and I am grateful. I beg leave to withdraw the amendment.
Lord Paddick
My Lord, if I may have a second go, until very recently I did not support particular protections for shop workers. Being from a policing background, I know we have taken the steps in the law to protect law enforcers, and recently there has been a Bill to protect all emergency workers in this way. But here we are talking about people who are intent on violence; they are looking to get their hands on knives or corrosive substances to commit violence. That is the sort of person that these shop workers are likely to confront, and that is why I am now convinced that this is the right thing to do.
Baroness Williams of Trafford
The noble Lord, Lord Kennedy, said I would say that there is no problem. I am not going to say that, but I am very grateful to him for explaining his amendment. He attaches particular importance to affording greater protection for retail staff, and his noble kinsman, the noble Baroness, Lady Kennedy of Cradley, raised this question last week. It was a very good opportunity to discuss the issue, which is of great concern. I understand the concerns of retailers and their staff about being threatened or attacked in the course of their duties, including as part of verifying a person’s age when selling a corrosive product. As my noble friend Lord Deben said, it may be those very people who want to buy these things who will be those who mete out the abuse on retail workers. Nobody should have to experience this sort of behaviour at their place of work, especially when providing a service to members of the public.
As I said at Second Reading, the Minister for Crime, Safeguarding and Vulnerability held a roundtable on 11 December with David Hanson MP, Richard Graham MP and representatives from the retail sector, including USDAW and the British Retail Consortium, to discuss what more we can do ensure greater protection for shop workers. Last week, I met USDAW to see what more we can do to ensure these greater protections. Following the discussion at the roundtable I am very happy to update the Committee. We will be taking forward the following actions: first, the call for evidence, which I spoke about last week and is intended to help us ensure that we fully understand this issue and look at all the options for addressing it; secondly, that we provide funding to the sector to run targeted communications activity to raise awareness of the existing legislation that is in place to protect shop workers; and thirdly, we are refreshing the work of the National Retail Crime Steering Group, co-chaired by the Minister for Crime, Safeguarding and Vulnerability and the British Retail Consortium. An extraordinary meeting of the group, focused exclusively on violence and abuse towards shop workers, will take place on 7 February. That discussion will help to shape the call for evidence.
In addition, the Sentencing Council is reviewing its guidelines on assault. A consultation on a revised guideline is anticipated to commence this summer. These measures are intended to complement existing work under way to tackle this issue. For example, the Home Office is providing funding of £1 million for the National Business Crime Centre over three years between 2016 and 2019. The centre was launched by the National Police Chiefs’ Council in October 2017 to improve communication between police forces on business crime, promote training and advice, and help to identify national and local trends.
In addition, through the national retail crime steering group, which includes representatives from across the retail sector, the police and others, we are taking forward a range of work to strengthen the collective response to these crimes, including: the creation of a “crib sheet” for retailers to use when reporting violent incidents to the police so that they get the information they need to support a timely and appropriate response; exploring options for improving consistency in the recording of business crime by the police, which will include a short pilot analysis of forces applying business crime flags; and the development of guidance on impact statements for businesses to increase their use. These statements give businesses the opportunity to set out the impact a crime has had and are taken into account by courts when determining sentences.
I know that there are concerns about the adequacy of the existing legislation for protecting those selling age-restricted products. The call for evidence is intended to help us understand better how the existing law is being applied and whether there is a case for reform, including in the context of the sale of age-restricted products. However, I want to provide some reassurance about the legislation we have in place, without dismissing noble Lords’ points. A wide range of offences may be used to address unacceptable behaviour towards shop staff—including those who sell age-restricted items—covering the full spectrum of unacceptable behaviour, from using abusive language to the most serious and violent crimes.
Some of the existing offences available include behaviour that causes another to fear the immediate infliction of unlawful violence, which is already an offence of common assault under Section 39 of the Criminal Justice Act 1988. Where shop workers are threatened or experience abusive language, this may be captured by the offences under the Public Order Act 1986. There is also the Offences against the Person Act 1861, which means that assaults against shop workers could be considered as assault occasioning actual bodily harm under Section 47 of that Act. In addition, courts have a statutory duty to follow sentencing guidelines when considering any penalty to be imposed further to criminal conviction, unless it is not in the interests of justice to do so. In all cases, the fact that an offence has been committed against a person serving the public may be considered an aggravating factor for the purpose of passing sentence.
In answer to my noble friend Lord Deben and the noble Lord, Lord Paddick, the specific offence in Amendment 3 could be counterproductive and encourage prosecutions for the new obstruction offence with a maximum penalty of a fine—I think that the noble and learned Lord, Lord Judge, made that point as well—rather than a more serious offence, such as assault, which carries a higher penalty. That said, and going through the list of offences that this may capture, we understand retailers’ concerns about the risk of their staff being threatened or attacked—particularly, as the noble Lord, Lord Kennedy, said, for smaller retailers, such as corner shops. The call for evidence is intended to improve our understanding of the issue and identify potential solutions. We will seek to issue the call for evidence as soon as is practically possible.
The noble Lord, Lord Paddick, asked whether shop workers were law enforcers. It is a moot point on which I think we will agree to differ. I was trying to make the point that they are not policemen but they have to uphold the law. With that, I hope that I have given the noble Lord, Lord Kennedy, enough to help him to withdraw his amendment.
Lord Ramsbotham
My Lords, I put my name to this amendment purely to be consistent with what I said at Second Reading. As the noble Lord, Lord Paddick, has pointed out, it could be that children are sent to collect corrosive substances from shops. They do not know that the substance is corrosive, as defined by the Act, and could be caught in possession by stop and search techniques, resulting in thoroughly unfortunate imprisonment.
The Minister of State, Ministry of Defence (Earl Howe) (Con)
My Lords, I am grateful to the noble Lord, Lord Paddick, for explaining the rationale behind this amendment which would, as he has acknowledged, fundamentally change the nature of the offence provided for in Clause 6. As the noble Lord pointed out, we return in part to the arguments that he put forward in the first group of amendments. I appreciate the noble Lord’s concerns, but I will set out the reasons why we are seeking to introduce this new possession offence.
The noble Lord, Lord Paddick, made reference at Second Reading to the existing legislation in this area, and I will explain why it is not sufficient to tackle the problem of individuals carrying corrosive substances in public. Under Section 1 of the Prevention of Crime Act 1953, it is already the case that anyone who is in possession of a corrosive substance can be prosecuted for the offence of possession of an offensive weapon. However, for the accused to be guilty of the Section 1 offence, it is necessary to prove that they are carrying the corrosive substance with the intention of causing injury. Such intent can be proved, for example, in cases where an individual has decanted the corrosive substance into a different container for the purposes of making it easier to squirt or throw at another person and also to conceal it from the police. However, the intention of Clause 6 is to strengthen the powers available to the police and the Crown Prosecution Service. We want to remove the burden on the police and the prosecution to prove that the person was carrying the corrosive substance with the intention to cause injury.
This approach is not novel; it is consistent with the possession offence for knives and bladed articles. We have modelled the new offence on existing legislation in place for the possession of knives under Section 139 of the Criminal Justice Act 1988. There is also a similar offence in place in Scotland. We have put in place suitable defences for members of the public to prove that they had good reason or lawful authority to be carrying the corrosive substance in a public place. These defences are also modelled on existing legislation for the possession of knives.
I know that noble Lords may be concerned about law-abiding members of the public being stopped by the police as they leave their local supermarket or tradespeople being stopped. However, I reiterate the points that my noble friend made at Second Reading about how we envisage the new offence being used by the police. This is not about the police criminalising tradespeople, children sent on an errand or law-abiding members of the public. We would fully expect the police to use this new offence in response to information or intelligence from the local community that someone was carrying a corrosive substance in public.
Furthermore, as my noble friend also indicated at Second Reading, with the National Police Chiefs’ Council, we have jointly commissioned the Defence Science and Technology Laboratory to develop a testing kit for the police to use to be able to identify corrosive substances in suspect containers. This work is well under way, and we want to have a testing kit in place before commencing the new possession offence.
We need to strengthen the law to tackle the abhorrent use of corrosive substances as weapons. This amendment would effectively leave the criminal law as it currently is. I hope that, in these circumstances, the noble Lord is persuaded of the case for the new offence as currently formulated and would be content on reflection to withdraw his amendment.
Lord Paddick
My Lords, I am grateful to the Minister for his explanation. I seek clarification, however, on Section 1 of the Prevention of Crime Act 1953, about which the noble Earl said that in order for somebody to be guilty of an offence under that Act, intent had to be proved. However, if the person is in possession of a made offensive weapon—an offensive weapon that has no other purpose than to cause injury: a dagger, for example—then my understanding is that no intent is required. Indeed, if the article that the person has with them is adapted to cause injury—for example, a water pistol filled with a corrosive liquid—again, there is no need to prove intent. That would make the existing offence even stronger than this offence as amended by this amendment.
The noble Earl talks about consistency with Section 139 of the Criminal Justice Act 1988 regarding bladed and pointed instruments. I accept that the offence as drafted is consistent with that Act, but, in my view, two wrongs do not make a right. The noble Earl and the noble Baroness earlier talked about how the Government envisage that the police will use this legislation. They fully expect the police to use it in response to intelligence. I go back to what I said on the first group: having been an operational police officer for more than 30 years, I do not share the confidence that the Government have about how, in every case, the police are going to use this legislation. This is the source not only of my concern but, as I have said, of the concern of the organisations I mentioned in proposing the amendment.
As far as the testing kit is concerned, that is something that we will return to in a successive group later on. However, having made those points, I beg leave to withdraw the amendment.
Baroness Hamwee
My Lords, I shall speak also to Amendments 30 and 31. These amendments are in my name and that of my noble friend. Amendments 29 and 30 seek to understand what is meant by “lawful authority”. In Clause 6(2)—I am not making any concessions about the points made on the first group of amendments this afternoon—it is a defence to prove that a person had “good reason” or “lawful authority” for having the corrosive substance with them in a public place. Obviously, lawful authority is not the same as good reason, otherwise it would not have to be provided for—although one would have thought that lawful authority would be good reason. But what is lawful authority? Where does the authority come from? Who gives it? How does one apply for it? Is it a consequence of some other arrangement that is in place? Amendment 29 applies to England, Wales and Northern Ireland and Amendment 30 to Scotland, but they make the same point.
Amendment 31 makes a very small point, but I have discovered over the years that sometimes small points are worth making. Under Clause 6(3) one can show that one had the corrosive substance for “use at work”. My amendment would substitute for those words “the purposes of work”, thereby distinguishing in my mind the purpose and the place. These days “work” is very often used to designate the place. Technically, that might be a bit lax, but it is what people say: “I’m going to work”. They do not mean, “I’m going to put in a good day’s effort”; they mean, “I’m going to my place of work”. The Minister may say that “for use at work” implies “purpose”, but one might take something to use at a place where there is no legitimate reason for using it. I beg to move—and I wish Hansard could record the look on the Minister’s face.
Earl Howe
My Lords, as the noble Baroness explained, these amendments address the defences available if someone is charged with an offence of possessing a corrosive substance in a public place. As I understand her, these amendments are intended to probe what would constitute lawful authority to be in possession of a corrosive substance in a public place. She then went on to comment on the phrase “for use at work”.
On the lawful authority issue, let me give your Lordships one example. Under the Poisons Act 1972 there is a licensing regime for regulated substances such that a Home Office licence is required to import, acquire, possess or use a regulated substance. Both nitric acid at above 3% concentration and sulfuric acid at above 15% concentration are regulated substances. Therefore, there may be circumstances where a Home Office licence holder has purchased a corrosive product containing one of these substances and is transporting it from A to B. This would be a scenario where the defence of lawful authority might come into play.
However, for the majority of cases, a person would need to rely on the defence of having good reason—unless, of course, they were a tradesperson and had purchased the corrosive for use at work. This brings me to Amendment 31, about how we have framed the defence for tradespeople and businesses. The reference to “for use at work” replicates the terminology used in existing knife legislation. The existing defences in relation to the possession of an offensive weapon in a public place are well understood by the police and various trades and businesses, and we are not aware of any issues in the operation of them in relation to the possession of knives.
While I can see the intention behind the amendment, I will need to think about what the noble Baroness has said—but I am not convinced that it is necessary or in practice achieves any significantly different result. I am also concerned that having a different defence in place for possession of corrosives, compared with that for knives, would or could cause confusion and unnecessarily complicate the law. So I hope that, at least for now, I have been able to provide sufficient clarification to persuade the noble Baroness to withdraw these amendments—although, as I have said, I promise that I will read carefully in Hansard what she said.
Lord Tunnicliffe
My Lords, perhaps I may speak briefly on this rather macabre amendment. First, I am not sure who the testing is to be done on. I cannot see many volunteers being willing to be corroded. My second and more substantive point is that I cannot see why the definition is required because, as I read the Bill—not an easy Bill to read, as we have discovered today—a corrosive substance is de facto defined by Schedule 1. I would have thought it much more satisfactory to retain the concept of a schedule, which can be altered by order, than to have this rather frightening test.
Earl Howe
My Lords, I am grateful to my noble friend for explaining his amendment, which seeks to modify the definition of a corrosive substance for the purposes of the new possession offence. This provides me with the opportunity to clarify why we have taken the approach that we have, and to reassure him about how the new possession offence would be used.
We know that perpetrators of these horrendous attacks often decant the corrosive into other containers, for example soft drinks bottles. This is done to make the substance easier to use but also to conceal.
Police officers who come across an individual carrying a bottle containing a suspect liquid will not know exactly what chemicals it contains or at what levels. As a result, the approach we have taken for the sales and delivery offences of defining a corrosive product by substance and concentration limit will not work on our streets. The police require a simpler definition for use operationally, so we have defined a corrosive substance by its effect rather than by its specific chemical composition—that is, as a substance capable of burning human skin by corrosion.
Baroness Hamwee
Before the noble Lord responds, first, will there be an opportunity for Parliament to consider the arrangements for testing when they are pretty much complete? I am sure it will be of interest. Secondly, are skin and eyes similarly sensitive? Or do we risk not outlawing a substance that might damage the eyes but would not damage the skin?
Earl Howe
In answer to the second question, my understanding—on advice—is no. A substance capable of burning the skin by corrosion would also be capable of doing severe damage to the eye, and the other way round. We do not think we are excluding any substance by accident in defining corrosive substances in this way. On the noble Baroness’s first question, as I understand it, the approval of the testing kit will not be subject to any formal parliamentary procedure, but I am sure the noble Baroness is capable of finding ways to tease out relevant information from the Home Office at the appropriate time.
The Earl of Listowel
My Lords, in thinking about how criminals might think about getting around the law that the Government are proposing, I add this as a footnote to take away. Would it be possible to take two separate substances, which on their own might be quite innocuous, but when mixed together could be powerfully corrosive and thereby say you were not carrying corrosive substances? That is something to take away as a possible concern.
Earl Howe
My Lords, Clause 8 provides an appropriate custodial sentence where a person is 16 years old or older and is convicted of the offence of possession of a corrosive substance in a public place in England and Wales and has at least one relevant previous conviction, as defined in Clause 9. We have made it a requirement that the court must impose an appropriate custodial sentence unless it decides that there are particular circumstances relating to the offence, the previous offence or the offender which would make it unjust to do so. We have defined an “appropriate custodial sentence” as a custodial sentence of at least six months’ imprisonment for an offender aged 18 or over. For an offender aged 16 or 17, we have defined an “appropriate custodial sentence” as being a detention and training order of at least four months’ duration.
The noble Baroness, Lady Meacher, referred specifically to Clause 8(2). It is not designed, as she suggested, to reflect the sentencing guidelines. The clause mirrors existing knife legislation and ensures that anyone aged 16 or over who is convicted of a second possession or similar offence, such as an offence relating to a knife, will receive a custodial sentence unless the court determines that there are appropriate circumstances not to do so. The use of appropriate custodial sentences will make it clear to individuals that we will not tolerate people carrying corrosives on our streets and other public places in circumstances which would enable them to cause injury or commit another offence, such as robbery.
Amendments 34 to 36 in the names of the noble Lords, Lord Ramsbotham and Lord Paddick, seek to confine these provisions to adult offenders. I understand why the noble Lords are proposing this but I really think—as do the Government, very firmly—that, given the nature of this particular form of offending and the appalling injuries it can cause, the minimum sentence should apply to 16 and 17 year-olds as well as to adults, as for the existing offence of possession of an offensive weapon in a public place. We fully recognise, however, that this cohort of young offenders should be treated differently from adult offenders. I have already indicated that for 16 and 17 year-olds the minimum sentence is a four-month detention and training order as opposed to six months’ imprisonment in the case of adult offenders.
In addition, for this age group, we have ensured that when considering whether there are particular circumstances which would make imposing an appropriate custodial sentence unjust, the court must have regard to its duty under Section 44 of the Children and Young Persons Act 1933. This relates in particular to the issues raised by the noble Baroness, Lady Meacher. Under that section, the court must have regard to the welfare of the child or young person, take steps to remove them from undesirable surroundings and ensure that proper provision is made for their education and training. We have also ensured that there are procedures for appeals in those circumstances where a relevant conviction, which was relied upon by the court to impose an appropriate custodial sentence, has been set aside on appeal.
I recognise that there are some Members of the Committee such as the noble Lord, Lord Ramsbotham, and the noble Baroness, Lady Hamwee, who object as a matter of principle to minimum sentences as provided for in Clause 8. I fully accept that the normal practice is for Parliament to set maximum sentences and leave it to the discretion of the court to determine the appropriate sentence, having regard to the facts of an individual case. However, there are already a number of exceptions to this rule, including, as I have said, in relation to second convictions for possession of an offensive weapon in a public place. We regard the possession of corrosive substances in a public place as equally serious and therefore deserving of the same sentencing framework.
As I have indicated, the requirement to impose the minimum sentence is not absolute and the provisions still allow for some judicial discretion. The court must still consider the particular circumstances of the case and, if there are relevant factors relating to the offence or the offender such that it would be unjust to impose the minimum sentence, the court has the latitude in such a case not to do so. That could be: where the seriousness of the offending falls far below a level deserving custody; strong personal mitigation of the defendant; or the undue impact that going into custody may have on others. In addition, the courts would have to consider the effect of a guilty plea. In the youth justice system, four months is the minimum detention and training order available, so any reduction would mean that a community order is imposed. It is important to emphasise that.
It remains a matter for the court to weigh up all the relevant aggravating and mitigating factors before deciding the appropriate sentence to impose, at or above that required by this clause, and subject to the question of it being unjust in all the circumstances which I have mentioned. In short, the Government are firmly of the view that in exceptional cases such as this, there is a place for minimum sentences in our sentencing framework. We are dealing here with repeat offenders who pose a particular risk to others and our communities, and the law and the courts should recognise this.
Finally, Amendment 37 deals with the test to be applied by an appellate court on any appeal against sentencing where the provisions of Clause 8 apply and a previous relevant conviction has been overturned. In any case where there was only one previous relevant conviction and that conviction was subsequently overturned on appeal, the criteria provided for in Clause 8(2) would not be relevant in the case of an appeal against sentence to which Clause 8(6) applies. Where the conditions requiring a court to impose a mandatory minimum sentence no longer apply after the fact, a court hearing an appeal against a sentence would be bound to quash it and pass a new sentence without regard to the provisions in Clause 8. Given this explanation, I hope that the noble Lord, Lord Ramsbotham, will withdraw his amendment and that the noble Baroness and the noble Lord, Lord Paddick, will support Clause 8 standing part of the Bill.
The Earl of Listowel
My Lords, I thank the Minister for his response. With regard to children and young people in local authority care, and young people leaving such care, might the courts not be given some guidance as to a more lenient treatment of them? I think we recognise the statistics on the high levels of children from care and care leavers in custody. We have a corporate parenting responsibility towards these young people. We know that over 60% of them enter care because of physical abuse or neglect on the part of their families, and that very few of them enter because of criminal or anti-social behaviour. Will the Minister consider giving guidance to the courts on our corporate parenting responsibility to these young people and, regarding their histories, should we consider giving them a more lenient approach in the courts?
Earl Howe
My Lords, the noble Earl has often and rightly emphasised the vulnerability of children in care and young people leaving care. I fully accept that point. However, as he has heard, the provisions under the 1933 Act constitute a very considerable duty on the court to look at the pertaining circumstances of a case. He will also know that the Sentencing Council provides exactly the kind of guidance to which he alluded. If there is any more I can say on that, I will be happy to write to him. I am sure that the Sentencing Council will not be slow to follow up on any proposal emerging from the provision in the Bill.
Lord Ramsbotham
My Lords, I support the noble Lord, Lord Bethell, in this, because so many things that were alleged about the inefficiency of various measures are unproven. For example, short sentences are said to be no deterrent. We do not know for certain, and therefore I support entirely a continuous review. We must have more data to be able to be more precise in the measures that we take.
Earl Howe
My Lords, I am grateful to my noble friend Lord Bethell for setting out the rationale for these amendments. I understand his intention, but I hope to persuade him that there will be adequate reporting of the use of the new powers in the Bill relating to corrosive substances without the need for statutory provisions such as this. Once the offences in this Bill are brought into force, the collection of data regarding corrosives offences will be much more accessible for police forces and will allow for a much clearer picture to be presented on the extent of corrosive attacks and the corresponding law enforcement response.
My noble friend may be aware that we are already working with the police to improve how offences involving corrosives can be better captured in police data to help understand the scale of attacks. We have submitted a joint application, with the National Police Chiefs’ Council, to the police data requirements group to establish a new data collection requirement with respect to corrosive attacks as part of the annual data requirement on all forces in England and Wales. Subject to agreement, these would allow for regular publication as part of the Office for National Statistics quarterly crime statistics.
In relation to Amendment 38, I simply point out to my noble friend that all government legislation such as this is subject to post-legislative review five years after Royal Assent. In the intervening period, there are the usual arrangements for scrutinising government policies and the operating of new powers such as contained in this Bill. For example, it will be open to my noble friend to table periodic Written Questions or initiate a debate.
Given these established methods, I am not persuaded that we need a bespoke duty to report annually on aspects of this Bill. I fully accept that this is a serious issue, but I hope I have provided my noble friend with sufficient reassurance on the action that we are taking to address it and that, accordingly, he will be content to withdraw his amendment.
Lord Bethell
My Lords, the Minister puts it very persuasively and I am happy to withdraw the amendment.
Wednesday 30th January 2019
(5 years, 10 months ago)
Grand CommitteeOffensive Weapons Act 2019 Read Hansard Text Amendment Paper: HL Bill 149-II(Rev) Revised second marshalled list for Grand Committee (PDF) - (29 Jan 2019)
This text is a record of ministerial contributions to a debate held as part of the Offensive Weapons Act 2019 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
“Sale etc of bladed articles to persons under 18
(1) In section 141A of the Criminal Justice Act 1988 (sale etc of bladed articles to persons under 18), in subsection (3) (articles to which the section does not apply)—(a) at the end of paragraph (a) insert “or”, and(b) omit paragraph (b) and the “or” at the end of that paragraph.(2) In Article 54 of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (NI 24)) (sale of bladed articles to persons under 18), in paragraph (3) (articles to which the Article does not apply)—(a) at the end of sub-paragraph (a) insert “or”, and(b) omit sub-paragraph (b) and the “or” at the end of that sub-paragraph.”Member’s explanatory statement
This new Clause would modify the offences of sale of a bladed article to a person under 18 in section 141A of the Criminal Justice Act 1988 and Article 54 of the Criminal Justice (Northern Ireland) Order 1996. Currently these offences do not apply to weapons to which section 141 of the 1988 Act applies and the new Clause would remove that exception.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, the purpose of the amendments in this group is to remove loopholes in the law relating to the sale of offensive weapons to persons under the age of 18. Amendment 40 amends Section 141A of the Criminal Justice Act 1988, which prohibits the sale to a person under 18 of knives, knife blades, razor blades, axes and other articles with a blade or sharp point made or adapted for causing injury.
The prohibition does not apply to weapons covered by Section 141 of the 1988 Act. Section 141 prohibits the supply of certain offensive weapons that are set out in secondary legislation. These include knuckle-dusters, push daggers and zombie knives, which are excluded from Section 141A on the basis that their supply, including their sale, is already prohibited and therefore the prohibitions on their sale to a person under 18 and their dispatch to a residential premise or locker is not relevant.
However, a significant number of exclusions and defences apply to the supply of weapons covered by Section 141. These include an exemption for antique weapons and defences for swords with a curved blade of 50 centimetres or more made before 1954 or by traditional methods and for sporting, re-enactment purposes and religious reasons. Given these defences and exemptions, it is possible that offensive weapons covered by Section 141 could be sold to a person under the age of 18. Amendment 40 therefore removes the exclusion of offensive weapons covered by Section 141 from Section 141A of the 1988 Act. Amendments 48 to 53 to Clause 19 are directed to the same end.
Clause 19 defines a “bladed product” for the purposes of the new offence of arranging delivery of a bladed product to a residential premise or locker under Clause 17. “Bladed product” excludes any weapons in an order made under Section 141 of the 1988 Act. It is therefore possible that offensive weapons covered by Section 141 could be dispatched to a residential premise or locker on the basis that they were covered by one of the exemptions or defences available to Section 141 articles—for example, if they were an antique or intended to be used for sporting purposes. Amendments 48 to 53 therefore remove the exclusion of Section 141 from Clause 19.
I hope that, with that explanation, noble Lords will agree that these amendments sensibly close a gap in the existing law and the provisions in Clause 19. I beg to move.
Baroness Hamwee (LD)
My Lords, I am glad as always to have the Government’s explanation for their amendments, and my comments are not about substance. Earlier in the Bill as well as on this clause, I found that I spent quite a lot of time going to and fro between Section 141, the order, Section 141A and so on. That is okay for us—it is our job—but one would not like to think of members of the public having to scour through all this to find out what sort of offensive weapon they might have. Will the Home Office give some thought as to how they can produce a Keeling schedule for the public?
Baroness Williams of Trafford
I can utterly appreciate the noble Baroness’s point. When I look at legislation, I have to refer to other legislation, and it can be a minefield, but such is the nature of legislation built up over time. The guidance will help people in that endeavour and, as I said on Monday with reference to another issue, it will be very helpful to members of the public in knowing exactly where the offences are and what aspects of the Bill strike out other aspects of legislation.
The Duke of Montrose (Con)
The noble Baroness was on her feet very quickly but I hope that I can still ask a question. As was said a few minutes ago, this is a bit like a Russian doll—you uncover one thing and it leads to another. Having been rather green on this subject, I would like to know where these exceptions are contained, as I cannot find them in Section 141.
Baroness Williams of Trafford
They can be found in regulations associated with the Acts I have just mentioned.
Lord Tunnicliffe (Lab)
I echo the remarks of the noble Baroness, Lady Hamwee. It is a problem throughout our legislative activity; this is bad enough but FiSMA 2000 is even worse, having been amended so often.
I hope that after the madness of Brexit has settled down, we can give some consideration to helping these debates by providing richer Explanatory Notes, particularly where a single theme is being carried through. However, we have no objection to the amendment.
Lord Judge (CB)
My Lords, I agree—particularly with the last observation made by the noble Lord, Lord Paddick.
Baroness Williams of Trafford
My Lords, as the noble Lord, Lord Paddick, says, these amendments return us to the debate we had on Monday about the proper construction of the offences in the Bill. We had a good discussion on Monday, and I will not cover the ground in the same detail as I did then.
Amendment 40A would alter the defence provided in relation to the sale of bladed articles. Section 141A of the Criminal Justice Act 1988 provides that it is an offence to sell, with some exceptions, articles with a blade or point to persons under the age of 18. It is a defence for a person charged with an offence to prove that he or she took all reasonable precautions and exercised all due diligence to avoid committing the offence. Clause 14 modifies the operation of the defence in relation to remote sales to include a number of conditions that must be met as a minimum. Amendment 40A removes the post-charge element of the defence and instead requires the enforcing agency to make a judgment whether the seller took all reasonable precautions before a charge is made.
I understand the noble Lord’s intention, but the defence provided in the Criminal Justice Act 1988 has been in place for quite some time. I am not aware of any problems or concerns with how the police, prosecutors and the courts apply the legislation. It has been in place for over 30 years, so it cannot be said that we are introducing a new construct into the criminal law.
Amendments 42A and 43F provide that failure to take all reasonable precaution in relation to the offence of delivering a bladed product to a residential address would be criteria to be taken into account before a person is charged. This is in contrast to the defence provided under Clause 18, which can be invoked when a person is charged with the offence.
Amendments 57B and 57C apply the same principles to Clause 20, which is concerned with the delivery of bladed articles sold by sellers based outside the UK. Clause 20 applies to delivery companies that have entered into an arrangement with a seller based abroad and provides that it is a criminal offence for a delivery company to deliver a bladed article into the hands of a person under 18. It is a defence for a person charged with an offence under Clause 20 to prove that he or she took all reasonable precautions and exercised due diligence to avoid committing the offence.
In practice, the enforcing agency—the police, the CPS or local authorities—will always consider whether the seller or the person who delivers the article has taken reasonable steps and exercised due diligence before bringing a charge. It would not be in the public interest to bring a prosecution if the enforcing agency considers that it is very likely the court will find that the seller had taken all reasonable precautions to avoid committing the offence. As I said before, this type of defence has been in place for some considerable time in relation to the sale of articles with a blade or point, and we are not aware of any issues in its operation.
In short, the approach taken in the Bill both in relation to knives and corrosives is well precedented. The existing law has operated for 30 years without difficulties, and it would further complicate the law and lead to confusion if we now adopted a different approach in the Bill. I suspect—as in the discussion on Monday—noble Lords will want to return to this issue, but for now I ask the noble Lord to withdraw his amendment.
Lord Paddick
My Lords, I am grateful to the noble and learned Lord, Lord Judge, for his brief intervention and to the Minister for her response.
The fact that the defence is similar to that in the Criminal Justice Act 1988, but contrary to almost every other piece of legislation on the statute book, including the Prevention of Crime Act 1953 which specifically deals with offensive weapons—that is, you are not guilty if you have a reasonable excuse for your actions—does not persuade me, I am afraid, that the Government are right in this case and that we are wrong. The Minister mentioned that the prosecuting authorities would not bring a prosecution if the person had taken all reasonable steps, but that does not stop the person being arrested and detained before that charging decision is made. The problem is still there. It is contrary to most criminal law on the statute book and it is the current legislation, rather than the amendment, that adds to the confusion. We will return to this on Report, but at this juncture I beg leave to withdraw the amendment.
The Earl of Listowel (CB)
My Lords, since our Grand Committee sitting on Monday we have heard from the police that they identify 10,000 children who are being exploited by organised crime to deliver drugs in county lines. This is newish and important information relevant to this debate as an important conduit for children to access knives. On Monday we debated mandatory sentences for children. We are hearing that children are being groomed to deliver drugs and are provided with weapons—not guns, but knives and so on. This may put a very different complexion on our debate. Will the Minister provide the Committee with a note before Report responding to this new information in the context of our discussions on mandatory sentencing for children?
Baroness Williams of Trafford
My Lords, I thank the noble Lord, Lord Kennedy, for explaining the trusted trader scheme. I hope to set out the context of the provisions of the Bill. I agree with the Committee that evidence is important to this end.
It is already an offence to sell a knife to somebody under the age of 18, but we know that some sellers are not doing enough to stop children buying knives online. Evidence from online test purchase operations shows that a worrying number of online sellers sampled failed to have effective age-verification procedures in place. Trading standards conducted two online test purchase operations in 2008 and 2009. A test purchase operation commissioned by the Home Office conducted in 2014 showed that 69% of the retailers sampled failed the test. This was a slight improvement on the exercise five years previously but showed that a large majority of online test purchases failed and retailers were breaking the law.
A further test purchase operation was carried out in December 2016. The results showed that 72% of retailers tested failed to verify the age of the purchaser at the point of accepting the order and only 19% went on to require further evidence of age and refuse the sale when the evidence was not produced. Recent test purchases targeting online retailers conducted in late 2018 under the Government’s new prosecution fund show that 42% of the retailers sampled failed the test and sold knives to persons under the age of 18. We have evidence that online retailers are selling to people under the age of 18.
Lord Paddick
Can the Government give any evidence about how many under-18s are buying knives online other than those people masquerading as being under 18 and carrying out test purchase operations?
Baroness Williams of Trafford
All the information I have is the test purchases. If test purchases show a failure in the system, that suggests to me that there is an ongoing failure in the system. It does not matter whether the person is actually 18 or is pretending to be; if the system is failing, the system is failing. If an online seller is selling to someone who says they are under 18, the system is failing and the Government are concerned by that. We know that test purchases show that under-18s are being sold knives. In most cases, it is not possible to determine whether the knife purchased is being used in crime, but we have evidence that young people say that buying a knife online is easy. That information was obtained when we were researching the knife-free campaign.
We know through the test purchases that the sellers are breaking the law and we hear the evidence from young people. With the provisions in the Bill, we are sending a clear signal to online sellers that their age- verification processes must improve. The fact that there is still a high rate of failure should be a matter of concern to noble Lords and tell us that the provisions in the Bill are needed. It is not enough for retailers selling remotely simply to ask the purchaser to tick a box to say that they are over 18. It is unacceptable when it comes to delivering the article simply to hand it over to a person without verifying their age or, worse, simply to push the package through the letter box or leave it on the doorstep without any checks about the age of the recipient. We know the tragic consequences of not having strong checks in place to prevent under-18s buying knives online, from the beginning of the transaction through to the end of the sale process.
I utterly understand the thinking behind the noble Lord’s amendment, but it would in effect transfer the responsibility for complying with the legislation and responsible sales from the seller to the Government, by requiring the Government to set out the details of the proposed trusted trader scheme, which would then allow for the delivery of bladed products to residential addresses. The scheme would require sellers to demonstrate that their age-verification systems and procedures, from the point when they receive the order to when their designated delivery company hands the item over at the point of delivery, are robust and that it is not possible that a knife will be handed to a person under 18. In the light of the results of recent test purchase operations, however, we are not persuaded that sellers can provide such reassurance in a systematic and consistent way. We believe that only by requiring age verification at the point where the item is physically handed to a person, at a dedicated collection point, is it possible to guarantee that a bladed product will not be handed over to a person under 18.
There is another point. Setting up, administering and overseeing a trusted trader scheme would create burdens of its own, although I accept the point made by the noble Lord, Lord Paddick, that it could be self-funding.
Baroness Williams of Trafford
I am sorry—well, I would have accepted the point. In addition, simply being part of a scheme or being in possession of a seal of approval as a trusted trader does not guarantee compliance with the conditions in the scheme. I hope that I have been able to set out the Government’s explanations—
Lord Paddick
I am grateful to the noble Baroness for giving way. She repeated something that she mentioned on Monday, which I questioned but did not receive a response on. Why is age verification at the point of handover at a delivery point likely to be more thorough or more successful than age verification at the point of handover at the front door of a residential premises? The noble Lord, Lord Lucas, suggested a scheme whereby the delivery agent would take a photograph of the driving licence or passport to show proof of age at the front door. I accept from what the noble Baroness has said that the age-verification process that online retailers put in place must be thorough and rigorous and that there must be penalties for those who fail to comply, but I do not understand the blanket ban on delivery to residential premises when people have carte blanche to order online and collect from what could be a local newsagent. Last week, I ordered something from Amazon and collected it from a convenient store where the people are very busy. I do not see what advantage there is, when it comes to age verification, for such an article to be handed over at a collection point rather than at the front door of a residential premises.
Earl Attlee (Con)
My Lords, I do not want to be unhelpful to my noble friend the Minister, but can she point to any cases involving knife crime where the knife was acquired online?
Baroness Williams of Trafford
I am sure that I could point to such cases if I had them in front of me. What I can point to is the evidence I have just given to the Committee that young people have said it is easier to buy knives online. I am not saying those young people are the ones going on to commit crimes, but the fact that it is easier for an under-18 to purchase online says to me that it is an easier route, should that person have criminal intent, to make that purchase online. I hope that is helpful to my noble friend.
The Duke of Montrose
Will the Minister tell us what sanctions have been imposed on people failing to obey the law in this way? It seems to me that there is plenty of scope for people to be charged. That will still apply. On the trusted trader scheme, perhaps the one point that has not been mentioned is that the designation could be taken away were there any doubt that somebody was not complying with the law, rather than having to go through some legal process that might deter people or make them more certain to check.
Baroness Williams of Trafford
I hope that I have outlined what the Government have found through these test purchase failings. They have improved over recent years, but there is undoubtedly a basic failure in the system of the online purchase. Regarding the sanction for current failures in the system, it is a criminal offence, although it has been shown not to be a terribly compliant environment. It is far easier to have robust arrangements in place at a central delivery point rather than on each and every doorstep. That is the thinking behind the delivery point rather than the residential address.
Lord Paddick
I am grateful to the Minister. There is no such thing as a central delivery point. When you ask for these articles to be delivered to a delivery point, they are all over the place. There are five within a mile of where I live—corner shops are the places where these items are being delivered. In support of that, does the Minister have any information on these test purchase operations? Specifically, how many of these knives were successfully delivered to somebody who appeared to be under the age of 18 at a residential premises, and in how many of the offences were the knives delivered to a collection point? This might provide the evidence that the Government seem to have that it is much safer for it to be delivered to a collection point than to the front door of a home.
Baroness Williams of Trafford
I have provided the detail on the test purchase failures. To return to my noble friend the Duke of Montrose on how many persons or companies who sold knives to under-18s have actually been prosecuted, I understand that there have been 71 prosecutions between 2013 and 2017 under Section 141A of the Criminal Justice Act. If I have any further information for the noble Lord, Lord Paddick, I will certainly put it in writing. I hope I have given a general overview of some of the failures within the system of the online sale.
Lord Lucas
My Lords, I am still at a loss as to why we have two systems in this Bill—Clause 4 and Clause 17 —applying to products which the Government say are equally dangerous. If we need Clause 17—prohibition of delivery to residential premises for knives—why are we not asking for that with corrosive products? What is the difference?
Lord Lucas
I am clearly reading Clause 4 wrong. It appears to permit delivery to residential premises. I am sure the noble Lord has read the clause better than me. It just appears to ask for age verification when it is delivered.
Baroness Williams of Trafford
The noble Lord, Lord Paddick, is right. I am very grateful to him because now I do not have to explain it.
Lord Kennedy of Southwark
I thank all noble Lords who have spoken in this short debate. I probably forgot to ask the Minister to meet a delegation of Sheffield MPs and businesses concerned before Report. I am sure she will.
There have been some really interesting figures in this debate. We have 424 million knives in circulation and 71 prosecutions of companies selling knives online incorrectly. If the Bill goes ahead, we will ban businesses operating in the UK selling knives online, but if they are based in France, Germany or the United States, it will be fine—off you go, no problem at all. That is some of the nonsense that we have here.
I respect the Minister very much, but I was disappointed by her response. I do not believe she has made the case for this. As other noble Lords have said, we are not convinced that this part of the Bill will do what it seeks to achieve. If that is the case, I would be very happy if it were not in the Bill at all. I moved this amendment because the industry is keen to avoid this ban and to have something else in place, and it has been working with Sheffield MPs on this. This amendment was put forward in the Commons and I have put it forward again today. This is not a scheme we have dreamed up.
These businesses sell niche products that are not available in most shops. If you go into a big shop, the knives in them are likely to have been made in China and elsewhere. These are businesses whose products have not been bought by high street retailers and which now survive by selling their products online. We are now going to make that harder for them without any particular evidence that it is causing problems. If you are going to go out and commit crime with a knife, where would you go? I would go to my knife drawer at home—I have a load of knives in there. That is what people would do. I do not believe that people are buying these knives online to commit crimes. As the noble Lord, Lord Paddick, said, they would be creating an evidence trail if they are then hauled up. For me, that is a problem.
Baroness Williams of Trafford
I hope the noble Lord will not mind if I intervene on that point. He is right that, if you want to commit knife crime, you could go to your kitchen drawer and probably get a fairly effective weapon out of it. But that is not the nub of this legislation or of what we are trying to achieve. There are a number of interventions we are trying to make. I think I explained right at the outset when I introduced the Bill that no one intervention is going to solve the problem in and of itself. It is the range of measures that we have in place, including this legislation, that we hope will reduce what has become a scourge in society which is blighting the lives of young people.
Lord Harris of Haringey (Lab)
My Lords, I should first declare an interest as chair of National Trading Standards which is a recipient of Home Office money and was responsible for the test purchases that have been talked about. However, I do not intend to comment on the detail of those test purchases—partly because I have not been briefed on them—but to make a specific point on the comment of the noble Lord, Lord Paddick, about creating an evidence trail.
One of the issues of concern is young people who decide they need to carry a knife notionally for their protection. It is not that they intend to use it, but they carry it for their protection and unfortunately it then gets used. One has to be particularly concerned about that category of person. They may well have a careful parent who would notice the disappearance of a knife from a knife drawer, or they may believe that they would be stopped or other social pressures be applied if they tried to get one in a way other than online; they would therefore be attracted to the online route. So while this particular mechanism may or may not be the most effective way of dealing with it, this is the category of person one should be concerned about. It is about dealing not with those who are intent on committing knife crime but those who seek to have a knife that no one else knows about, which they can carry with them, because they think it will defend them.
Baroness Williams of Trafford
The noble Lord makes a very good point. Young people are being forced to carry knives for protection. We have an awful situation where young people become both victims and perpetrators of knife crime, both in self-defence and, perhaps, more maliciously. I thank him for making that point.
The Earl of Listowel
I wonder how the Minister can say that young people are forced to carry knives for their own protection and, at the same time, bring in mandatory prison sentences for children who carry knives. There does not seem to be much consistency in that. I do not expect the Minister to respond but, if children are feeling forced to carry knives in fear for their own safety, how can one introduce mandatory prison sentences—they have already been introduced— for children who carry knives? It seems a bit of a puzzle to me.
Baroness Williams of Trafford
The challenge is to get to a situation where children do not feel they need to carry knives for their protection or in order to attack others.
Lord Kennedy of Southwark
I thank my noble friend for that point, although I am not sure that I agree with him.
As I was saying, I do not believe the Government have made their case on this. We have seen 71 prosecutions and the evidence here. There are issues with knives and we all want to see knife crime reduced. This is the classic case of the Government using a sledgehammer to crack a nut.
The Minister nodded to say that she would be happy to meet the Sheffield MPs and knife manufacturers. This is about the high-end, niche manufacturers who do not, or very rarely, sell their products in UK stores any more but almost wholly online. We will potentially damage their businesses but, at the same time, allow firms abroad to sell here with no restrictions whatever. That is regrettable.
I will leave it there for now. I will bring this issue back on Report—I guarantee that—but before then we can have that meeting and try to persuade the Government to look at this again. I beg leave to withdraw the amendment.
Lord Tunnicliffe
I want merely to thank the noble Lord, Lord Lucas, for putting forward a proposition which means that the Government have to give a comprehensive answer to it.
Baroness Williams of Trafford
I would hope the noble Lord thinks the Government always try to give comprehensive answers to things raised.
Moving swiftly on, Amendment 42 would in effect extend the offence created by Clause 17, which is concerned with the delivery of bladed products to residential premises, to any UK-based company that assists in the process between the sale of the item over the internet and the delivery of the item to the buyer where they provide fulfilment functions. I will take a minute to explain fulfilment functions.
We understand what my noble friend is referring to: activities such as stocking, dispatching the order, customer service and returns for sellers outside the UK. In the Bill, the word “seller” carries its normal meaning and is therefore unlikely to cover circumstances where an overseas seller uses a platform in this country to complete or facilitate the transaction, if the company here is not involved in its actual sale. The offence created by Clause 20 is intended to address the issue of overseas sellers. The Government are of the view that it would be a step too far to apply Clause 17 to companies that provide a fulfilment function but are not themselves the sellers. The Government expect that companies facilitating sales online will make sellers who use their platforms aware of the legislation in relation to the sale of knives in the UK, but it is not in their power to compel a seller based abroad—or in the UK, for that matter—to comply with the legislation. They can, of course, remove the seller from their platforms if they fail to comply with UK legislation. I hope that they consider doing so, as sellers that do not comply with the law will damage the reputation of their company.
This does not mean that sellers based abroad, whether they use online platforms or sell directly, will not be affected, albeit indirectly, by the provisions in the Bill. We cannot enforce legislation on to sellers based abroad, and that is why Clause 20 introduces an offence for a delivery company to deliver a bladed article into the hands of a person under the age of 18. Where a platform provides a fulfilment function relating to delivery, Clause 20 may apply to them.
Amendment 54 seeks to introduce measures to ensure that imports of bladed products from sellers based abroad are subject to checks. This is achieved by introducing a licensing scheme for bladed products as defined in Clause 19. The scheme would require importers to have a licence. The amendment would therefore have the effect of limiting the number of persons who would be able to import these items. At the moment, anyone can buy bladed products from abroad. However, if a licence were required, only licensed buyers would be able to import these items.
I believe that the amendment—the noble Lord, Lord Paddick, was quick to click on to this—has been modelled on the registered firearms dealer scheme. However, as the noble Lord pointed out, there are significant differences between firearms and bladed products, as bladed products have much wider application. Whereas it is desirable to have a control mechanism to ensure that only authorised persons can import firearms, I am not persuaded that it would be proportionate to introduce a similar scheme for bladed products. Everyday products present in most households, such as a wide range of knives, gardening tools and the like, are capable of being bladed products. These items can be purchased in the UK freely without a licence, provided that the buyer is over 18.
The Government’s intention is not to stop people buying bladed products or bladed articles in general. We want only to stop these items being sold and/or delivered to people under the age of 18. In relation to remote sales, the Bill already provides for measures to achieve this aim. It does this in relation to domestic sales through the provisions in Clause 17 and in relation to sellers based abroad through Clause 20. A licensing scheme is likely to place burdens on sellers and, either directly or indirectly, on local and central government, which will need to provide administration of the scheme and monitor compliance.
My noble friend is rightly concerned about whether the Bill provides adequate provisions to prevent bladed articles from sellers based abroad being delivered to persons under 18. I believe that the provisions in the Bill are adequate to achieve this end. I state again that we cannot enforce the legislation against sellers based abroad, but we can place the onus on the person who delivers the merchandise here. That is the reason why Clause 20 introduces an offence for a delivery company to deliver a bladed article into the hands of a person under the age of 18. If a bladed article is being delivered on behalf of a seller based abroad, the delivery company has the responsibility to ensure that the item is not handed over to a person under 18, whether the item is delivered to a private address or to a collection point.
Finally, Amendment 57 is concerned with the online sale of bladed articles by sellers based abroad. It would prevent bladed articles from being delivered to under-18s by ensuring that the deliverer takes adequate precautions to ensure that this does not happen. As I indicated, we cannot apply Clause 17 to sellers who are beyond the jurisdiction of UK law and our courts. Sellers based abroad may not be able to determine when they sell a bladed article whether the delivery address is residential or business or whether the seller is under 18—indeed, they may not care. That is why Clause 17 will not apply to sellers based abroad.
The Government consider that it is fair and proportionate to adopt a different approach in relation to delivery of items from sellers based in the UK. In the case of UK-based sales, the Clause 17 offence is committed by the seller, not the person who delivers the article. We think that this is a sensible and practical approach, which will go further in restricting the sale of these items to under-18s. Clause 20 deals specifically with sellers based abroad and the offence is committed by the person who makes the delivery in the UK, who, in this instance, will be the person within the jurisdiction of the UK courts. This addresses the perennial problem of tackling illegal sales made by those based abroad who can otherwise circumvent the intent of our domestic legislation.
Lord Garnier (Con)
Clause 20(1)(d) requires that,
“that person was aware when they entered into the arrangement that it covered the delivery of bladed articles”.
Is there any provision which requires a foreign exporter of bladed instruments to identify on the outside of the packaging what is inside it so that nobody can be in any doubt that what is being posted from, let us say, Holland is a knife with a 10-inch blade? If it says on the outside of the packet, “This is a butter knife”—subject to one believing the description on the label—that might prevent a number of the problems that we seem to have been discussing. It seems fairly simple to stick a label on the outside which places the burden on the original seller, makes the importer or functionary aware of what they are handling and makes the postman or parcel deliverer to the address or corner shop concerned equally aware of what is going on. It could not cost very much to stick a label on.
Lord Lucas
My Lords, as usual, I need educating. How is even a British business to know that a particular address is residential? What source of information do the Government expect a seller of knives to use to establish whether, for instance, 1 Lavender Hill SW11 is a residential or business address, particularly when in such a location there is probably a shop on the ground floor and flats above? What source of information will be reliable and satisfactory in a prosecution for someone to demonstrate that they believed reasonably that it was not a residential premises?
Baroness Williams of Trafford
We had that debate on Monday, but I am happy to go over it again. On my noble and learned friend’s point about labelling bladed products, it would be very good practice if foreign sellers did that, but we do not have the legal jurisdiction to make them do it.
Lord Garnier
I am sorry to be tiresome and to interrupt yet again. We could prevent the import of a parcel or the continuance of its progress if it arrived at Dover, Felixstowe or wherever it might be with no label on. It could then be held up. If on the other hand it said on the outside, “butter knife”—assuming that we could trust the writer of the label—or “hand grenade” or “sharp knife”, the answer seems self-evident.
Baroness Williams of Trafford
My noble and learned friend would have a very good point if it was clear that the object contained in the package was a knife. It becomes a lot more difficult where it is not clear what is in the package. I do not disagree with him that it would be good to label such packages, but we cannot compel foreign companies to do it and it might not always be clear what is in the package to stop it at the port. My noble friend makes a very practical suggestion—I am sorry to be the blocker of practical suggestions—but that is the explanation.
My noble friend Lord Lucas asked how one proves an address—we went over that on Monday a couple of times. There are various ways in which a seller can ascertain whether a premises is used as a business. The buyer could provide evidence that their house was registered for business purposes or confirmation in writing of their business entity and that their business was run from home.
Lord Kennedy of Southwark
I think the Minister referred to premises that are registered for business purposes. That could be a home, could it not? If I work from home, knives could be delivered to my home.
Baroness Williams of Trafford
The noble Lord is right that a house could be registered for business purposes because it could be a business. I think we went through that on Monday. Clause 20 creates an offence relating to overseas sales, with the focus on ensuring that the delivery company does not deliver a bladed article into the hands of a person under the age of 18. I think that was all I was going to say on the subject and the amendments. I know that the foreign company versus the UK company issue will come back again and again, but I hope the noble Lord will be happy to withdraw his amendment.
Lord Kennedy of Southwark
On that point, this is very anti-British business for no obvious reason or benefit for anybody concerned. If I were a German company or a French company, I would be delighted with this legislation.
Baroness Williams of Trafford
The noble Lord will know that the last thing this Government want to do is to make things difficult for British companies, but we want to clamp down on some of the terrible effects of knife crime.
Lord Lucas
My Lords, the Government have certain contradictions in the way they are approaching this. Suppose a Dutch company sells a knife to a residential address. It drops it into the post, nicely wrapped as a parcel with nothing on the outside to indicate what the contents are. Who puts the contents of a parcel on the outside? I cannot recall when a package came to me containing something I had ordered over the internet which said obviously on the outside what was on the inside. The Royal Mail, which looked at this, has no ability to know that the parcel contains a bladed product. The only point at which it becomes possible to know that is at the point of importation.
I know the Government have systems—and I know what they are, but I am not going to describe them in public—for preventing the importation of weapons, firearms in particular, which would apply very nicely to the importation of knives. That is the point at which we as a country know that there is a knife, and since the Government have oversight of the process through which it is being imported, that is the point at which they can establish whether the address is likely to be residential premises. If we want this to be an effective prohibition against a company abroad sending a knife to a residential address here, we need to give those authorities the power to confiscate the knife at that point. I propose one way of doing that, and there are surely many others, but we absolutely need to do it.
The other way in which an overseas sale can get into residential premises is if I apparently order from a website abroad. That website abroad telegraphs its fulfilment house here and someone in that fulfilment house takes the knife out of a box, puts it in a package, addresses it and pops it into the post. There we have someone absolutely within our jurisdiction who knows that it is a knife and who should know that the premises are residential, but we are not catching them. We cannot expect the poor old postman to know what is in the package. We have two very good opportunities to intercept knives and other bladed products coming in from abroad. I do not mind how the Government achieve that, but it is so easy to get knives from abroad. If someone really wants to get a knife delivered to residential premises all they have to do is order it from overseas and it will happen without interruption because sellers will organise themselves so they do not get their delivery agents into trouble. They will just use the Royal Mail. These are small items that do not require special delivery and fit through postboxes.
The amendments show that there are good, easy, efficient and effective ways in which the Government can get a bite on the main streams of supply from overseas agents. As my noble friend said, overseas agents will respond by sticking a label on the outside. If that is what they are asked to do, and if that is what it takes to get it through customs, that is fine—in supplying all over the world, they are used to customs regulations. This is not hard or expensive for us to do; it is easy, and it is the only thing that makes sense of the Government’s interest in stopping the ordering of knives over the internet. If we stop only UK sellers and leave the door wide open to overseas sellers, we are not achieving anything other than obstructing UK business.
Baroness Hamwee
I shall speak also to Amendments 43E, 63A, 63B, 64A, 65A, 65B, 65C, 65D, 65E and 65F. This takes us back to community sentences. We debated their value and the problems associated with short custodial sentences extensively on Monday. I do not want to rerun all the same points today on Clauses 17, 22, 23 and 24, although I have noticed that Clause 23 brings in the possibility of an indictment where the term would be much longer. To the extent that that is relevant to this discussion, it strengthens my view that seriousness can be reflected by the prosecution being sent up to the Crown Court. The Minister directed the Committee to Section 150A of the Criminal Justice Act 2003 reminding us—or in my case, informing me—that a community sentence can be imposed only if the offence might attract a custodial sentence. I would say that was game and set—or some other sporting analogy—but I am not sure it is quite yet match, at least not until I am convinced that this is a good way of going about sentencing as there is a much wider issue behind this.
Section 150A does not apply if Section 151(2), which confers power to make a community order, does apply. Section 151 is about community orders for persistent offenders previously fined. Am I right in thinking that this is not yet in force? Has it been shelved? Is there an intention to review it? More widely, does the Minister accept that, given the potential value of community orders, the generally acknowledged problems with short custodial sentences and the state of our prisons, it would be a good move to review Section 150A as she explained it on Monday? I beg to move.
Baroness Williams of Trafford
My Lords, this group of amendments echoes one of our debates on Monday; namely, whether it is appropriate to provide for custodial penalties of less than six months’ duration for certain new offences in the Bill. It will not come as a surprise to the noble Baroness to learn that I remain unpersuaded of the case for replacing custodial sentences of up to six months with community sentences for the knife-related offences in the Bill. As we have already discussed in Committee, we all know that the impact of knife crime on society is devastating. Young people getting hold of knives by using remote sales can have tragic consequences if they go on to use the weapon for a crime. The possession of prohibited weapons is and should be a serious offence. The Government believe it is proportionate and fair that those committing these offences should expect robust sentences.
The noble Baroness will recall that I explained on Monday that community sentences cannot be set as a maximum penalty for an offence as, under the Criminal Justice Act 2003, community sentences are available only for offences which are imprisonable. In providing this maximum custodial penalty, we are providing the courts with a range of penalties. This gives courts the option to impose a custodial sentence, a community sentence, and/or a fine as they deem appropriate, having regard to all the circumstances of the offence and the offender. I know that the noble Lord, Lord Kennedy, welcomes this flexibility and the range of sentencing options which we considered earlier in the week.
As I mentioned on Monday, there is also the requirement under the Criminal Justice Act 2003 that the court has to be satisfied that the offence is so serious that only a custodial sentence can be justified. I therefore remain confident that the courts will sentence offenders appropriately, taking into account the circumstances of the offence and the offender. Where a custodial sentence is justified, they will impose it, but where a community order would be better for punishment and rehabilitation, while protecting the public, then nothing in our provisions prevents that.
The noble and learned Lord, Lord Judge, is not in his place, but he said on Monday that,
“some short sentences do some good because they punish the offender”.—[Official Report, 28/1/19; col. GC 169.]
I wholeheartedly agree with that sentiment, and we should not now be depriving the courts of the full range of sentencing options.
The noble Baroness, Lady Hamwee, asked whether the provisions of the Criminal Justice Act she referred to are in force. I will have to write to her on that specific question, if she is amenable to that. On that note, I ask that she withdraw the amendment.
Baroness Hamwee
I would expect the Minister to answer no less. She started by saying that I would not be surprised by the Government’s response, and she will not be surprised to hear that we are not persuaded either.
I accepted what she said about Section 150, which is why I looked it up and spent the usual frustrating few minutes trying to work out whether something that applied to it was in force or not. I think it is not, which is why I took the opportunity to ask the question. My overall question is whether it would be a good move to review Section 150A and bring that part of our attitude to sentencing up to date. But we clearly cannot pursue this any further today and I beg leave to withdraw the amendment. I will, however, ask the Minister to accept that I have fulfilled my undertaking to be very quick—the clock had not even reached one minute by the time I had finished.
Baroness Williams of Trafford
My Lords, I am grateful to the noble Baroness, Lady Hamwee, for setting out the amendment in the name of her noble friend Lord Paddick. As we have seen from earlier debates, these are complicated provisions but unavoidably so, I am afraid. She wants to know two things: first, how the buyer can know what purpose the bladed product will be used for and, secondly, why the provision relating to the adaptation under Clause 18(3) differs from that for design and manufacture under Clause 18(2). I hope to be able to provide some clarity but perhaps I may first summarise what we are talking about.
The defences at subsections (2) and (3) of Clause 18 are aimed at allowing the dispatch of bespoke, handmade knives to a person’s home address. One issue that came out clearly from the consultation is that there is a significant number of makers of handmade knives. These are often individual tradespersons who make specialist knives for individual buyers. The most commonly cited example, which the noble Baroness gave today, is chef’s knives, which are made or adapted to specifications provided by the chef—for example, on the length or shape of the blade, or the weight of the handle. Such handmade bespoke knives are very expensive and, in most cases, there is a relationship between the seller and the buyer, which means there is no risk of these knives being sold to a young person. We therefore wanted to allow such knives to continue to be sent to the buyer’s home address.
Clause 18(2) covers where a buyer asks a seller, who in such cases is also likely to be the manufacturer, to design or make specific knives to specifications that they have provided. This would cover where a chef, for example, asks the seller to make them a set of knives to very specific specifications. The seller in these cases will often have a relationship with the buyer and it should be easy for the seller to prove that they are making the knife to specifications, because they will have correspondence with the buyer setting out the requirements.
Clause 18(3) covers where the buyer wants an existing knife adapted to meet specific specifications—for example, where a chef wants a blade shortened or changed in shape or where they want the handle changed, or where a disabled person wants changes to a knife so that they can use it—and these changes are to enable the knife to be used for a particular purpose, such as catering, outdoor pursuits or other activities. Again, in these cases the seller will often have a relationship with the buyer and they will easily be able to evidence that the bladed product was adapted in accordance with specifications of the buyer and the purpose for which it was going to be used, because this would be part of the conversation or communication on which adaptations to make. For example, the maker would know that the knife was needed for gutting fish—that issue was raised the other day—or because the buyer had one hand and needed it for sawing branches, as that would be part of the decision on what changes needed to be made. The purpose of Clause 18(3)(b) is to exclude the etching of a person’s name on a bladed product, as we did not want to provide a defence for bladed products where the only adaptation to the product was the engraving of words on, or similar superficial adaptation to, the product.
I hope that, in light of that explanation, the noble Baroness will be content to withdraw the amendment.
Baroness Hamwee
My Lords, the Minister’s last point about engraving a name had not occurred to me, although I do not quite see how it is distinct from the situation under subsection (2), where you might ask for a product to be manufactured with the specification of adding your name. I will go through what the Minister said, but for the moment, at any rate, I beg leave to withdraw the amendment.
Baroness Williams of Trafford
My Lords, I thank my noble friend Lord Lucas for outlining his amendments. Amendments 45 and 46 are intended to bring weapons such as stilettos and—as he mentioned—knitting needles within the definition of “bladed product”. We have deliberately not defined the word “cutting” in the Bill. It will carry its normal meaning. The Oxford English Dictionary defines the verb “to cut” as, among other things, to,
“make an opening, incision, or wound in (something) with a sharp-edged tool or object”,
and to,
“trim or reduce the length of (grass, hair, etc) by using a sharp implement”.
The normal meaning is therefore capable of capturing a wide range of items with which cutting, in all its ordinary meanings, can be done, including knives, scissors, axes, machetes and the like. It follows, therefore, that items such as stilettos, knives or daggers are already caught by the definition of “bladed product” in the Bill because they have a blade and are capable of cutting the skin.
Lord Lucas
My Lords, perhaps I may address that particular point in relation to Section 139 of the Criminal Justice Act 1988, which refers to,
“any article which has a blade or is sharply pointed”.
Clearly the drafters of that clause felt the need to define “or … sharply pointed”. In other words, something that is sharply pointed does not have, and is not, a blade. It is essential that in Clause 19(1) the object we are talking about is, or has, a blade, whereas Section 139 clearly differentiates between an object that has a blade and an object that is sharply pointed. I do not see how we can have at the same time in legislation one clause that says these two things are separate and another which maintains that they are the same.
Baroness Williams of Trafford
I hope that I will get some inspiration from behind me in the course of what I am going to say. I started by saying that items such as stiletto knives or daggers are already caught by the definition of “bladed product” in the Bill, because they have a blade and are capable of cutting the skin. There is, therefore, no need to add a further reference to piercing the skin, which would be the effect of my noble friend’s amendment. I note that he has clarified that his concern is to ensure that the definition covers “weapons such as stilettos”. I hope he will accept that the definition in the Bill is already sufficient to capture stiletto knives. I do not think that he has in mind stiletto heels—or does he?
Baroness Williams of Trafford
That is good. These would not fall within the definition in the Bill as they do not generally have a blade. It is our intention that the definition of “bladed product” excludes those articles with a blade that are unlikely to cause serious injury if used as a weapon. They might include cutlery, fans and lawnmowers—which he mentioned—among other things. We believe that it is unlikely that such items will be procured by persons under 18 to be used as weapons. We also want to exclude articles that can cause serious injury only other than by cutting, for instance when used as a blunt object. Ultimately, it will up to the courts to determine whether an item is or has a blade and is capable of causing serious injury by way of cutting the skin. However, we will issue guidance in consultation with the police and business to provide further clarity on this and other provisions in the Bill.
Perhaps I might add that Amendment 46 highlights the risk of including an indicative list of examples in legislation, which brings complications of its own. For example, one might ask why the list includes screwdrivers but not chisels, or lawn mowers but not hedging shears and so forth. It is better, I suggest, to leave it to the police, prosecutors and the courts, supported by the guidance to which I have referred, to determine relevance in the circumstances of each situation.
This leads me to Amendments 44, 47, 55 and 56, which would change the types of articles to which Clause 20 applies from “bladed articles” to “bladed products”. My noble friend Lord Lucas has rightly asked why, in Clause 20, the term “bladed articles” is used rather than “bladed products”. A bladed product is defined in Clause 19 as,
“an article which … is or has a blade, and … is capable of causing a serious injury to a person which involves cutting that person’s skin”.
“Bladed article” is defined by Clause 20(11), in the case of England and Wales, as an article,
“to which section 141A of the Criminal Justice Act 1988 applies”.
My noble friend referred to this.
Section 141A applies to: any knife, except a folding pocket knife with a blade of three inches or less; any knife blade; any razor blade, except those permanently enclosed in cartridges; any axe; and any other article which has a blade or which is sharply pointed and which is made or adapted for use for causing injury to the person. “Bladed article” therefore captures a wide range of articles with a blade from kitchen knives to cutlery knives, scissors, and so on. This is the language used in the Criminal Justice Act 1988 in relation to the sales of knives and possession offences. “Bladed product” refers to a smaller set of items with a blade: those which can cause serious injury by cutting the skin, as defined in Clause 19. The effect of Amendments 44, 47, 55 and 56 would therefore be that the range of articles to which Clause 20 applies would be smaller than is currently the case in the Bill.
I hope that my noble friend is reassured by the provisions in Clauses 17 to 20. If a bladed article is delivered on behalf of a seller based abroad, the delivery company has the responsibility to ensure that the item is not handed over to a person aged under 18, whether the seller uses a marketplace platform or sells direct, or whether the item is delivered to a private address or a collection point. As I said earlier, we cannot enforce legislation against a seller who is based abroad but, in this instance, we have the ability to place the onus on the person who delivers the merchandise here to ensure that they do not deliver a bladed article into the hands of a person aged under 18.
The noble Lord, Lord Kennedy, asked about the business impact. I concur with him that we should be concerned about the impact on British businesses. We have published an impact assessment alongside the Bill, which can be found on the Bill’s page on GOV.UK.
Lord Kennedy of Southwark
So would this not have gone to the Better Regulation Executive to look at?
Baroness Williams of Trafford
In terms of better regulation, I do not think that it has but I will double-check before Report. It probably has not.
The noble Earl, Lord Listowel, asked about the position in other countries and the approach we have taken. Of course we always learn from other jurisdictions, and I hope that they learn from us, but we must legislate as we consider it appropriate to address the position as we find it in this country. Regarding the problems underlying drug addiction, we will come on to that when we reach Amendment 63 in the name of the noble Baroness, Lady Meacher, who I do not think is in her place at this point.
I want to make one final point about articles with a blade or point: we do not want to capture items such as screwdrivers and crochet needles because they are not usually used for harm—that is not to say they are not used for harm, but not usually. Hence we are referring to “blade” and not “sharp point”. I hope that, with those explanations, the noble Lord will withdraw his amendment.
Baroness Hamwee
Before we get to that point, the Minister has mentioned guidance, which will certainly be very welcome. Can we be assured that the practitioners—I do not mean those with real knives, but those in the criminal justice sector, prosecution, the Bar Council, police and so on—are consulted about how the guidance is presented? I can see a nod at that. That will be very helpful.
I cannot help observing that whoever gave the Minister the note about crochet needles is not someone who uses them, because they have a curved end.
Member’s explanatory statement
This amendment and the Minister’s amendments at page 19, lines 16, 21, 22, 30 and 31 would modify the offences relating to delivery of a bladed product in Clause 17. Currently these offences do not apply to weapons to which section 141 of the Criminal Justice Act 1988 applies and the amendments would remove that exception.
The Earl of Erroll (CB)
My Lords, I am sorry to have missed a bit; the Committee may have dealt with this. On overseas and online sales, on Monday I mentioned Amazon. I have confirmed that Amazon is an international seller. It is headquartered in Ireland and qualifies as such, but the delivery mechanism is within the UK. Apparently, that is a clear ruling from elsewhere so there is a big problem, as the noble Baroness has just said. I was also told, because I was chairing a meeting on the subject, that retailers are now dropping the sale of ordinary kitchen knives and such things. It is just too difficult. They will drop all sorts of other household products if they think they might fall under the Act. It will just cause great inconvenience for UK households.
Baroness Williams of Trafford
I thank the noble Baroness for outlining her amendment. I understand that its purpose is to probe the meaning of Clause 20(3). Obviously, we will have a discussion before Report and I am happy to discuss the unwillingness of companies, but I go back to the first group of amendments, where I outlined the failing in the system of test purchases.
Clause 20(3) sets out when a seller, other than an individual seller, is to be regarded as outside the UK. Where an overseas seller is an individual, it is relatively easy to establish that they are based overseas, but where a seller is a company it might not be so obvious where they are based. For example, the company might operate mainly from China, where its headquarters are based, but might also have offices and shops in the UK.
The provision is constructed so that a company selling bladed articles is considered to be based outside the UK only when the business is not conducted from premises in any part of the UK—that is, where the company is based solely overseas and does not sell articles in this country. If the seller conducts the business in any part of the UK, it would be subject to the provisions in Clause 17 and prohibited from dispatching bladed articles to a residential premises or locker. I hope that that explanation helps the noble Baroness.
Lord Lucas
My Lords, I hear what the Minister says, but this would not cover Amazon, because at the moment the selling is done from abroad.
Baroness Williams of Trafford
I do not agree with the noble Lord on that point.
Lord Lucas
Well, my Lords, perhaps we could enter into some correspondence about that. What Amazon does in this country is the fulfilment; the selling is done from Ireland or Liechtenstein, but certainly not from within this country. We need to be clear that these activities can get split, particularly in the case of big companies. The whole action of selling the knife, preparing it for delivery and delivering it is what should be considered as selling it, not just the technical act of selling.
Viscount Goschen
My Lords, I draw to the Committee’s attention that that this type of knife is often contained in a multi-tool type product, for which there are numerous applications. Motorists, hobbyists, farmers and all sorts of people regularly carry them. They often have small blades which, because of the multiplicity of functions within the product, are accessed by a knob or protuberance of metal. It would be regrettable if such products were caught by accident within the clause.
Perhaps I may ask the Minister a question to which I would be happy for her to reply in writing—it refers to something that we have recently passed. If an individual were to steal a knife from a shop, would they be considered to be guilty also of being in possession of that knife, of carrying it? If not, I suggest that it might be looked at in regulations and that the law should consider it a more serious offence than stealing something of the equivalent value of a Mars bar or some other food item, but it is a technical point.
Baroness Williams of Trafford
I thank my noble friend for clearly outlining the intention of his amendments. On Amendment 61, I say from the outset that it is not the intention of Clause 21 to prohibit knives that can be opened manually. The types of knives covered by the legislation are those which can be opened automatically, from either a closed position or a partially opened position to the fully opened position. The legislation makes no reference to knives that can be opened manually and therefore those knives that can be opened with one hand using pressure from the thumb on a small protuberance, usually known as a thumb stud, do not fall under the legislation.
Amendment 62 would exempt folding knives which may be locked into position when fully extended, provided that the blade is less than three inches long. In responding to this amendment, it may assist the Committee if I briefly outline the current legislation regarding possession of bladed articles. Section 139 of the Criminal Justice Act 1988 makes it a criminal offence to carry a knife in a public place, except for folding pocket knives if the cutting edge of the blade does not exceed three inches. Section 139(4) and (5) of the 1988 Act provide a good reason or lawful authority defence for persons to have the article with them in a public place. In addition, and without prejudice to the generality of this defence, there are specific defences where the bladed article is for use at work, in a person’s possession for religious reasons, or is part of a national costume. Therefore, if a person needs to carry a folding locking knife owing to the nature of the activity to be undertaken—for example, to participate in outdoor activities such as fishing—they can avail themselves of one of the defences provided in the legislation.
Baroness Williams of Trafford
Sorry, may I intervene? I have been referring to the noble Baroness but I meant my noble friend.
Lord Lucas
I am very grateful—whoever I may be —to receive that answer, which, in respect of Amendment 61, was all the comfort I could have asked for. Like the noble Baroness, Lady Hamwee, I have the greatest difficulty in understanding how a person with one hand can open a modern milk bottle. There are greater tests than opening a pocket knife. I understand what my noble friend says about folding knives that can be locked open, but one very much relies on the police to take a sensible attitude to the necessary prevalence of these items among people who use knives for a purpose. I beg leave to withdraw the amendment.
Baroness Williams of Trafford
I thank the noble Baroness, Lady Meacher, for affording us the opportunity to discuss her amendment and to outline the Government’s approach to tackling that combined problem of drug misuse and knives. Noble Lords will have heard the noble Lord, Lord Hogan-Howe, talking about the link between knives and the growth of the drugs market. It is absolutely right that she has tabled this amendment. I pay tribute to all the work that she has done in this area and to the work done by the charity of the noble Baroness, Lady Chisholm, to divert vulnerable women from prison.
Clause 22 prohibits the possession in public and private of flick-knives and gravity knives. A person guilty of this offence is liable on summary conviction to imprisonment for a term not exceeding six months’ imprisonment, a fine or both. However, under this amendment, a person who is dependent on drugs would have charges dropped if the police refer the person to treatment and the person complies with the rehabilitation treatment. It is worth noting that Clause 25 prohibits the possession in private—the possession in public is already a criminal offence—of offensive weapons to which Section 141 of the Criminal Justice Act 1988 applies, for example push daggers and zombie knives.
The aim of this amendment is that a person who is addicted to drugs would have charges for possession of a flick-knife or gravity knife, but not any other prohibited knife, dropped if the police refer such a person to treatment and the person complies with the rehabilitation treatment.
I know the noble Baroness and others are keen, as we all are, to deal with the underlying issue where offenders have a substance misuse problem. We will not break the cycle of offending unless we do just that. She and other noble Lords said that. I assure the noble Baroness that the Government are already taking action to address the links between drug misuse and offending. A key aim of the Government’s Drug Strategy 2017 is to take a much smarter approach to drug-related offending to address the drivers behind the crime and prevent further substance misuse and offending.
The police have a range of powers at their disposal to deal with drug-related offences in a way that is proportionate to the circumstances of the offender and the public interest. This includes the appropriate use of out-of-court disposals. We continue to encourage wider use of drug testing on arrest to support police forces in monitoring new patterns around drugs.
Baroness Meacher
The West Midlands police and crime commissioner made the point that the police do things almost outside the law, if you like, but it is quite uncomfortable. They want a change in the law to make it clear that the right thing for the police to do is to get drug-addicted young people into really good services that will move them on and get them right away from the illegal drug market. I do not think it is okay to say that the police are doing things—even though they are—because they are not really happy about it. They want the Government to lead.
Baroness Williams of Trafford
We have to get the balance right between protecting vulnerable people from becoming further involved in drugs or crime generally and criminalising some of the people who caused them to get into that life in the first place, which may involve drug abuse.
I shall outline some of the things the Government are doing, which go right to the heart of what the noble Baroness is talking about—early prevention, intervention and treatment. Noble Lords will have heard me talking about the Home Secretary’s commitment to a public health approach to drugs, taking into account all the resources that different agencies have at their disposal to tackle such problems. The noble Baroness was talking about the work in Scotland, which is very effective and very good in terms of intervention.
NHS England is rolling out liaison and diversion services across the country. They operate at police stations and courts to identify and assess people with vulnerabilities, substance misuse and mental health problems and criminality, which are quite often interlinked. They refer them into appropriate services and, where appropriate, away from the justice system altogether. If we went back 10 years, the noble Baroness could talk about the police operating aside from the law, but there is much more understanding now that early intervention and diversion are the way forward. The schemes that the NHS is currently running cover around 80% of the population in England, and we are looking to full coverage by 2021.
The Department of Health and Social Care and the Ministry of Justice are working with NHS England and Public Health England to develop the community sentence treatment requirement protocol. The protocol aims to increase the use of community sentences with drug, alcohol and mental health treatment requirements as an alternative to custody, to improve health outcomes and reduce reoffending. It sets out what is expected from all involved agencies to ensure improved access to mental health and substance misuse treatment for offenders who need it. The Department of Health is currently leading an evaluation of the implementation of the protocol across five test-bed sites to inform further development.
The noble Lord, Lord Ramsbotham, also talked about funding. I do not know whether he knows, but a youth endowment fund of £200 million is being introduced—quite a substantial amount of money. It will run for 10 years, so it is not a short-term approach. The fund will open shortly, so I hope that alongside some of the things we are doing, it will help us in our endeavours to tackle some of the root causes with early interventions and diversions from that type of activity. I ask the noble Baroness to withdraw her amendment.
The Earl of Listowel
I shall briefly raise a matter I should have raised before. I thank the Minister for her reply, for the tone of what she said and for her recognition of the need to get to the underlying problems. I omitted to develop the concern about children and young people in care and care leavers. As the Minister will know, there is a long-standing concern about the criminalisation of young people in care and care leavers. Very few arrive into care because of criminal activity, but far too many are represented in our prisons, both as children and as adults. My noble friend Lord Laming led an inquiry into reducing the criminalisation of children, and he is concerned to see all agencies working together to keep young people—both those who have left care and those who are in it—out of the criminal justice system. What the Minister and the noble Baroness have said is helpful in this regard. But there is also a new strengthening duty on the corporate parenting responsibilities of all agencies to support young people leaving care. These are important matters to relate to this particular issue, and I thank the noble Baroness for allowing me to make those points.
Baroness Meacher
I thank the Minister very much for her thoughtful response, but she did not respond to my reference to Report stage or to whether we could do something to align this Bill with the Government’s thinking on people addicted to drugs who get into these awful situations with gangs. Does the Minister feel able to say something about what we might do between now and Report?
Baroness Williams of Trafford
I am happy to discuss this further with the noble Baroness. She and I have had many discussions on this subject—we have not had one for a while, so perhaps it would be worth having another. Early intervention and prevention, and a multi-agency approach to assist in diverting people away from the criminal justice system, need to be balanced with the fact that there are quite hardened criminals out there involved with drugs and gangs who we need to capture via the legislation. We need to run both in parallel.
Baroness Meacher
I thank the Minister, and could not agree with her more. In my little remarks, I also made the point that there are such hardened criminals who are turning these young people into victims. It would be good to discuss all that before Report. On that basis, I am happy to withdraw my amendment.
Wednesday 6th February 2019
(5 years, 10 months ago)
Grand CommitteeOffensive Weapons Act 2019 Read Hansard Text Amendment Paper: HL Bill 149-III Third marshalled list for Grand Committee (PDF) - (4 Feb 2019)
This text is a record of ministerial contributions to a debate held as part of the Offensive Weapons Act 2019 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
I thank the noble Lord for explaining his amendment, which he went through at Second Reading. I cannot say that I disagree with the sentiment behind it, because we all know of cases where people have been threatened with fake acid. I also remember the spate of fake gun attacks a few years ago. When the person states that the substance is corrosive and it is not, that adds to the victim’s distress—there is absolutely no doubt about it—and such things cannot be tolerated. But as my noble and learned friend Lord Garnier and the noble Lord, Lord Paddick, pointed out, criminal offences are already available that allow such fake acid attacks to be dealt with. Perhaps I should outline some of them.
“PART 5KNIFE CRIME PREVENTION ORDERSKnife crime prevention orders made otherwise than on convictionKnife crime prevention order made otherwise than on conviction
(1) A court may make a knife crime prevention order under this section in respect of a person aged 12 or over (the “defendant”) if the following conditions are met.(2) The first condition is that a person has, by complaint to the court, applied for a knife crime prevention order under this section in accordance with section (Requirements for application for order under section (Knife crime prevention order made otherwise than on conviction)).(3) The second condition is that the court is satisfied on the balance of probabilities that, on at least two occasions in the relevant period, the defendant had a bladed article with them without good reason or lawful authority—(a) in a public place in England and Wales,(b) on school premises, or(c) on further education premises.(4) In subsection (3) “the relevant period” means the period of two years ending with the day on which the order is made; but an event may be taken into account for the purposes of that subsection only if it occurred after the coming into force of this section.(5) Without prejudice to the generality of subsection (3), a person has good reason for having a bladed article with them in a place mentioned in that subsection if the person has the article with them in that place—(a) for use at work,(b) for educational purposes,(c) for religious reasons, or(d) as part of any national costume.(6) The third condition is that the court thinks that it is necessary to make the order—(a) to protect the public in England and Wales from the risk of harm involving a bladed article,(b) to protect any particular members of the public in England and Wales (including the defendant) from such risk, or(c) to prevent the defendant from committing an offence involving a bladed article.(7) A knife crime prevention order under this section is an order which, for a purpose mentioned in subsection (6)—(a) requires the defendant to do anything described in the order;(b) prohibits the defendant from doing anything described in the order.(8) See also—(a) section (Provisions of knife crime prevention order) (which makes further provision about the requirements and prohibitions which may be imposed by a knife crime prevention order under this section),(b) section (Requirements included in knife crime prevention order etc) (which makes further provision about the inclusion of requirements in a knife crime prevention order under this section), and(c) section (Duration of knife crime prevention order etc) (which makes provision about the duration of a knife crime prevention order under this section).(9) Section 127 of the Magistrates’ Courts Act 1980 (time limits) does not apply to a complaint under this section. (10) In this section—“court”—(a) in the case of a defendant who is under the age of 18, means a magistrates’ court which is a youth court, and(b) in any other case, means a magistrates’ court which is not a youth court;“further education premises” means land used solely for the purposes of—(a) an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), or(b) a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010),excluding any land occupied solely as a dwelling by a person employed at the institution or the 16 to 19 Academy;“public place” includes any place to which, at the time in question, the public have or are permitted access, whether on payment or otherwise;“school premises” means any land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by section 4 of the Education Act 1996.”Member’s explanatory statement
This Clause and the other amendments of the Minister to insert new Clauses after Clause 31 would make provision for knife crime prevention orders and interim knife crime prevention orders imposing requirements and prohibitions on defendants and subjecting them to certain notification requirements. The proposal is that the Clauses should become Part 5 of the Bill and the Bill should be divided into Parts when it is reprinted.
Baroness Williams of Trafford
My Lords, the new clauses to be inserted into the Bill by Amendments 73A to 73U introduce knife crime prevention orders. These new civil preventative orders will provide the police with the powers they need to more effectively manage people engaged, or at risk of engaging, in knife crime and help steer them away from crime.
As noble Lords in the Committee will agree, knife crime is devastating for victims, their families and for our communities. We must do all that we can to combat this epidemic. The latest police recorded crime figures, published by the Office for National Statistics in January for the year ending September 2018, show that there were 39,818 knife-related offences—an 8% increase compared with the previous year. Noble Lords will not have failed to notice the headlines in the Evening Standard on Monday.
The number of homicides where a knife or sharp instrument was used has increased by 10% in the last year to 276 offences. Of all recorded homicides in the latest data, over four in 10 involved a knife or sharp instrument. That proportion is higher than the previous year when the figure was 37%. Police-recorded offences involving the,
“possession of an article with a blade or point” ,
rose by 18% to 19,644 in the year ending September 2018. That rise is consistent with increases seen over the last five years and is the highest figure since the series began in the year ending March 2009.
The total number of homicides in London in 2018 was 134. The Metropolitan Police had the largest volume increase, accounting for 35% of the total increase. In 2017, there were a total of 116 homicides.
It is vital that the police have the powers they need to prevent knife crime and protect the public from the devastating effects of violent crime on our streets. It is already too late when we prosecute young people for knife crime. The police have asked for a new order which will help them to manage those at risk of knife crime in their communities.
Knife crime prevention orders will provide the police with the powers they need to steer people away from knife crime, where there is evidence that they carry a knife. The orders are aimed at those young people most at risk of engaging in knife crime, people the police call “habitual knife carriers” of any age, and those who have been convicted of a violent offence involving knives. Their simple purpose is to help protect the public, and to help respondents leave a dangerous lifestyle involving knife-related crime. In the case of young people, the police may have intelligence that a young person routinely carries a knife but, for a variety of reasons, they have been unable to charge them with a possession offence. Before risky behaviour escalates, a KCPO could be in place to divert a person away from a life of prolific offending.
People whom the police deem to be habitual knife carriers could also benefit from KCPOs. These are people who may have previous convictions for knife crime, or on whom the police have intelligence that they regularly carry knives. The KCPO would enable the police to manage the risk of future offending. This is the cohort that the police see as their main target for these orders. It is estimated that there are some 3,000 habitual knife carriers across England and Wales. The orders will enable the courts to place restrictions on individuals such as curfews and geographical restrictions, but also requirements such as engaging in positive interventions. KCPOs are not a punishment, but a means to support the individual who is subject to an order to stay away from crime.
It may be helpful if I explain how the order will work. KCPOs are available on application and on conviction. An application for a KCPO can be made by a relevant chief police officer to a magistrates’ court or, in the case of young people, the youth court. A court dealing with an application may make a KCPO only if two conditions are met. The first is that the court is satisfied to the civil standard—on the balance of probabilities—that the defendant had a bladed article, without good reason, in a public place or education premises, on at least two occasions in the preceding two years. The second condition is that the court considers the order necessary to protect the public or prevent the defendant committing an offence. An application can be made with or without notice, but it will be made without notice only on an exceptional basis. If an application is made without notice to the defendant, the court may only make an interim order, which will take effect on service and will last until a full hearing takes place.
A KCPO is also available on conviction following an application from the prosecution, and where two conditions are met. The first condition is that the defendant is convicted of a relevant offence. This means a violent offence, or an offence where a bladed article was used by the defendant or another in the commission of the offence, or the defendant or another had a bladed article with them when the offence was committed. The second condition is, again, that the court considers the order necessary to protect the public or prevent the defendant committing an offence.
A KCPO may require a defendant to do anything described in the order, and/or prohibit the defendant from doing anything described in the order. The KCPO can include any reasonable prohibition or requirement which the court is satisfied is necessary, proportionate and enforceable. A KCPO which imposes a requirement must specify a person who is responsible for supervising compliance with the requirement. For instance, if the requirement is attendance of a knife awareness intervention, the person designated to supervise compliance may be the youth worker providing the intervention.
KCPOs will have a maximum duration of two years and must be reviewed by the courts after 12 months. KCPOs issued to under-18s are expected to be subject to more regular reviews. There are provisions for variation, renewal or discharge of KCPOs on application by the defendant or the police. There are also provisions for appeal against the making of the order. A breach of the order without reasonable excuse is a criminal offence subject to a maximum penalty of two years’ imprisonment.
KCPOs are closing a gap in the law that has hindered the police in taking an active rather than a reactive approach to diverting people away from knife crime and managing the risk of knife crime offending. They provide an opportunity to take a proactive and preventive approach, re-engaging with them at an early stage and helping to protect those most at risk of using knives and, of course, of falling victim to them.
There are other civil orders available, such as gang injunctions and criminal behaviour orders, but not all individuals in the targeted cohort are gang members. Criminal behaviour orders could be used in some cases, but such orders are available only when a court is sentencing a person for an offence. It is important that the police have the right tools for the right situations and can make use of them.
Of course, the police have a range of powers to deal with knife crime, including the existing offence of possessing a bladed article in public without good reason, and stop and search powers under the Police and Criminal Evidence Act 1984. However, given the unacceptable scale of knife crime, it is important that the police have a broad sweep of possible powers to use as circumstances dictate. KCPOs will be a valuable addition to the tools available to the police to disrupt harmful behaviours, while avoiding the premature criminalisation of individuals. We expect them to be targeted at a relatively small but high-risk cohort.
This Government are determined to do all that we can to protect the public and keep people safe. This is why we are redoubling our efforts to end this senseless crime. The introduction of KCPOs has been welcomed by the National Police Chiefs Council and the Association of Police and Crime Commissioners. On behalf of the NPCC, Deputy Assistant Commissioner Duncan Bell said:
“The introduction of knife crime prevention orders will provide us with further means to help deter young people from becoming involved in knife possession and knife crime”,
while West Yorkshire’s Labour PCC has said that he fully supports the new knife crime prevention orders.
I commend the noble Lord, Lord Tunnicliffe, who is not in his place, for his prescience in tabling Amendment 77, which also calls for the introduction of KCPOs. I hope one of the noble Lords on the Labour Front Bench will agree that we should grasp the opportunity provided by the Bill to legislate now for KCPOs, so that we can do everything in our power to stop the tragic loss of life and serious injury caused by knife crime that is all too evident on our streets. I beg to move.
Lord Paddick
My Lords, I am grateful to the Minister for meeting me to discuss these amendments before today’s debate. It will come as no surprise to her that we vehemently oppose them and will object, should she insist on them at this stage.
Noble Lords will recall ASBOs, anti-social behaviour orders, introduced by the then Labour Government in the face of an epidemic of anti-social behaviour. They were opposed for many reasons. They were an order that could be made on the basis of the balance of probabilities against very young children with no previous convictions, yet the breach of one of those orders was a criminal offence with a custodial sentence attached. In effect, the criminal burden of proof—beyond reasonable doubt—was circumvented by making the order subject only to the civil burden of proof, while a breach of the order resulted in a criminal conviction. As a result, hundreds of young people acquired a criminal record through that unfair and unreasonable route. This was rightly seen as disproportionate, and the subsequent coalition Government—in a move championed by the then Home Secretary, Theresa May—removed ASBOs from the statute book.
Other reasons for scrapping ASBOs included their ineffectiveness in curbing anti-social behaviour, the high rate of breach of the conditions of the orders, the difficulty in monitoring compliance and the resources required to ensure their enforcement. In some communities, having an ASBO was seen as a badge of honour, and peers looked up to someone if he had acquired one.
The Earl of Caithness (Con)
My Lords, following what the noble Lord just said, I wonder whether my noble friend would consider this. If the amendment is likely to be defeated, she could withdraw it and return to Committee as the first part of Report—I remember doing that with a Home Office Bill—so that given the concerns around the Committee, we could have a proper Committee stage and then very soon after that, come back on Report. In Committee, we can talk twice, and that should give the noble Lord, Lord Paddick, a chance to put down something constructive rather than the constant destructive arguments.
Baroness Williams of Trafford
My Lords, I have not found the comments destructive, although I thank my noble friend for the points that he made. I will not press the government amendments today. I take on board completely the point made by the noble Lord, Lord Kennedy, about the timing of the amendments. We will bring the amendments back on Report when again we will have a full chance to discuss them. The practice of noble Lords speaking only once on Report has fallen slightly by the wayside because noble Lords seem to speak several times in Committee and on Report.
To sum up today’s debate, we all seek the same end, but the means by which we would get there differ. I thank the noble Lord, Lord Hogan-Howe, at the outset for clarifying a number of points that I did not know the answer to. He has saved me having to write to the Committee. I also thank my noble friend Lady Newlove for the very real-life experience with which she speaks and which we never fail to be moved by.
It is clear from the debate that some of the support for KCPOs is qualified. The noble Lord, Lord Paddick—and the theme was carried on by other noble Lords—said that KCPOs seek to criminalise children. As the noble Lord, Lord Hogan-Howe, said, their aim is quite the reverse. They are to prevent young people getting into criminality.
Lord Paddick
I never suggested that the aim of the orders is to criminalise young people. I said that young people being criminalised is the inevitable outcome of the orders.
Baroness Williams of Trafford
My words were that the noble Lord said the orders risk criminalising children, rather than having the aim of criminalising children. The aim is to prevent that. As the noble Lord, Lord Ponsonby, and the right reverend Prelate the Bishop of Newcastle said, young people are often the victims. Other noble Lords made the same point. We have a Catch-22 situation where they are both victims and perpetrators.
The noble Lord, Lord Ponsonby, questioned the benefits of KCPOs, given his experience. Their aim is to have a preventive effect. Far from fast-tracking young people into a criminal record, the aim is quite the reverse. The orders are an alternative to prosecution. The imposition of restrictions aims to divert young people away from the criminal justice system. Of course, where a defendant is found not guilty of a violent offence, the option to give a KCPO remains open to the police, further keeping the young person out of the criminal justice system.
The noble Baroness, Lady Meacher, asked a very good question: what about the adults? Adults can be part and parcel of the problem, but can also be part of the solution. She is absolutely right that we must not forget the role of adults in all this.
At the outset, I reiterate that KCPOs are not punitive in nature. They are an additional tool for the police to help steer those subject to the orders away from knife crime. They are aimed at young people at risk of engaging in knife crime, at habitual knife carriers of any age and at those who have been convicted of a violent or knife-related offence. The Government are very concerned by the increase in knife crime, as other noble Lords have articulated. We are determined to do all we can to address it. We have set out a comprehensive programme of action in our Serious Violence Strategy to tackle knife crime and prevent young people being drawn into crime and violence, but we know that we need to do more. That is why we listened when the police—those on the front line of such activity, who are best-placed to know the nature of the problem and the profile of the people who carry knives—told us that they need additional powers to deal more effectively with people being drawn into knife crime.
The noble Lord, Lord Paddick, talked about the approach that the police might take when responding to a breach of a KCPO. Clearly, it would be for the police to decide what action to take where such a breach occurs. Similarly, it would be for the CPS to consider whether there is enough evidence against the defendant for a realistic prospect of conviction and whether it is in the public interest to prosecute them. The public interest will likely vary from case to case, taking into account factors such as the seriousness of the offence, the harm caused and the proportionality of prosecution in response. It has never been the rule that a prosecution will automatically take place where the evidential test is met, so prosecutors may advise on or authorise out-of-court disposals as an alternative to prosecution, which is not necessarily the end result. In addition, a person commits an offence and can be convicted only if a breach occurs without reasonable excuse. The maximum sentence is two years’ imprisonment. It would be for the courts to determine the appropriate sentence in the usual way in any given case, so two years is not necessarily the end result and a community sentence is an option, too.
Unfortunately, as we have seen from the press so often recently, an increasing number of young people carry knives. Some are as young as eight. Many come to the attention of the police after teachers or youth workers have already tried to deal with the problem without reporting the incident to the police, for fear that a young person would be criminalised. However, as we have all said today, by the time that young person is prosecuted it is too late. Furthermore, I am sure noble Lords will agree that prosecution of young children is not always the most appropriate response if they are found with a knife. We have had those discussions today. KCPOs will enable the police and others to address the underlying issues and steer those young people away from knife crime through positive interventions.
The amendments contain important safeguards to ensure that KCPOs are not used inappropriately against young people under 18. In particular, the amendments require the police to consult the relevant youth offending team before an order is made. Once made, an order must be reviewed by the courts after 12 months. The noble Lord, Lord Hogan-Howe, asked why 12 months was put in place. That is as a safeguard to ensure that a review is carried out. We fully expect the statutory guidance to provide for more regular reviews where a KCPO is issued to a person under the age of 18.
The noble Lord, Lord Paddick, asked why on orders made on application we have not adopted the approach applied to anti-social behaviour injunctions, where a breach is dealt with as a contempt of court rather than a criminal offence. In developing the KCPO, we considered that approach, but it is important to remember that we are dealing with individuals at risk of engaging in serious criminality, not simply those involved in anti-social behaviour, as debilitating as that can be for victims and communities. KCPOs will be used for individuals with a history of carrying a knife. Many will be habitual knife carriers, and we are clear that these orders will not be effective if those subject to a KCPO do not see that breaching the order would have serious consequences. They must include the possibility, at least, of a criminal prosecution and a custodial sentence on conviction. Other civil orders of this kind adopt the same approach, including sexual risk orders and serious crime prevention orders.
I am indebted to the noble Lord, Lord Hogan-Howe, for his invaluable contribution, which highlighted the operational need for these new orders. The noble Lord made a couple of very interesting suggestions: first, that the scope of KCPOs be extended to help tackle gun crime and the use of corrosives, and, secondly, on the use of electronic monitoring. Given the prevalence of knife crime, it is right that it should be the initial focus of the new orders but as we evaluate their effectiveness over time, we most certainly can explore whether they might have wider application. We can explore the possibility of adding an electronic monitoring requirement to these orders once they have bedded in.
The noble Lord asked about stop-and-search powers in relation to someone subject to a KCPO. We believe that the police already have adequate stop-and-search powers under PACE to monitor whether someone is carrying a knife. As he knows, if a police officer has reasonable suspicion that someone subject to a KCPO is carrying a knife, the officer can stop and search the individual under those existing powers. He also asked when the orders might start. The court may provide discretion that the order takes effect from release, when the defendant ceases to be subject to a custodial sentence, or if the defendant ceases to be on licence. It may take effect earlier while a defendant is on day release and subject to stringent conditions.
A number of noble Lords asked me about funding and tackling the issue locally. They will know, from statements I have made, of my right honourable friend the Home Secretary’s intention to make up to £970 million available to the police next year. On a more local level, we are providing £1.5 million in 2018-19 for the community fund, which has funded 68 projects, and £1 million in 2019-20 to help communities to tackle knife crime. The Committee will have heard earlier today about the youth endowment fund, which has £200 million over 10 years to build evidence for early intervention. It will focus on those most at risk of youth violence, including those displaying signs such as truancy, aggression and involvement in anti-social behaviour.
We can take into account many of the issues raised today when preparing the statutory guidance provided for under Amendment 73S, and as part of the pilot we intend to run in the Metropolitan Police district before implementing these orders across England and Wales. As the noble Lord, Lord Paddick, has signalled that he cannot support these amendments today I will of course withdraw them, with regret. However, the Committee can be assured that I will return to them at Report.
Lord Kennedy of Southwark
My Lords, I have Amendments 79 and 80 in this group. They are word-for-word what was in the Bill when it was first published in the House of Commons. I am attempting to put back into the Bill the clauses put forward by the Government originally—not my usual role here as opposition spokesperson; I am usually trying to take out government clauses or change them, but here we are today trying to put them back in.
My noble friend Lord Robertson of Port Ellen set out clearly at Second Reading and again today why these weapons should be banned. They are more dangerous in terms of their penetrative power and range. My noble friend quoted the Home Secretary’s comments; I shall not quote them again. The Home Secretary was very clear why these weapons had to be banned; he had had intelligence about why it was important to do that. Then we had a complete about turn and the clause was taken out between Second Reading and Third Reading. I am sure we will find out at some point what happened and why that was done. My honourable friend Louise Haigh, the shadow Policing Minister, was very clear that the Opposition backed the Government’s original position and that the provision would pass through the House of Commons without any problems.
It is interesting that the Government have gone much further than what people on the Government Benches wanted. The Member for The Cotswolds, Sir Geoffrey Clifton-Brown, suggested level 3 security, but that is not here. They were not looking for the weapon to be banned but wanted enhanced security, very much along the lines of the amendment moved by the noble Lord, Lord Lucas, but there is nothing here. That security level means that the gun, the bolt and the ammunition are kept in three separate safes. At the moment the Government are proposing not to do that. They are going to leave the security as it is. That is regrettable.
I am not an expert on guns. I do not particularly like guns, but I have fired some weapons, including a sniper rifle and a few shotguns. I fired them on ranges, and when I was in the Armed Forces Parliamentary Scheme I did some stuff. I have shot only at targets and clay pigeons. I am very pleased that we live in a country where we have tough laws on weapons. I am very proud that we have them, and they are good.
My noble friend Lord Robertson was right to point out in respect of evidence that, before Hungerford and Dunblane, handguns were not generally seen as an issue. It was only after the two tragedies that Government had to act to ban them. We can never say what is going to happen in the future.
The Government were right in their original proposals, and it is shame we are here today. The noble Lord, Lord Lucas, has tabled an amendment to improve the position today. I am very pleased to see it because it is better than the Government’s suggestion. It at least gives level 3 security. That will make it more difficult for weapons to be obtained illegally, and although it is not an absolute guarantee it is certainly progress. I shall not press my amendment, but I am looking forward to hearing the Minister’s comments in response to the debate, because these are serious issues. As my noble friend Lord Robertson said, although the Government removed the two clauses, at no point has the Home Secretary withdrawn the remarks he made. My worry is that after we have had this review, the Government will decide that we need to ban these weapons and then will say that we have no legislation to ban them and we will have to wait until something comes along. That is the often the case with many things which we suggest in opposition. The Government aim to do things and say they will do them at some point when they find a Bill they can put them in. My worry is that we may end up there. I raised that point at Second Reading with the noble Baroness, Lady Williams. If the Government are going to do a consultation and then decide to ban these weapons, they should take a power to enable them to do that through secondary legislation. I look forward to the Minister’s response.
The Minister of State, Ministry of Defence (Earl Howe) (Con)
My Lords, my noble friend Lord Lucas began by quite rightly pointing out that this is a Bill about setting boundaries. As we have heard, this group of amendments deals with what is the appropriate form of regulation for high muzzle energy rifles. We have heard a variety of views from all sides of the Committee. Some noble Lords are seeking to restore the prohibition of these rifles removed from the Bill in the Commons. Other noble Lords are seeking to go further than the amendments made in the Commons by also removing the prohibition on so-called MARS rifles, while yet other noble Lords seek to find a middle way by introducing mandatory security requirements. I will endeavour to disentangle these competing approaches by setting out the Government’s considered view on the various amendments.
I begin with what is, in effect, the middle-way option, if only because my noble friend Lord Lucas’s Amendment 74 is the first one in this group, but I will address my noble friend Earl Attlee’s Amendments 80A to 80C as they cover similar ground, albeit from a different perspective. Amendment 74 provides us with an opportunity to test whether a requirement to apply the highest standards of security for the storage of specific firearm types when not in use might be an alternative to prohibition. The Government are not seeking to prohibit ownership of high muzzle energy rifles through this Bill, so it is relevant for us to discuss the merits of applying enhanced security to the storage of such firearms while they continue to be available to civilians under our firearms licensing arrangements. I know that the noble Lord, Lord Kennedy, takes the contrary view, and I will come on to his amendments shortly.
The Bill will prohibit civilian access to more rapid-firing rifles, which makes any discussion of secure storage in respect of these weapons otiose, although we will come to Amendments 78A and 79A, which would have the effect of removing that prohibition from the Bill, and Amendments 78B and 79B, which seek to make changes to the prohibition.
The Government are concerned about the potential public safety risks that more powerful and more rapid-firing rifles pose, should they fall into the hands of criminals or terrorists. It is therefore right that where any such firearms remain available for civilian use and ownership on a firearms certificate issued by the police they should be subject to the highest standards of security to prevent theft and misuse. I therefore understand the reference in my noble friend Lord Lucas’s amendment to the requirements of level 3 security. This relates to different levels of security arrangements that are set out in the Home Office’s Firearms Security Handbook, with level 3 being the highest level of security measures set out in the handbook.
The first point I want to make in respect of this amendment is that it would be something of an anomaly to specify particular security conditions in this way in the Bill. It is currently an operational matter for police forces to satisfy themselves that the security in place for any firearm held by a civilian is proportionate to the risk that the specific firearm poses, taking all relevant factors into account. The issue of the relevant firearms certificate can be made contingent on the required levels of security being in place. While it is right that we should ask the police to have due regard to the requirements of the handbook, it would, as I have said, be an anomaly to set out in primary legislation the level of security required for one specific rifle type.
While I fully understand the point behind the amendment, it is important to be aware that the Firearms Security Handbook is a joint Home Office and policing document, intended to guide forces. The document has no specific legal weight and can be amended administratively. In such circumstances, I contend to my noble friend, it would not be appropriate to specify level 3 security in this Bill.
Amendments 80A to 80C in the name of my noble friend Earl Atlee address the same issue, but in a different way. These amendments in turn seek to amend the Firearms Act 1968 in order to provide the Secretary of State with an order-making power to specify the conditions relating to the secure storage and transportation of high muzzle energy rifles, which must be attached to the relevant firearms certificates issued by the police. The point behind the amendments is important. Dangerous firearms held in the community must be kept and stored as securely as possible.
The Government have given a commitment that we will consult on the issue of whether high muzzle energy rifles should be subject to a general prohibition, along with a number of other issues relating to firearms safety, after the Bill has completed its passage through Parliament. But the Government recognise the strength of feeling on this issue, on all sides. I know that some, including the noble Lord, Lord Kennedy, have concerns about waiting for a further public consultation to run its course, particularly if this leads to a call for further legislation. We therefore take the point that there is a case for action in this area at this time. The Government will therefore give further consideration to the amendments tabled by my noble friends Lord Lucas and Earl Atlee ahead of Report. I cannot at this juncture give a commitment beyond that, but I assure both my noble friends that the case they put forward has landed and will be looked at seriously.
Amendments 78, 78B, 79A and 79B provide us with an opportunity to consider potential alternatives to the prohibition of the rifle types specified in Clause 32. Clauses 32 and 33 will strengthen the controls in respect of rapid-firing rifles, as defined by these clauses. As I explained earlier, these are currently available for civilian use or ownership under general licensing arrangements administered by the police under Section 1 of the Firearms Act 1968 or Article 45 of the Firearms (Northern Ireland) Order 2004. This means that at present they can be owned only by somebody who has a firearms certificate for which they have been vetted by the police. Following advice from experts in the law enforcement agencies, we consider that these rifles should be brought under stricter controls. That will be achieved by adding them to the list of prohibited firearms provided for by Section 5 of the Firearms Act 1968 and Article 45 of the Northern Ireland order. Weapons that are so prohibited are subject to more rigorous controls than other firearms and may be possessed only with the authority of the Secretary of State.
My noble friend Lord Shrewsbury and the noble Earl, Lord Erroll, argued that the proposed ban of rapid-fire rifles could discriminate against disabled shooters. That point was raised during discussion of the Bill in the other place. I have to say straight out that I am not impressed by that argument. If the prohibition has an impact on disabled shooters, those who provide shooting facilities should see what alternative assistance might be provided to disabled shooters by shooting clubs, whether by adapting other types of rifle or adapting the places where disabled people shoot. So I am afraid that I do not find my noble friend’s and the noble Earl’s argument particularly powerful on that issue.
It is not our intention to restrict unnecessarily or arbitrarily the lawful use of firearms by licence holders for legitimate sporting purposes, for example. The vast majority of people in lawful possession of firearms use them responsibly and it is right that any controls need to be proportionate. But at the same time, the Government are concerned about the recent rises in gun crime and the changing threats and heightened risk to public safety. All firearms are by their very nature potentially dangerous and, indeed, lethal, but the rifles specified in Clauses 32 and 33 are considered to be more dangerous than other firearms permitted for civilian ownership under the firearms legislation. These rifles can discharge rounds at a much faster rate than conventional bolt-action rifles, which are permitted under licence and are normally operated manually with an up-and-back, forward-and-down motion.
The definition as set out in the Bill refers to the use of the energy from the propellant gas to extract the empty cartridge cases. This brings them much closer to self-loading rifles, which are already prohibited for civilian ownership under our firearms laws. The Government are therefore concerned about their potential for serious misuse and loss of life if they were to fall into the hands of criminals or terrorists.
Viscount Goschen
My Lords, I said that I was open to hearing the arguments. I was saying that we should have a powerful case before we move to such a ban, if that is the direction that Her Majesty’s Government seek to take. The airing of these issues in this House and in another place are very helpful, but we need to follow the spirit of evidence before any action.
Earl Howe
That is extremely helpful. I agree with my noble friend. That is exactly why the Government felt that a longer public debate about this issue was appropriate.
In the light of representations made by representative firearms bodies and others during the passage of the Bill, the Government sought advice from the National Crime Agency on whether heightened security standards governing the safe storage of these rifles would be sufficient to reduce the concerns expressed to us. In the light of the advice received, we took the view that we should look again at options for enhancing the security requirements associated with these particular rifles, rather than push for their prohibition under the firearms legislation at the present time. That is why the provisions to prohibit high muzzle energy rifles were removed from the Bill on Report in the Commons.
It is the Government’s view that we should not proceed with prohibition without considering further the views of the police, relevant shooting organisations and members of the public. As was announced in the Commons, it is the Government’s intention to launch a full public consultation on this and on the firearms safety issues that have arisen during the Bill’s progress. That will provide an opportunity fully to consider the views of all those involved or with an interest and to make a better assessment of whether enhanced security, as proposed by my noble friends, would be sufficient to address the risks set out by the police and the NCA.
Finally, Amendment 80D in the name of my noble friend Lord Attlee seeks to make a change to the definition of “rifle” in Section 57 of the Firearms Act 1968. The purpose of that definition is to make it clear that the ordinary definition of “rifle” includes carbines, a particular type of long gun firearm with a shorter barrel than a normal rifle, which is classified as a rifle for the purposes of firearms controls. As he helpfully set out, my noble friend’s purpose in tabling the amendment is to make it clear that when we talk about rifles, including for the purposes of Clauses 32 and 33, we are talking about hand-held rifles, specifically those that are fired from the shoulder. My noble friend is clear that he wants there to be no confusion with artillery or guns fitted to tanks. The Government are not persuaded that this change to the Firearms Act is necessary. “Rifle” will continue to carry its normal meaning. I understand that this might have been a concern had we been talking about rifled weapons, but we are not.
In the light of the explanations I have provided and my commitment to consider further Amendments 74 and 80A to 80C, I hope that my noble friend Lord Lucas will feel able to withdraw his amendment.
Lord Kennedy of Southwark
In my contribution, I made a point about the Government taking out amendments then putting them back in. Like the noble Baroness, Lady Williams, at Second Reading, the Minister referred to consultation. Today, the Minister told us that the Government remain very concerned about these weapons and their power. I worry that we will have the same problem as with the rogue landlords database. We wanted to make the database public through the Housing and Planning Act. We won the votes in the Lords, but they were overturned in the Commons. A year later, the Government changed their mind. Now, of course, the noble Lord, Lord Bourne, is saying, “The Government want to make the database available. We need primary legislation but we cannot find anything to tag it on to”. I worry that the Government will decide in the end that they want to ban these weapons but will say that they cannot find the legislation. Will the Government consider a precautionary power so that if they decide to, they could do that very quickly through secondary legislation?
Earl Attlee
My Lords, the noble Lord, Lord Kennedy, could achieve his objective by supporting my amendment, or at least the concept behind it, slightly more strongly.
Earl Howe
It was in an endeavour to address the general concern put forward by the noble Lord, Lord Kennedy, that I undertook for the Government to consider seriously my noble friend Lord Attlee’s amendment and my noble friend Lord Lucas’s arguments. However, I take his point. I am sure that it will not be lost on Home Office Ministers or officials. Of course, we will give that further consideration.
Lord Lucas
My Lords, I am grateful for my noble friend’s calm and consideration, as ever. He would make an excellent target shooter. I will try to persuade him to join the Lords’ team for our battle against the Commons in July. I am grateful for what he said about Amendment 74, but when it comes to what my noble friend referred to as rapid-firing rifles, I would be grateful if he could share with us the evidence on which the Government have based the conclusion that the lever release rifle, in particular, is in practice a rapid-firing rifle.
I am not trying to pose as an expert in these things, but in terms of the evidence I have seen from people outside government, that matter is in question, and that is what lies behind my noble friend Lord Shrewsbury’s amendment. If my noble friend felt able to share the information or opinions on which that conclusion was based before Report, I would be immensely grateful.
Lord Kennedy of Southwark
My Lords, I will speak very briefly. The amendment is clearly a good addition. We certainly want consistency on medical checks, police checks and how people look at this issue. Without that, we will have problems. That cannot be right. We want to ensure that people’s suitability to have a weapon is assessed, and to know that this is done to the highest possible standards. We are all clear on that. Where we have inconsistency, we have problems. I support the amendment and I hope that the Minister will respond positively to the issues raised.
Earl Howe
My Lords, I am grateful to my noble friend Lord Shrewsbury for raising this issue. His amendment would place a duty on the Secretary of State to,
“within the period of six months beginning with the day on which this Act is passed, publish a report on how the Government’s Guide on Firearms Licensing Law (April 2016) is being implemented”.
The Home Office has published guidance on firearms licensing law for many years. The latest edition was published in 2016 and is currently undergoing revision to take account of recent legislative changes. It is an important document as it assists police forces in applying firearms law.
The Government want to ensure consistency of approach and high standards for police firearms licensing, and for this reason, we introduced the power to issue statutory firearms guidance in the Policing and Crime Act 2017. The new statutory guidance will apply to issues such as background checks, medical suitability and other criteria aimed at protecting public safety. We will be holding a public consultation shortly on the introduction of the new statutory guidance.
The amendment moved by my noble friend indicates a particular interest in the medical aspects of the firearms guidance, and in the engagement by GPs with the information-sharing arrangements which were agreed and introduced in 2016. These arrangements were brought in to help ensure that police would have sight of relevant medical information about certificate holders and applicants, to safeguard both licensed gun holders and other members of the public.
The Earl of Shrewsbury
I am most grateful to my noble friend for his response. I am somewhat disappointed because this has been hanging around for a long while and action needs to be taken. I find it incredible that, in a modern country such as ours, the Home Office and general practitioners cannot come to some sort of agreement for a level playing field on fees. It seems such a simple thing to do. Most people in commerce and industry would try to agree this sort of thing every day. I will read my noble friend’s words and I reserve the right to talk to him again about this, but I beg leave to withdraw the amendment.
Earl Howe
My Lords, it is fair and right that owners of previously legally-held firearms, who voluntarily hand these weapons over to the police for safe disposal, should be properly compensated. The purpose of the surrender and payment provisions in the Bill are directed to that end.
Amendment 80K seeks to extend these compensation arrangements such that compensation would be payable to owners who choose to modify their rifles, or indeed deactivate them, so that they may lawfully retain them. The reason for the payment scheme in the Bill is to rightfully compensate owners for the value they lose when surrendering these rifles to the police. My noble friend Lord Shrewsbury has suggested that owners may look to modify their rifle to a straight-pull bolt action function and therefore retain it on a section 1 certificate. We are not against this; individuals are perfectly within their right to do so. However, it is one thing to compensate owners of these weapons where they are deprived of their property, and quite a different proposition to expect the state to pay for their conversion or deactivation. We are seeking to remove these potentially dangerous rifles from our streets, and it is right that the Government should use public money to compensate only those individuals who surrender their prohibited rifles.
The arrangements covering compensation payments for firearms made unlawful by the Bill will be set out in regulations. I hope noble Lords will have had an opportunity to read the draft regulations which my noble friend Lady Williams circulated late last week. These regulations will be subject to the affirmative resolution procedure, so in due course they will have to be debated and approved by both Houses before they can take effect.
There is clearly a balance to be struck here, taking into account the proper use of public funds. It is the Government’s view that compensation should only be paid to those who surrender firearms prohibited by the Bill. If an owner instead chooses to modify or decommission one of these firearms, such that it may continue to be lawfully held, that is a matter for them, but it would not be right for such modifications or decommissioning to take place at taxpayers’ expense. Given that explanation, which I am sure will come as a disappointment to my noble friend—I am sorry about that—I ask him to withdraw his amendment and support Clause 36 standing part of the Bill.
The Earl of Shrewsbury
My Lords, at least I get 10 points for trying. I am most grateful to my noble friend the Minister for what he said, and I understand it all. Having been around at the time of Dunblane, and through other guns being prohibited and compensation being given, I understand where he is coming from. If I may ask one further question, with compensation being paid for the guns which are to be handed in—if the Government go ahead and ban them—does this include compensation on manufacturing equipment for the businesses that manufacture these guns? I know that it does not include ammunition, but does it include manufacturing and the stock held?
The Earl of Shrewsbury
My Lords, I am most grateful. I beg leave to withdraw my amendment.
Tuesday 12th February 2019
(5 years, 10 months ago)
Grand CommitteeOffensive Weapons Act 2019 Read Hansard Text Amendment Paper: HL Bill 149-IV Fourth marshalled list for Grand Committee (PDF) - (8 Feb 2019)
This text is a record of ministerial contributions to a debate held as part of the Offensive Weapons Act 2019 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
“(ja) section (Enforcement of offences relating to sale etc of offensive weapons)(5);(jb) section (Application of Regulatory Enforcement and Sanctions Act 2008);”Member’s explanatory statement
This amendment is consequential on the Minister’s amendments to insert new Clauses after Clause 39.
“(za) section (Sale etc of bladed articles to persons under 18)(1);”Member’s explanatory statement
This amendment is consequential on the Minister’s amendment to insert a new Clause before Clause 14.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment at page 28, line 40.
“(ca) section (Sale etc of bladed articles to persons under 18)(1);”Member’s explanatory statement
This amendment is consequential on the Minister’s amendment to insert a new Clause before Clause 14.
Tuesday 26th February 2019
(5 years, 9 months ago)
Lords ChamberOffensive Weapons Act 2019 Read Hansard Text Amendment Paper: HL Bill 160-I Marshalled list for Report (PDF) - (22 Feb 2019)
21:32 - Division on Amendment 35 - Ayes: 145 / Noes: 84 - Amendment 35 agreed.
This text is a record of ministerial contributions to a debate held as part of the Offensive Weapons Act 2019 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
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Baroness Hamwee (LD)
My Lords, Amendment 1 is in my name and that of my noble friend Lord Paddick, as are all the other amendments in this group—Amendments 2, 15, 16, 25, 26, 64, 65, 67, 68, 70 to 73, 78 and 79—16 amendments, each deleting a three-letter word. The word is “all”, as in taking “all reasonable precautions” and exercising “all due diligence” in connection with the sale of corrosive products to someone under 18, in Clause 1; the sale of bladed articles to someone under 18, in Clause 15; and the delivery of bladed articles to residential premises, in Clause 18. These are defences to the offences contained in those clauses, so it is no minor matter.
The meaning of “all reasonable precautions” and “all due diligence” emerged in Committee. The noble Lord, Lord Lucas, raised it, others followed it up, and the noble and learned Lord, Lord Judge, said:
“If I might say so, ‘all’ means ‘every’. Without ‘all’, you have just to take reasonable precautions and show due diligence. Once you put ‘all’ in, you fall foul of any particular point you could have but did not look at and did not do”.
Clearly, this is a very high bar, and it took a number of noble Lords somewhat by surprise, I think. I am unclear about what it might mean, particularly when coupled with “reasonableness”, because it is not just about doing the reasonable thing; it is about doing every reasonable thing. The Minister said in that debate:
“All roads are leading back to the guidance”,—[Official Report, 28/1/19; col. GC 163.]
having told the Committee that the Government want to produce guidance—we will debate that later—to ensure that retailers and sellers know what steps they could take, with regard to Clause 1, to ensure that they comply with the law. On the wording, is it about steps that they can take or steps that they must take? It seems to me that the wording used throughout the Bill does not allow for common-sense alternatives or even minor omissions. Of course, guidance is produced by the Executive, not by Parliament. Indeed, to end with a question, will one necessarily have complied with the law, even if one follows guidance to the letter, if all reasonable precautions and all due diligence have to be applied? I beg to move.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, as the noble Baroness explained, these amendments relate to the level of burden of proof required for retailers and delivery companies if they want to avail themselves of the defences available to them if charged with an offence of selling or delivering a corrosive product or a bladed article to an under-18 or the offence of delivering a corrosive product or bladed article to a residential address. Under these amendments, retailers and delivery companies would need to prove just that they had taken reasonable precautions and exercised due diligence to avoid the commission of the relevant offence, rather than, as the Bill provides, that they took all reasonable precautions and exercised all due diligence, as the noble Baroness explained.
I am not persuaded, despite the noble Baroness’s words, that it is unjust to require a person to prove that they have taken all reasonable precautions and exercised all due diligence to avoid selling or delivering corrosive products or bladed articles to under-18s or to avoid delivering such products or articles to residential premises. Retailers have had to operate to this standard under existing law and to lower the burden of proof would leave us with a burden of proof in the Bill that was out of sync with existing legislation. I will give some examples.
Under Section 141A(4) of the Criminal Justice Act 1988, it is a defence for someone charged with the offence of selling a knife to an under-18 if they can prove that they,
“took all reasonable precautions and exercised all due diligence to avoid the commission of the offence”.
The Licensing Act 2003 requires a defendant to prove that,
“he had taken all reasonable steps to establish the individual’s age”,
in regard to the selling of alcohol to an under-18. Under Section 7 of the Children and Young Persons Act 1933, which prohibits the sale of tobacco to under-18s, the defence is in similar terms. Part 4 of the Gambling Act 2005 includes various offences in relation to children; under Section 63, it is a defence to show that the defendant “took all reasonable steps”.
As a result of these examples in law, I urge that the higher burden of proof is an established defence, and one which has been in place for a significant amount of time without issue. Retailers now know what is required of them by way of proof if they wish to make use of the defence if charged with the offence of selling a knife or bladed article to an under-18. It is understood by retailers, Trading Standards and the police. Having two different burdens of proof in place would, I think, be confusing to all concerned. I do not think it would help the police, Trading Standards officers, prosecutors or the courts. Noble Lords are always calling for consistency, and I think there is a strong argument for consistency here. I hope that, on reflection, the noble Baroness, Lady Hamwee, would agree and be happy to withdraw the amendment.
Baroness Hamwee
My Lords, it is certainly a burden in the sense of the weight of it rather than the balance of it, which is how we normally consider the burden of proof. The Minister says that retailers now know. My question was whether they will know from the guidance that is to be produced. I shall have to leave that hanging, as this is the point that we are at. Maybe the Minister will be able to answer that when we come to the next group and talk about guidance. Perhaps we will also have to wait for an answer on whether guidance across all the offences—not just those within this Bill but others that the Minister mentioned—will be consistent. Clearly, we are not going to be of the same mind here but I beg leave to withdraw the amendment.
The Earl of Erroll (CB)
My Lords, I think that a bit of certainty here is essential. One of the problems that exist elsewhere is uncertainty surrounding what is going to be required. It is very difficult for traders if they do not know what part they are going to play. However, when we come to the next amendment I will say something about that which I think will be helpful.
Baroness Williams of Trafford
I thank noble Lords for their comments. I agree that, as the noble Lord, Lord Kennedy, and the noble Earl, Lord Erroll, pointed out, people have to understand their responsibilities. In Committee there was much debate about the need for guidance, particularly for retailers, manufacturers, delivery companies and the like, about the operation of the provisions in the Bill relating to the sale and delivery of corrosive products and offensive weapons.
In response to the debate in Committee, I said that it was our intention to issue appropriate guidance. A number of noble Lords, including my noble friend Lord Lucas, wanted to see that commitment reflected in the Bill, and government Amendment 106 does just that. It enables the Home Secretary, Scottish Ministers and the Northern Ireland Department of Justice, as the case may be, to issue guidance about the provisions in the Bill, and the existing law as amended by the Bill, relating to corrosives and offensive weapons.
Importantly, the amendment also sets out that, before guidance is published, the relevant national authority must consult,
“such persons likely to be affected by it as the authority considers appropriate”.
We would, for example, expect to consult organisations representing both small and large retailers of knives and corrosive products. This would ensure that those directly impacted by these measures have a hand in developing the guidance that is most useful to them. That is an important part of the Bill.
Were he in his place, I hope that my noble friend Lord Lucas would agree that government Amendment 106 covers similar ground to his Amendments 3 and 81 and, indeed, provides a more comprehensive list of the provisions where it might be appropriate to issue guidance. Government Amendments 108, 112 and 113 are consequential to Amendment 106. I hope that on that basis the noble Baroness will be content to withdraw Amendment 3 and support the government amendments.
Baroness Hamwee
My Lords, I am indeed. I beg leave to withdraw the amendment.
Baroness Williams of Trafford
I thank noble Lords who have spoken to these amendments, which are about the use of short custodial sentences and minimum custodial sentences. I have reflected on the concerns raised in Committee by noble Lords but I remain of the view that there is—as noble Lords have reiterated today—a place for custodial sentences as part of the range of penalties available to the court for the offences in the Bill. The noble Lords, Lord Hogan-Howe and Lord Kennedy, articulated that.
In Committee, I stressed the significant harm and injuries that corrosive products can cause if they are misused as a weapon to attack someone. We are talking about a serious offence, one for which the use of custody should be available to the courts in certain circumstances. I was very grateful to the noble and learned Lord, Lord Judge, who is not in his place today, when he made the point in Committee that custodial sentences have a place when dealing with specific types of offenders. He referenced cases where a retailer has repeatedly sold a corrosive product to under-18s and may have already been subject to a community sentence. That is one set of circumstances; there may be others where the offending is so serious that only a custodial penalty should be imposed.
In the earlier debate the noble Lord, Lord Kennedy, was concerned that a range of different sentencing options is available to the courts. I want to stress that by providing custody as a maximum penalty, we are providing the courts with a range of sentencing options from custody through to a fine, or both. This means, to speak to the points made by my noble friend Lord Elton, the noble Baroness, Lady Meacher, and the noble Earl, Lord Listowel, that the courts will also have the option to impose a community sentence. As the noble Lord, Lord Kennedy, said, the application of these sentences has to be meaningful, but they can be imposed if they are the most appropriate sentence, taking into account all the circumstances of the offender and the offence. As I said in Committee, there is also a requirement under the Criminal Justice Act 2003 that the court has to be satisfied that the offence is so serious that only a custodial sentence can be justified. We can have every confidence that the courts will sentence offenders appropriately, based on the circumstances of the offender and the offence.
Lord Elton
Can my noble friend assist me? I ask forgiveness for my ignorance but as I read subsection (7), it says:
“A person guilty of an offence … on summary conviction in England and Wales”,
is liable to be imprisoned,
“for a term not exceeding 51 weeks, to a fine or to both”.
There is no reference to any other treatment or sentence. My noble friend said that there was access to that; I would be grateful if she could tell me how it died.
Baroness Williams of Trafford
I do not know whether my noble friend was in Committee, but when the amendment on having just a community sentence was moved, we discussed the fact that when there is the possibility of a custodial sentence, it is open to the courts to impose that or a lesser sentence such as a community sentence, which can have the conditions that the noble Lord, Lord Kennedy, and my noble friend referred to earlier. It is open to the courts to have some flexibility over what the penalty should be, as it relates to the particular offence that has been committed. We also discussed in Committee that under the Criminal Justice Act 2003, the court has to be satisfied that the offence is so serious that only a custodial sentence can be justified. I hope and think that we can have confidence that the courts will sentence offenders appropriately, based on the circumstances of both the offence and the offender.
Lord Elton
If I may trouble my noble friend once more, as I read it, they are prohibited from applying a sentence of more than the time specified in the Act. My objection is to exactly that: the short duration. If there has to be custody, it needs to be long enough for the person to be assessed, treated and known properly. Six months does not do it.
Baroness Williams of Trafford
My noble friend is absolutely right about the maximum sentence, but alights on an important aspect of someone’s rehabilitation, which is not just about the custodial sentence—it is about all the other interventions that go with it, both while that person is in custody and upon release.
The other difficulty with the amendments is the damage that they do in undermining the steps we have taken in the Bill to ensure consistency, regarding the maximum penalty available to the courts when dealing with offences relating to the sale to a person under 18 of corrosive products on one hand, and of a knife or bladed article on the other. When the Bill was considered in Committee in the Commons, there was strong support from the Opposition for a consistent approach to be taken.
I am well aware of concerns about individual retail staff or delivery drivers being prosecuted, and the impact that would have on them. However, the experience from other age-restricted products is that in many cases it would be the company selling the product or arranging its delivery that would be prosecuted. There could be occasions when it might be a shop worker who was prosecuted, but it is more likely that it will be the company operating the store, because it will be responsible for ensuring that procedures and training are in place to avoid commission of the offence. Where it is the company that is prosecuted, the sentence is likely to be a fine rather than a custodial or community sentence; but if an individual is prosecuted, the full range of penalties should be available.
Lord Kennedy of Southwark
The Minister mentions an interesting point, about the company being prosecuted, and then talked about the range of penalties. Would it be an individual, such as the chief executive, managing director or personnel director, who would be prosecuted?
Baroness Williams of Trafford
In precedence for these sorts of cases, it is quite often the company that is prosecuted, with a fine—of a range—imposed on it. Obviously, if an individual is prosecuted, the full range of penalties should be available.
Lord Kennedy of Southwark
When we had the debate before, I think it was suggested by one of the Minister’s noble friends that when health and safety law changed and responsibility was brought to bear on company directors, all of a sudden health and safety improved dramatically in this country. If the company directors or chief executive were more liable, the training they gave to their staff might dramatically improve.
Baroness Williams of Trafford
The prosecution may well fall on a director, because the director is seen to have fallen short in some of the processes to comply with the law. However, yes, it is usually the corporate body rather than the director, but I see the noble Lord’s point.
We have heard that there is evidence that short sentences are ineffectual regarding rehabilitation. The Justice Secretary and Prisons Minister are looking at the question of short sentences and the use of prison in the round. A number of noble Lords have raised that; the noble Baroness, Lady Hamwee, quoted the Justice Secretary in a speech on this very subject.
We have already been clear that custodial sentences should be seen as a last resort, and that offenders with complex needs—including female offenders—should be dealt with in the community wherever possible. However, we must ensure that sentencing matches the severity of a crime, and prison must always be available for the most serious offenders. I am concerned that we do not send out the wrong message that the use of corrosives as a weapon is somehow less serious than the use of knives.
Amendments 32 and 34 seek to strike out the provisions in respect of mandatory minimum sentences in Clauses 8 and 9. Again, the effect would be to treat carrying corrosive substances in a public place less seriously than carrying a knife. These clauses mirror existing knife legislation, and ensure that anyone aged 16 or over who is convicted of a second possession offence or a similar offence—such as an offence relating to a knife—will receive a custodial sentence unless the court determines that there are appropriate circumstances not to do so. The use of minimum custodial sentences will make it clear to individuals that we will not tolerate people carrying corrosives on our streets and other public places with the intention to harm or commit other crimes, such as robbery.
We are talking about serious offences here, where someone is carrying a corrosive substance which could result in someone being attacked and left with terrible injuries, as well as the fear that this can instil into communities. We should bear in mind that the requirement to impose the minimum sentence is not absolute; there is judicial discretion. The court must consider the circumstances of the case, and if there are relevant factors that would make it unjust to impose the minimum sentence, the court has the latitude not to do so.
I recognise that there is a wider debate to be had about our sentencing framework, but this Bill is not the place for it. We are dealing here with particular offences and seeking to ensure consistency between how the criminal law deals with the sale, delivery and possession of corrosive products and substances on one hand, and of knives and offensive weapons on the other. On that basis, I hope that I have been able to persuade the noble Baroness to withdraw her amendment. If not, I invite the House to agree that for these offences, short custodial sentences and minimum custodial sentences continue to have a place, and that noble Lords will accordingly reject the amendment.
Baroness Hamwee
I am grateful to all noble Lords who have contributed. The noble Lord, Lord Hogan-Howe, may not expect me to be grateful, but I am. His raising the issue of weekend sentences was very interesting, and confirms what has come from a number of noble Lords—that the legislation around sentencing generally needs a good look at and some updating to how it operates. Even if you take a firm position one way or the other regarding short sentences, the way that the provisions in legislation interact is clearly troubling a number of noble Lords.
I do not want to respond to all the points made and repeat what I have already said. I am sure that the noble Lord, Lord Hogan-Howe, and my noble friend Lord Paddick could reel off the offences that might be used in the case of the use of corrosive substances causing injury. That is not the subject of these amendments or of the clauses in question.
I also regret the absence of the noble and learned Lord, Lord Judge, who has made it very clear that he opposes mandatory sentences. I will leave it at that point and beg leave to withdraw the amendment.
Lord Kennedy of Southwark
My Lords, these amendments, in the name of the noble Lord, Lord Paddick, seek to allow the delivery of corrosive and bladed products to residential addresses where steps are taken to ensure that the recipient is over the age of 18. If we can get to a position where this is possible, I would be very happy to support these amendments. Getting the balance right between putting in place precautions to stop young people getting their hands on these products, and adequate offences, is something we should all support. If that can be done in a way that is not damaging to business, that is all the better.
I am, of course, very concerned about the situation regarding knife attacks in Sheffield, and we will come on to my amendments about that later. We had a very positive meeting earlier this week. I am happy to support these amendments if we can get that balance right. I still have an issue about putting restrictions on overseas companies as our jurisdiction ends here in the UK. If we can get a system whereby we ensure that British companies are not disadvantaged and, equally, have some restrictions, I will fully support that.
Baroness Williams of Trafford
My Lords, I am grateful to the noble Lord, Lord Paddick, for explaining the rationale of these amendments, which would change the new offence of sending a corrosive or bladed product to residential premises or a locker so that no offence is committed if a product is delivered into the hands of a person over the age of 18. This would mean that sellers could continue to dispatch products to residential premises providing that they are sure that the products will be delivered to a person over 18. The amendments for corrosive products also amend the defence of having taken all reasonable precautions, to include that they believed that the products would be delivered to a person over 18 and they had either taken reasonable steps to establish the person’s age—for example, relevant age-verification documents such as a passport or driving licence had been provided—or it was clear that the person was not under the age of 18. It would also be a requirement for a delivery company acting on behalf of the seller to confirm they had checked the person was over 18 at the point of delivery. In effect, the amendments in this group say that if a seller meets the first of these requirements, they can go ahead and sell the items to residential premises.
The Government’s approach to the sale of corrosive products, bladed articles and products in relation to UK remote sellers is twofold. First, we want to drive an improvement in the age-verification and dispatch processes of remote sellers. We are doing this by saying that unless they meet certain minimum conditions, they will not be able to rely on the defence that they have taken all reasonable precautions and exercised all due diligence if they are prosecuted for the offence of selling a corrosive product or a bladed article to a person under 18. These conditions include that they have suitable age-verification systems in place at the point of sale, that they clearly label the items when they are dispatched and that they have arrangements in place to ensure that when finally delivered, the items are delivered into the hands of a person over the age of 18. Many of the requirements covered by the amendments in this group are already reflected in the Bill.
Secondly, we believe that in addition to stronger checks by remote sellers, the dispatch of corrosive and bladed products to a residential premise or locker should be banned and that instead, buyers will need to pick them up from a collection point. This will ensure that the items are not delivered to a person under 18. There are two reasons why the Government believe that, in addition to age checks at the point of sale, sellers should also be prohibited from sending the products to a home address. First, it will be possible for buyers to get round any age-verification systems at the point of sale in relation to remote sales, for example by using a borrowed credit card or using another person’s passport or driving licence. Until we are confident that online age-verification systems are robust, we do not want to depend on them entirely.
The Duke of Montrose
My Lords, I have a series of amendments later on to do with the delivery of bladed articles to residential premises. One of the matters that will always arise is that the Government say that if you can get your house classified as a place of business, then you come into the permitted category. However, I have two questions: first, what constitutes designating your premises as a place of business and secondly, will that affect the local authority’s view as to the level of rates that it would impose on the premises?
Baroness Williams of Trafford
Turning to my noble friend’s question, if your home is also your registered business address, then clearly is it both. The noble Lord actually raised that point in Committee. The residential address can be either just a residential address or both a business and a residential address.
Returning to my other point about someone being prohibited from selling a product to a home address, we want to avoid any liability regarding checking age falling on the delivery company when the item is handed over. This is because delivery companies indicated in our discussions with them that they might simply refuse to deliver items on behalf of sellers if the legal responsibility for checking age falls to them. We are willing to accept this risk in relation to overseas sales because we are less concerned about the impact on overseas sellers, should their trade be affected, but for UK sales we do not want to place a liability on deliverers because there is a risk that they will then refuse to deliver any bladed items. The Government position is therefore that any liability for ensuring that any remotely sold corrosive and bladed products in the UK are not sold and delivered to under-18s should fall solely on the seller.
I have one final point to make, about a meeting that the noble Lord, Lord Kennedy, and I had with the Sheffield knife manufacturers. As a result of that meeting, I want to satisfy myself of the position in relation to a couple of major delivery companies to ensure that that has not changed. Nothing in the meeting led me to doubt the position, but I just want to clarify that. In the meantime, I ask the noble Lord, Lord Paddick, to withdraw his amendment.
Lord Paddick
My Lords, I am grateful to the noble Lord, Lord Kennedy, for his qualified support for these amendments. As far as the explanation from the Minister was concerned, however, if you are a sole trader, you could be considered to be conducting your business from your home address. The Inland Revenue would be the only ones who knew that, and that information would be confidential. Therefore, there is no way that a delivery company could establish beyond reasonable doubt whether your residential address was a business address or not. As with a lot of this Bill, it clearly has not been thought through. The Minister has completely avoided the fact that this significantly disadvantages UK businesses as opposed to overseas ones. If they do not inform the UK delivery company what is in the parcel, there is absolutely no comeback on the delivery company whatsoever. Anything can be delivered to a residential address, whether it is a bladed article or a very strong acid ordered from an overseas business.
The Government say they want to avoid putting a liability on delivery companies, but this legislation puts liability on delivery companies if they are delivering corrosive substances or bladed articles from overseas. The only difference concerns whether the company is from the UK or overseas. Again, the Minister failed to answer how age verification at a collection point is more secure than on the doorstep. She completely failed to address the issues I raised. However, there are far more important things to get on to so at this stage, I beg leave to withdraw the amendment.
Baroness Neville-Rolfe (Con)
My Lords, as some noble Lords know, my background is in retail, and I have experience of managing the sale of dangerous objects—such as knives—and of alcohol and glue in shops, as my noble friend mentioned. This is an important issue, and we all have a lot of sympathy with workers in this sector. It is also important that we get it right, and while the issue affects shop workers, it is important to look at it in detail and work out what sectors would be affected. There has been a call for evidence and a meeting of the National Retail Crime Steering Group to look into this matter. It is important to look carefully at these offences, and provide time for interested parties, such as those representing shops, the unions and other stakeholders, to come forward and look at the detail of the arrangements. That makes it difficult, given we have got to Report, to deal with it in this Bill.
We all recognise concerns raised by stakeholders. Indeed, the Bill is about trying to make sure that offensive weapons do not get into the wrong hands. I am sympathetic to more work being done on that, but it is important to look at both legislative and non-legislative options for this sort of proposal. I look forward to hearing my noble friend the Minister’s response to this important amendment.
Baroness Williams of Trafford
My Lords, I thank noble Lords for speaking to this amendment. I am particularly grateful to the noble Lord, Lord Kennedy, for his tireless work throughout the Bill to raise awareness of the violence and abuse towards shop workers, often those in small corner shops who are on their own, late at night, with little protection and who face, as my noble friend Lord Goschen pointed out, quite abusive behaviour. I thank the noble Lord and representatives from USDAW for meeting me, and having a constructive discussion about how we can improve protections for shop workers, and whether there are any gaps in both the legislative and the non-legislative space that we can work on. I am concerned for retail staff who do not feel safe when they are carrying out their duties at work. As I have said previously, everyone has the right to feel safe at work.
We had a good debate on this matter in Committee, and I understand the strength of feeling on this issue—I am very sympathetic to it. I know that the noble Lord, Lord Kennedy, was grateful to have a meeting with the Minister in the other place on this issue as well. Before I outline the Government’s work in this area, I want to be absolutely clear that we do have an extensive legislative framework in place to protect those facing abuse in the workplace. It ranges from civil tools and powers, including civil injunctions to address lower-level anti-social behaviour we often see, to criminal offences including harassment, common assault, assault occasioning actual bodily harm, and threats to kill in some rare cases. Where an offence is committed against a shop worker in the course of carrying out their duties, the courts can, quite rightly, take into account as an aggravating factor the fact that the offence was committed against a person serving the public. That, in part, answers my noble friend Lord Goschen’s point. In addition, the Sentencing Council is due to consult on an updated guideline on assault this summer.
Baroness Williams of Trafford
I totally understand the noble Lord’s point. He reminds me at every opportunity and I think that I will have written on my grave the “rogue landlords database”. However, I have to say that bringing forward the call for evidence will expose any gaps in the legislation. I appreciate, and I know that the noble Lord does as well, that we are going through a busy legislative time. However, we will provide opportunities to bring forward legislation should it be needed.
My noble friend Lady Neville-Rolfe asked what the evidence will cover. As I have said, this was discussed at the extraordinary meeting of the National Retail Crime Steering Group on 12 February. We want to take into account the group’s feedback and to use the call for evidence to strengthen our evidence about the scale and severity of the issue. As she has said, we hear lots of anecdotal horror stories, but we want to look at the broad evidence. Any abuse of a shop worker while doing their job is absolutely unacceptable, but we want to understand in more detail how frequently people are the victims of serious crime. I turn to the point made by my noble friend Lord Goschen about what sorts of businesses we are talking about. The scope and the direction will be led by the National Retail Crime Steering Group.
We want to use the findings to consider what more we can do to ensure that shop workers have the protections they deserve. That is at the heart of the noble Lord’s point. If the call for evidence shows that there is a gap in the existing criminal law, we will give that serious consideration. The group also discussed the options for strengthening the existing workplan. It includes actions to support staff who report incidents to the police and to improve police recording. We have committed to providing £50,000-worth of funding for a sector-led communications campaign to help raise awareness. We appreciate that there will be a huge spectrum of awareness across the sector.
I am grateful to noble Lords for their work in raising awareness of the challenges faced by shop workers and indeed I am grateful to the representatives of USDAW who have taken the time to articulate these issues to me. I hope that our commitment to exploring this issue further through the call for evidence and the wider work being taken forward by the Home Office will reassure the noble Lord that we are taking the concerns raised about this issue very seriously. The fact remains, though, that until we have had the call for evidence and we have studied the responses, there is not sufficient existing evidence to support the need for any new offence as provided for in the amendment.
I hope that the noble Lord will be content to withdraw his amendment. I know that in taking time to raise these concerns with me that he is not trying to be troublesome. He is addressing a real concern from the retail industry and I hope that we can work together on this.
Baroness Neville-Rolfe
I wonder whether my noble friend could comment on who sits on the National Retail Crime Steering Group if that is going to be important in carrying forward this work. I presume that the retailers’ unions will be represented, along with the police and other relevant people. If she is not able to answer the question, it would be helpful to have that information by way of follow-up because I think that there is a consensus across the House that it would be good to find a way forward in this area. However, we will want to make sure that the legislation covers the right areas and carries the right penalties.
Baroness Williams of Trafford
Representatives of USDAW are part of the steering group along with staff from large retail organisations right down to small shop owners. It is important that we have a wide range of representation from organisations so that we can see the full spectrum of exactly what issues are involved. I am aware of my noble friend’s past employment with Tesco. Somehow I had assumed that a big organisation would suffer less abuse because the shops are covered by security officers, but that is not necessarily the case. I have witnessed this myself in big retail organisations, and to improve our understanding, we need representation from across the spectrum of those retail companies.
Lord Hogan-Howe
I am minded to support the amendment, because the case is a good one for shop workers. I just wonder whether, if the Government are not minded to support an explicit offence—whether for shop workers or any retail worker who is enforcing a licence—in legislation in whatever form, the Sentencing Council could consider that as an aggravating factor in the offences that already exist. This could relate to many other types of offence, so we may be able to support the people who need supporting without needing all the legislation to change to cover the different types of licensee who need that support.
Baroness Williams of Trafford
The noble Lord makes a good point about aggravated offences—and of course, that can be explored through the call for evidence. As he will know, it is already an offence to abuse or attack someone who is serving the public. USDAW wanted something specifically related to shop workers, and that is one of the suggestions that could be taken forward—in fact, it may well be taken forward—to the call for evidence.
Lord Kennedy of Southwark
My Lords, I thank everyone who has spoken in the debate. There was a lot of support around the House for the issues that I am bringing forward, and I am grateful to all noble Lords who have spoken. We can all agree that no one should be threatened or abused while doing their lawful business and earning a living. That is important. The noble Viscount, Lord Goschen, asked why we particularly want this now. It is because in the Bill we are putting burdens on shop workers, who risk going to prison if they do not enforce its provisions. That is why we have responded. We are giving them particular offences that they can commit, but we also want them to have further protection in relation to these very serious products.
I thank the noble Lord, Lord Paddick, for his support, although it was qualified. I am sorry if I caused him concern; I never intended the sentence to be custodial, but when I looked at it I realised I would have to put that option down. If nothing else, that highlights the need to review how we impose custodial sentences on people. In many cases we need interventions, but we do not want to risk someone going to prison at that point, so I hope we can come back to that at a later stage.
I also thank the Minister for her very detailed response, and for the fruitful meeting that she had with USDAW representatives and myself recently. I think she accepted that they made their case very well, that they know what they are talking about in representing their members, and that they understand the world of retail.
It is important that we get this right. I accept the point that there will be a call for evidence. That will be a second call for me, because I am going to keep pursuing the noble Lord, Lord Bourne, about the rogue landlords database, and I am also pursuing the noble Baroness about the protection of shop workers, and asking when we are going to get legislation on that subject. These are two important matters, and I shall carry on with them, because we cannot let such things be forgotten. We need to ensure that people going about their lawful business and earning a living are protected. Unfortunately, many shop workers—we heard that it is 280 a day—get assaulted in the UK. That is utterly disgraceful, and I hope the evidence that comes in will support the need for legislation. The noble Lord, Lord Hogan-Howe, made an important point about sentencing guidelines and the Sentencing Council, and there may be something we can do that would not need legislation.
I am not going to test the opinion of the House. I am tempted to, but I have listened to the debate and decided, in view of the way the Minister has engaged with us, to withdraw the amendment.
“PART 1AKNIFE CRIME PREVENTION ORDERSKnife crime prevention orders made otherwise than on convictionKnife crime prevention order made otherwise than on conviction
(1) A court may make a knife crime prevention order under this section in respect of a person aged 12 or over (the “defendant”) if the following conditions are met.(2) The first condition is that a person has, by complaint to the court, applied for a knife crime prevention order under this section in accordance with section (Requirements for application for order under section (Knife crime prevention order made otherwise than on conviction)).(3) The second condition is that the court is satisfied on the balance of probabilities that, on at least two occasions in the relevant period, the defendant had a bladed article with them without good reason or lawful authority—(a) in a public place in England and Wales,(b) on school premises, or(c) on further education premises.(4) In subsection (3) “the relevant period” means the period of two years ending with the day on which the order is made; but an event may be taken into account for the purposes of that subsection only if it occurred after the coming into force of this section.(5) Without prejudice to the generality of subsection (3), a person has good reason for having a bladed article with them in a place mentioned in that subsection if the person has the article with them in that place—(a) for use at work,(b) for educational purposes,(c) for religious reasons, or(d) as part of any national costume.(6) The third condition is that the court thinks that it is necessary to make the order—(a) to protect the public in England and Wales from the risk of harm involving a bladed article,(b) to protect any particular members of the public in England and Wales (including the defendant) from such risk, or(c) to prevent the defendant from committing an offence involving a bladed article. (7) A knife crime prevention order under this section is an order which, for a purpose mentioned in subsection (6)—(a) requires the defendant to do anything described in the order;(b) prohibits the defendant from doing anything described in the order.(8) See also—(a) section (Provisions of knife crime prevention order) (which makes further provision about the requirements and prohibitions which may be imposed by a knife crime prevention order under this section),(b) section (Requirements included in knife crime prevention order etc) (which makes further provision about the inclusion of requirements in a knife crime prevention order under this section), and(c) section (Duration of knife crime prevention order etc) (which makes provision about the duration of a knife crime prevention order under this section).(9) Section 127 of the Magistrates’ Courts Act 1980 (time limits) does not apply to a complaint under this section.(10) In this section—“court”—(a) in the case of a defendant who is under the age of 18, means a magistrates’ court which is a youth court, and(b) in any other case, means a magistrates’ court which is not a youth court;“further education premises” means land used solely for the purposes of—(a) an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), or(b) a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010),excluding any land occupied solely as a dwelling by a person employed at the institution or the 16 to 19 Academy;“public place” includes any place to which, at the time in question, the public have or are permitted access, whether on payment or otherwise;“school premises” means any land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by section 4 of the Education Act 1996.”Member’s explanatory statement
This Clause and the other amendments of the Minister to insert new Clauses after Clause 13 would make provision for knife crime prevention orders and interim knife crime prevention orders imposing requirements and prohibitions on defendants and subjecting them to certain notification requirements.
Baroness Williams of Trafford
My Lords, the government amendments in this group introduce knife crime prevention orders. Noble Lords will recall that these amendments were debated in Grand Committee on 6 February but were withdrawn because it was clear that they did not attract universal support, as the procedural rules in Grand Committee require. The government amendments before us today are the same as those debated in Grand Committee. Given that we have already had a substantial debate on these new civil orders, I do not intend to go through every aspect of them. However, it is worth stating again why the Government have brought forward these measures and to summarise how they will work.
All noble Lords will appreciate that we face a significant increase in knife crime at present, particularly in London but also in other major cities and across the country. It is sad to say that hardly a day goes by without further horrific examples of the devastation that such crimes cause, not only to individual families but to entire communities. We must do everything we can to stop this increase in violent crime.
The latest police recorded crime figures published by the Office for National Statistics in January for the year ending September 2018 show that there have been close to 40,000 knife-related offences. This is an 8% increase compared to the previous year. The number of homicides where a knife or sharp instrument has been used has increased by 10% in the last year to 276 offences. Of all recorded homicides in the latest data, more than four in 10 involved a knife or a sharp instrument. Police-recorded offences involving the possession of an article with a blade or point rose by 18% to approaching 20,000 offences in the year ending September 2018. This rise was consistent with increases seen over the past five years and is the highest figure since the series began in March 2009.
It is vital that the police have the powers they need to prevent knife crime and protect the public from the devastating effects of violent crime on our streets. When we prosecute young people for knife crime, it is already too late for families when their sons and daughters are lying in hospital or dead on the street. This is tearing some of our communities apart and if there are measures available that might help to tackle this issue, then we must not hesitate to put them in place.
These new civil prevention orders will enable the police to more effectively manage those at risk of being drawn into trouble and help steer them away from crime, and the Government make no apologies for bringing them forward. The orders are aimed at three groups of people: young people who have been carrying a knife; habitual knife carriers of any age; and those who have been convicted of violent offences involving knives.
In the case of young people, the police may have intelligence that a young person routinely carries a knife but for a variety of reasons they have been unable to charge them with a possession offence. Before risky behaviour escalates, a KCPO, as they are called, could be in place to divert the person away from a life of prolific offending.
As I have indicated, people who the police deem to be habitual knife carriers could also be subject to a KCPO. This would include people who may have previous convictions for knife crime or where the police have intelligence that they regularly carry knives. The KCPO would enable the police to manage the risk of future offending in the community. This is the cohort that the police see as their main target for these orders. They estimate that there are about 3,000 habitual knife carriers across England and Wales, although that is not to say that all that cohort would be made subject to a KCPO.
It may be helpful if I explain briefly how the orders will work. An application for a KCPO can be made by a relevant chief officer of police to a magistrates’ court or, in the case of young people, the youth court. A court may make an order only if it is satisfied that the defendant had a bladed article without good reason in a public place or education premises on at least two occasions in the preceding two years, and that the order is necessary to protect the public or prevent the defendant committing an offence involving knives. A KCPO can also be made on conviction where the defendant is convicted of a relevant offence and, again, the court thinks the order is necessary to protect the public or prevent the defendant committing an offence involving knives.
A KCPO may require a defendant to do anything described in the order and/or prohibit the defendant doing anything described in the order. The KCPO can include any reasonable prohibition or requirement which the court is satisfied is necessary, proportionate and enforceable. An order could therefore include things such as curfews or restrictions on going to a particular place.
A KCPO can also include positive requirements, and we think these are particularly important. A positive requirement could be attending some form of knife awareness training or a programme to move young people away from knife crime. Some of these programmes are already being funded under the serious violence strategy, and we are keen to build on the excellent work that is already under way to help divert young people from violent crime and is often provided by groups which have first-hand experience of dealing with knife crime in their communities. Where a KCPO imposes such a requirement it must specify a person who is responsible for supervising compliance with the requirement. For instance, if the requirement is attendance at a knife awareness intervention, the person designated to supervise compliance may be the youth worker providing the intervention.
KCPOs will have a maximum duration of two years and must be reviewed by the courts after 12 months. KCPOs issued to under-18s will be expected to be subject to more regular reviews, an issue which we will address in guidance. There are provisions for variation, renewal or discharge of KCPOs on application by the defendant or the police. There are also provisions for appeal against the order. Breach of the order, without reasonable excuse, is a criminal offence subject to a maximum penalty of two years’ imprisonment.
Young people are clearly an area of great concern to a number of noble Lords. The police tell us that the age at which people carry knives is getting lower. We also know from hospital data and from the police that younger and younger children are involved in knife crime as both victims and perpetrators. If we are serious about tackling the epidemic of knife crime on our streets, the measures we take must apply to young people.
I must point out that the civil orders available for dealing with sex offending apply to children as young as 10 and last for up to five years rather than the maximum of two years available under KCPOs. Likewise, the maximum penalties are up to five years in prison rather than the two years we have with KCPOs. I know that noble Lords might argue that sex offending is different and somehow more serious. I am not sure that argument is true given the number of knife-related deaths that we are now witnessing in our cities.
I know that noble Lords will also argue that it would be better to go the anti-social behaviour injunction route, which of course applies to children as young as 10. The argument here is that having contempt of court rather than a criminal offence for breach would make the orders more palatable because it would mean that children would not get a criminal record. The advice that we have had from police, some of which we heard yesterday at the round table, is I think advice that we should listen to very carefully. It is that making it a criminal offence to breach an order is important if we want the order to be taken seriously. I do, however, understand concerns about the application of these orders to young people. That is why we set the minimum age of 12, and that is why youth offender teams will need to be consulted on any orders against defendants under the age of 18. It is why we have said we will consult publicly on the guidance with community groups and youth organisations and others before these orders are brought into force.
This Government are determined to do all they can to protect the public and keep people safe. We must seize every opportunity to end the senseless cycle of violent crime that is corroding our streets. Knife crime prevention orders are not the complete answer to violent crime, but they most certainly will help. I beg to move.
Lord Paddick
My Lords, I said a lot about knife crime prevention orders in Committee. Tonight I am going to focus on pre-conviction knife crime prevention orders. Despite the Government’s claims to the contrary, they will result in many young people being criminalised instead of being diverted away from the criminal justice system. How can we be so sure? Because they are almost a carbon copy of anti-social behaviour orders, which did exactly that—criminalised swathes of young people for breaching a civil order imposed on them on the balance of probabilities but where a breach of the order was a criminal offence, exactly the same as these provisions.
A court has to be satisfied only on the balance of probabilities that, on at least two occasions, the defendant had a bladed article with them without good reason or lawful authority in a public place on school or further education premises. If they were caught in possession of a knife, they could be prosecuted. This is not about young people being stopped and searched and being found with a knife. This is about hearsay evidence, information from informants, the police being tipped off that someone is a knife carrier. An interim order can even be imposed without the defendant’s having the chance to put his side of the story. Imposed on the balance of probabilities, a breach of the conditions can result in a criminal record and up to two years in prison.
These are anti-social behaviour orders reinvented. They are primarily aimed at young people, as young as 12. It may have been a long time ago, but we were all young once. Young people make mistakes; they can be reckless, forgetful, mischievous. The orders would impose, on people who are more chaotic than responsible adults, conditions such as: being at a particular place between particular times on particular days; being at a particular place between particular times on any day; presenting themselves to a particular person at a place where they are required to be; participating in particular activities between particular times on particular days; prohibiting them from being in a particular place with particular people; participating in particular activities; using particular articles or having those articles with them. An order that imposes prohibitions can include exemptions to those prohibitions. They have to tell the police within three days if they use a name which has not previously been notified to the police, or they decide to live away from their home address for more than a month. What does,
“uses a name which has not previously been notified to the police”,
even mean? What if their schoolmates give them a nickname that they have become known by? Do they breach the order if they use that name? The young person is going to need a PA and carry a list of conditions with them at all times which they have to constantly refer to, to make sure that they do not breach the order.
Children are children. These orders can be imposed on young people who have never been in trouble with the police and have never been convicted of a criminal offence, and they could be sentenced to custody because they did not turn up for football practice as the order required them to do or because they were told not to associate with certain people but those people kept following them around. It would be easy for me or other noble Lords, let alone a child, to breach some of these conditions if they were imposed on us, and these orders would last a minimum of six months and up to two years.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, knife crime prevention orders are an attempt by the Government to deal with the horror of knife crime. Hardly a week goes by without a report of a young life lost. We see parents on our television screens in the depths of unimaginable despair as they try to understand what has happened to their child. These are things that no one should have to experience: a child, a loved one, murdered. It is also clear that the perpetrators of these crimes destroy their own lives when they are caught and punished. We must ask ourselves: have we as a society failed these children and young people as well?
Teaching right from wrong starts in the home, of course, but other agencies also play their part as children go to school and interact with the world around them. The destruction of Sure Start by the Government was a huge mistake—it was destroyed at the altar of austerity. Services for young people have been devastated. There are no youth clubs, no youth workers in any great numbers. Where children are not in loving homes and no one is there to help them, who becomes their family? The risk is that it will be the drug dealer, the gangs, and the people who exploit and abuse them, who become their family. You are part of a gang; there are people who are in other gangs. You have your territory and they have theirs. I was horrified to learn recently that there are young people living in Camberwell, an area of Southwark where I went to school, who are too scared to cross Camberwell New Road and walk into Lambeth. I could not believe it but it is true: they have never been into the borough of Lambeth. That is another gang’s territory and if they go there they risk being stabbed and killed.
When we debated this in Grand Committee, I asked why COBRA has not been convened to deal with this national emergency. If there is a flood, or other emergency, it is convened, so why not to stop this appalling loss of life and destruction of young lives and families? Why not try to deal with this as a national emergency? You could get the police, the Local Government Association, the Home Office and every other relevant agency around the table to look at solutions to these tragic, devastating incidents. I do not think it is over the top to stop young people losing their lives.
I accept that there is support for these orders. I think I am correct in saying that the Commissioner of the Metropolitan Police supports them, as does the Mayor of London. However, concerns have also been raised about the criminalising of children. That concern has been expressed tonight by the noble Lords, Lord Paddick and Lord Ramsbotham, the noble Baroness, Lady Meacher, my noble friend Lord Ponsonby and other noble Lords. If these orders are to come into force, we need a proper pilot scheme, with proper evaluation, and then, having considered the report, a vote in both Houses of Parliament on whether to either roll them out fully or not continue with them. This is the subject of Amendment 55 in my name. Amendment 63, which I am grateful to the noble Lord, Lord Paddick, for supporting, sets out the report to be laid before Parliament before these come into effect.
There are legitimate concerns about the way this proposal has been introduced so late in the day, the lack of consultations with relevant organisations and the lack of scrutiny in the other place where there was none at all because it was introduced after the Bill had left that House. Although I believe we do scrutiny better in this House, the elected House should have had its opportunity and the fact that it has not is regrettable. Getting a series of Lords amendments to debate in the other place is not the same as a Bill Committee, with evidence being taken and the other place going through its proper parliamentary procedures. I think this proposal deserves that.
A number of key points have been raised by noble Lords around the House. The Minister needs to respond carefully before we decide whether to vote on these matters.
Baroness Williams of Trafford
I thank all noble Lords for their contributions. I particularly thank the noble Lord, Lord Kennedy, for his point about responding carefully—I certainly shall, because this is a very serious issue.
Before I respond to the amendments from the noble Lords, Lord Kennedy and Lord Paddick, and other points raised in the debate, I want to emphasise again that the purpose of these orders is not to punish those who have been carrying knives but to divert them away from that behaviour and to put in place measures that will stop them being drawn into more serious violent offending. The noble Lord, Lord Ponsonby, quoted my honourable friend Vicky Atkins, who said that they are there to provide that wraparound care. That is precisely their intention—not to draw children into criminality. The noble Lord, Lord Paddick, said that a public health approach is needed, and I absolutely agree with him. My right honourable friend the Home Secretary precisely outlined his intention to pursue a public health approach to this issue.
The other important thing to note about these orders is that they should not be seen in isolation, and they will not in and of themselves provide all the answers. They need to be seen in the context of the comprehensive programme of action set out in our Serious Violence Strategy, which we published last year.
We must try and stop the journey that leads young people from carrying a knife for self-protection to serious violence. We should not focus on picking up the pieces but do all we can to stop those lives being broken in the first place. I am sure noble Lords will agree that prosecution for young children is not always the most appropriate response, and we do not want them drawn into the criminal justice system if we can possibly help it. KCPOs will enable the police and others to address the underlying issues and steer young people away from knife crime through positive interventions.
The amendments contain important safeguards to ensure that KCPOs are not used inappropriately against young people under the age of 18. In particular, the amendments require the police to consult the relevant youth offending team before an order is made and, once made, an order must be reviewed by the courts after 12 months. We fully expect that the courts will provide for more regular reviews where a KCPO is issued to a person under the age of 18. But we remain of the view that the breach of an order should be a criminal offence if these orders are to be effective. This will mean that those on orders understand how important it is to comply with the restrictions or requirements imposed by the court.
I turn now to the amendments from the noble Lord, Lord Kennedy. These amendments tie into government Amendment 52 which provides for, and indeed mandates, the piloting of KCPOs. That these orders should be the subject of a pilot before they are rolled out nationally is clearly a sensible approach, although I take the point of the noble Lord, Lord Hogan- Howe, who would just like to see them rolled out. But these are new orders and it is important that we get them right. Piloting will mean that the police can try out the orders in a few areas, and that they can build experience and learn lessons from operating them for an initial period before they are made available to other police forces. I would expect the pilot areas to include one or more London boroughs, but they might also include other cities with high knife crime. By their nature, the pilot areas will be limited and I hope that assurance deals with Amendment 60 in the name of the noble Lord, Lord Paddick.
Amendment 52 further requires a report to be laid before Parliament on the outcome of the pilot. This will allow Parliament to consider whether these orders are effective and whether they are likely to deliver the intended benefits. It is important that this report is as comprehensive as possible and I am sure that it will include at least some of the information specified in Amendments 57 and 63. By its nature, the report required by Amendment 52 will be a one-off, but I fully expect that once rolled out, KCPOs will be the subject of ongoing scrutiny. There are existing mechanisms for this, such as parliamentary Questions and debates, an inquiry by the Home Affairs Select Committee and the normal process of post-legislative review. I am therefore not persuaded that the new orders should be subject to an annual reporting requirement, as set out in Amendment 63.
Amendment 55 would require the national rollout of KCPOs to be subject to the approval of both Houses of Parliament. I think it is the intention of Amendment 107 to require that regulations provided for the pilots should also be subject to prior parliamentary approval. Again, I am not persuaded of the case for this. The government amendments adopt the standard approach of providing for KCPO provisions, including the pilots, to be brought into force by regulations made by the Home Secretary. In the usual way, such regulations are not subject to parliamentary procedure and I see no reason to adopt a different approach here. Once Parliament has approved the principle of the provisions by enacting them, commencement is then properly a matter for the Executive.
Amendment 52 enables the piloting of the provisions for one or more specified purposes as well as in one or more specified areas. Our intention is to have area-based pilots rather than purpose-based pilots, but we might need some combination of the two. As I have said, our intention is to pilot these provisions principally in part of the Metropolitan Police area, but potentially also in one or two other police force areas. In doing so, it might be necessary to commence certain provisions more widely.
The noble Lord, Lord Hogan-Howe, asked about the situation where an application on conviction is made in the pilot area, but the subject of the order then moves to another part of the country. To cater for such circumstances, it might be necessary to give all courts in England and Wales jurisdiction to vary or discharge, but not to make, an order.
Turning to other issues raised in this group, the noble Lord, Lord Paddick, asked about a consultation that is going to be done as part of the pilot. He also asked about someone who is not guilty of a crime but is given a KCPO. KCPOs are available on application by the police where they have evidence that the individual has carried a knife on two occasions in the preceding two years. If an individual is acquitted but there is evidence that they have carried a knife, an application can be made. It will be for the magistrate or youth court to determine whether the test is met and whether a KCPO is necessary to prevent knife offending or to protect the public.
The noble Baroness, Lady Meacher, asked how many police forces wanted KCPOs and how many do not, which is a reasonable question. The National Police Chiefs’ Council, which represents all 43 police forces in England and Wales, supports KCPOs. In addition, Assistant Commissioner Duncan Ball, of the National Police Chiefs’ Council, said he welcomed the new powers announced by the Home Office, and the APCC chair likewise.
The noble Lord, Lord Hogan-Howe, asked why we have not given a search power. We did not consider the power of stop and search without reasonable grounds necessary because there are existing powers to stop and search individuals where there are reasonable grounds to suspect them of carrying a knife. We think it appropriate for the Police and Criminal Evidence Act 1984 protection to continue to apply to the subjects of these orders.
The Earl of Listowel
My Lords, will the Minister ensure that in any pilots, an assessment will be made of the impact of KCPOs on young people in care who are looked after by their local authority and care leavers?
Baroness Williams of Trafford
The noble Earl is right to point out that children in care are the most vulnerable people in all the areas we look at. Of course, they will be a prime consideration because they are the most likely to be vulnerable to the sorts of things we are talking about. Local authorities, as their corporate parents, are responsible for them.
Finally, the Government do not pretend for one moment that KCPOs are the magic wand to answer all the problems of knife crime. I emphasise that they are one tool, but an important one, to end the scourge affecting young people, communities and their families. With that, I beg to move.
“Requirements for application for order under section (Knife crime prevention order made otherwise than on conviction)
(1) An application for a knife crime prevention order under section (Knife crime prevention order made otherwise than on conviction) may be made only by—(a) a relevant chief officer of police,(b) the chief constable of the British Transport Police Force, or(c) the chief constable of the Ministry of Defence Police.(2) For the purposes of subsection (1)(a) a chief officer of police is a relevant chief officer of police in relation to an application for a knife crime prevention order in respect of a defendant if—(a) the defendant lives in the chief officer’s police area, or(b) the chief officer believes that the defendant is in, or is intending to come to, the chief officer’s police area.(3) An application for a knife crime prevention order under section (Knife crime prevention order made otherwise than on conviction) made by a chief officer of police for a police area may be made only to a court acting for a local justice area that includes any part of that police area.(4) Subsections (5) and (6) apply if a person proposes to apply for a knife crime prevention order under section (Knife crime prevention order made otherwise than on conviction) in respect of a defendant who—(a) is under the age of 18, and(b) will be under that age when the application is made.(5) Before making the application the person must consult the youth offending team established under section 39 of the Crime and Disorder Act 1998 in whose area it appears to the person that the defendant lives.(6) If it appears to the person that the defendant lives in the area of two or more youth offending teams, the obligation in subsection (5) is to consult such of those teams as the person thinks appropriate.”Member’s explanatory statement
See the explanation of the Minister's amendment to insert the first new Clause after Clause 13.
“Piloting
(1) The Secretary of State may exercise the power in section 46(1) so as to bring all of the provisions of this Part into force for all purposes and in relation to the whole of England and Wales only if the following conditions are met.(2) The first condition is that the Secretary of State has brought some or all of the provisions of this Part into force only—(a) for one or more specified purposes, or(b) in relation to one or more specified areas in England and Wales.(3) The second condition is that the Secretary of State has laid before Parliament a report on the operation of some or all of the provisions of this Part—(a) for one or more of those purposes, or(b) in relation to one or more of those areas.(4) Regulations under section 46(1) which bring any provision of this Part into force only for a specified purpose or in relation to a specified area may—(a) provide for that provision to be in force for that purpose or in relation to that area for a specified period,(b) make transitional or saving provision in relation to that provision ceasing to be in force at the end of the specified period.(5) Regulations containing provision by virtue of subsection (4)(a) may be amended by subsequent regulations under section 46(1) so as to continue any provision of this Part in force for the specified purpose or in relation to the specified area for a further specified period.(6) In this section “specified” means specified in regulations under section 46(1). (7) References in this section to this Part do not include section (Guidance) or this section (which by virtue of section 46(5)(za) and (zb) come into force on the day on which this Act is passed).”Member’s explanatory statement
See the explanation of the Minister's amendment to insert the first new Clause after Clause 13.
“Consequential amendments
(1) In section 3(2) of the Prosecution of Offences Act 1985 (functions of the Director of Public Prosecutions) after paragraph (ff) insert—“(fg) to have the conduct of applications for orders under section (Knife crime prevention order made on conviction) of the Offensive Weapons Act 2019 (knife crime prevention orders made on conviction);”.(2) In the Criminal Legal Aid (General) Regulations 2013 (SI 2013/9), in regulation 9 (criminal proceedings) after paragraph (ub) insert—“(uc) proceedings under Part 5 of the Offensive Weapons Act 2019 in relation to a knife crime prevention order or an interim knife crime prevention order;”.(3) The amendment made by subsection (2) is without prejudice to any power to make an order or regulations amending or revoking the regulations mentioned in that subsection.”Member’s explanatory statement
See the explanation of the Minister's amendment to insert the first new Clause after Clause 13.
Monday 4th March 2019
(5 years, 9 months ago)
Lords ChamberOffensive Weapons Act 2019 Read Hansard Text Amendment Paper: HL Bill 160-II Second marshalled list for Report (PDF) - (28 Feb 2019)
This text is a record of ministerial contributions to a debate held as part of the Offensive Weapons Act 2019 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Earl of Erroll (CB)
My Lords, I support everything the three noble Lords have said. I completely concur with everything that the noble Lord, Lord Lucas, said. He is absolutely on the nail.
Just for fun, today I put on a tie that shows a mouse eating a chunk of cheese. I do not know whether noble Lords remember that there was a book some time ago called Who Moved My Cheese?, in which mice run around a maze and get to eat cheese at the end. One day the cheese was moved. One mouse explored and found where the new cheese had been moved to and therefore survived. The other one kept revisiting the old place and died. I recommend this book to the Home Office. The world has changed—the cheese has moved—yet we are legislating as if we did not have an online world and methods of verifying age, and as if people did not have smartphones that they can link to biometrics. We are living in the past. I cannot believe we are passing a piece of legislation such as this. I concur with everything that has been said. I do not mind what scheme is done so long as it is more sensible than the one proposed in the Bill.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, I am most grateful to the noble Lord, Lord Kennedy, for these amendments. I am particularly grateful to him and the Sheffield knife manufacturers for coming to meet me the other week for what I thought was a very helpful and constructive meeting.
We are returning to something we debated in Committee: whether trusted traders should be exempt from the prohibition in the Bill of arranging delivery of bladed products to residential premises or a locker. When we considered these amendments previously, I said that test purchases continue to show that a significant number of online sellers fail to undertake adequate checks to ensure that knives are not sold to under-18s. The most recent test purchases of online retailers, conducted in late 2018, showed that 42% of the retailers sampled failed the test and sold knives to persons under 18.
As the noble Lord has explained, his amendments seek to address this problem by saying that where we know someone is a responsible retailer they should be able to continue to send their products to a person’s home address or a locker. This would apply only to the dispatch of bladed products under Clause 18 and not to the sending of corrosive products to a residential premise under Clause 3—presumably on the basis that the noble Lord is content that corrosives should not be sent to a person’s home.
These amendments would transfer the responsibility for complying with the legislation, and for ensuring that all sales are handled properly, from the seller to the Government. They would do this by requiring the Government to set out the details of the proposed trusted trader scheme, which would then allow for the delivery of bladed products to residential premises. A trusted trader scheme would require sellers to demonstrate that their age-verification systems and procedures, from the point when they receive the order to the point that their designated delivery company hands the item over, are robust and that they can guarantee that the knife will not be handed over to a person under 18.
The Government are not persuaded, in the light of the results of recent test purchase operations, that sellers can provide such reassurance in a systematic and consistent way. Only by requiring age verification at the point where the item is physically handed to a person at a dedicated collection point is it possible to guarantee that a bladed product will not be handed over to a person under 18. Setting up, administering and overseeing a trusted trader scheme would create a further burden on the Government or local authorities, with inevitable cost implications. Simply being part of a scheme, or being in possession of a seal of approval as a trusted trader, does not guarantee compliance with the conditions of the scheme. Many of us know this to our cost, having hired a plumber or builder accredited by a trusted trader scheme. Such a scheme would impose regulatory burdens on participating businesses. In addition, it would need to be administered by an independent regulatory body or by local authorities, albeit with the expectation that participating businesses would be required to meet the cost of running it.
I hope that I have provided a clear explanation of why the Government do not consider that the noble Lord’s amendments would provide the necessary assurance that young people under 18 cannot get hold of knives using online sellers. In coming to this view, I have reflected on the recent helpful meeting with Sheffield knife retailers—which I am very grateful to the noble Lord for arranging—in which something was said about Amazon’s view on the issues this amendment raises. He knows that I cannot promise anything, and we are yet to have a definitive statement on it, but I hope that this being the case, he will feel able to withdraw his amendment.
Lord Paddick
Before the noble Baroness sits down, could she just qualify what she said about the test purchase results? Was this a failure in age verification at the point of purchase or at the point of handover?
The noble Baroness also talked about a burden on the Government to design an age verification scheme, but is that not exactly what this Bill does with knives that are bought overseas and that are handed over at residential premises?
Thirdly, could the Minister again tell me why age verification at handover point is likely to be better than age verification on the doorstep?
Baroness Williams of Trafford
Such a scheme would impose an additional burden. The noble Lord talks about other burdens; I am not denying that there will be burdens on various people from the introduction of whatever scheme comes in, but this would very much pass on that burden to local government.
As I understand it, the failures in online test purchases have lain at the point of sale.
Lord Kennedy of Southwark
My Lords, I thank all noble Lords who have spoken in this short debate. I put this provision forward, but I am not stuck on this or any other particular scheme, and I hope I made that clear in my remarks. I am generally very grateful to the Minister for the way she met with the traders—they were very impressed with the interest she took.
All I want to do is to stop us putting on the statute book something which harms British business—nothing else. The Minister has confirmed that discussions are still going on, so will she allow me to bring the issue back at Third Reading? If so, I would be very happy to withdraw the amendment.
Baroness Williams of Trafford
My Lords, I cannot commit to bringing it back at Third Reading, but I know the noble Lord will bring it back at Third Reading. By then, I hope that I will have further information for him.
Lord Kennedy of Southwark
Just to clarify, is the Minister happy for me to bring it back at Third Reading? I do not want any disputes with the clerks afterwards about this situation.
Baroness Williams of Trafford
I do not think there will be any disputes with the clerks.
Lord Kennedy of Southwark
My Lords, in that case, that is all clear and correct. I am delighted to withdraw the amendment.
The Duke of Montrose
My Lords, the noble Baroness, Lady Hamwee, has raised the question of pointed articles possibly being used by troubled people to cause injury. I should like further confirmation of my reading of the Keeling schedule that we were offered. I took great comfort from that. The part of the 1988 Act to do with supplying knives and blades to people aged under 18 refers to,
“a blade which is sharply pointed and which is made or adapted for use for causing injury to the person”.
That, to my mind, rules out an ordinary pointed article. You would have to prove that it had been used or adapted to cause injury.
Baroness Williams of Trafford
My Lords, I am most grateful to my noble friend Lord Lucas and the noble Baroness, Lady Hamwee, for these amendments. My noble friend has been clever about weaving back into last week’s debate on statutory guidance and the one that we have just had on the trusted trader scheme.
I can see that Amendments 81 and 82 attempt to provide further clarity for manufacturers and suppliers of kitchen utensils and to limit the impact of Clause 18 on such companies. As noble Lords will know, I met representatives of some knife manufacturers in Sheffield and I heard at first hand their concerns about this provision. Amendment 81 seeks to assist manufacturers, retailers and others by providing for statutory guidance on which items are covered by the definition of a bladed product. Amendment 82 clearly goes further and excludes from that definition any product “intended for domestic use” that requires a blade to function. As I understand it, the intention is that items such as food processors, and perhaps bread knives and steak knives, could be sent to residential premises if they have been sold remotely. Food processors and similar items are clearly not the sort of things that can be used as offensive weapons and it is not intended that they will be covered by the prohibition on arranging delivery to a residential premises or a locker. Products such as table knives are also excluded from the definition of bladed products because they are not capable of causing serious injury by cutting a person’s skin.
I turn to the wording of Amendment 82. The term “intended for domestic use” perhaps lacks clarity. Although most people would accept that kitchen knives are intended for domestic use, there may be some doubt as to whether hobby knives, camping knives and DIY tools can also be said to be intended for domestic use. I worry that amending the definition in this way could lead to sellers of fairly nasty knives marketing them as purely for domestic use to get around the delivery prohibition. That said, if a prosecution was brought for this offence, it would be for the seller to show that the product did not fall within the scope of the offence as it was intended for domestic use. The approach in Amendment 82 is therefore not without risks and there may be issues around defining what is meant by “domestic purposes”. However, I agree with my noble friend that this is certainly an area where guidance for retailers and others will be beneficial and it is our intention to provide such guidance, exercising the power conferred by Amendment 106, which we debated last week.
Lord Pannick (CB)
Why is it thought that guidance is less likely to lead people to seek to evade the purposes of this legislation than putting a definition in the scope of the Bill itself?
Baroness Williams of Trafford
If I understand the noble Lord’s question, he is asking whether guidance is less likely to make people abide by the law and why we do not just put it in the Bill. I am struggling to answer that question.
Lord Pannick
The Minister has expressed concern—she may well be right—that, if the Bill were amended to make clear what is and is not covered, there is a risk that sellers would seek to use that definition to try to get around the contents of the Bill. Given that she says that these matters will be dealt with by guidance, is there not the same risk? Would it not be better to define in the Bill what the Bill covers and does not cover, not least because guidance will not bind the courts? It is for the courts to interpret. The problems of uncertainty will inevitably arise if the Government rely purely on guidance. That is the point.
Baroness Williams of Trafford
I stick by the point that people will use the list in the Bill to try to get around the law, and therefore guidance is helpful. It is helpful both to the retailers who will be selling items but also to the courts in interpreting the legislation. Of course, the difficulty in this legislation is that knives have myriad uses, which in many ways is why this has been quite a difficult Bill to take through.
Baroness Hamwee
My Lords, given the problems with the Bill itself, I make a point so that at least Hansard is accurate on this. The Minister talked about using terminology such as I have used to allow retailers to sell knives online and deliver them to domestic premises—she talked about bread knives and steak knives. This wording would require the product to function only with a blade. That clearly would not apply to a bread knife; if it does, every knife can function only with a blade. I am not suggesting that the precise detail of this amendment be included in the Bill, but this all goes to show that if we resist being specific here, we risk causing more problems, not fewer. If I did not say so before, nothing I have said seeks to undermine in any way what my noble friend Lord Paddick said about his overarching approach, which we should be following.
Baroness Williams of Trafford
It comes back to the noble Baroness’s point about consultation. In developing the guidance, we must and will engage with business and organisations such as the BRC. The intention is that it will be developed with them. We could have a circular argument here about whether things should be directly specified in the Bill or how helpful the guidance will be in helping retailers and the criminal justice system, but guidance generally will help the Government keep pace with developments.
Amendment 86 is similar to Amendment 81 and again seeks to require the Secretary of State to issue guidance. We have already debated government Amendment 106, which will enable the Secretary of State, Scottish Ministers and the Northern Ireland Justice Department to issue statutory guidance on certain parts of the Bill, including those dealing with offences of remote sale and delivery of knives. We intend that there should be guidance to retailers on what items are prohibited from dispatch to residential premises or a locker under Clause 18. I think the government amendment is adequate to cover this.
Lord Paddick
I apologise for persisting but the Minister referred to table knives being excluded from this prohibition. The table knife that I was given to eat my roast beef with in a restaurant yesterday could cause serious harm to an individual by cutting. Is it or is it not therefore a table knife? This will inevitably lead to a decision by major retailers such as John Lewis not to deliver any knife of any description to residential premises for fear, as the Minister said, that if there is a prosecution the supplier will have to provide a defence in court to the offence. Not many suppliers will be prepared to take that risk.
Baroness Williams of Trafford
I do not think that John Lewis currently delivers table knives or any type of bladed products to residential premises. As it stands, John Lewis does not deliver knives; people have to pick them up or buy them in the shop.
I appreciate the noble Lord’s point about table knives. That is why this legislation is difficult. In many ways it will be for the courts to determine in what context the knife is being used. I am not denying what the noble Lord says.
Lord Kennedy of Southwark
When this discussion is over I invite the Minister to read Hansard and to reflect on the debate—it is distressing. We are talking about table knives, steak knives and knives to shear sheep and so on when we have a serious problem on our hands in this country with knife crime. This Bill completely misses the point. People have been murdered over the weekend and it is frustrating that this legislation completely misses the point.
Baroness Williams of Trafford
My Lords, we are not missing the point: we are trying to get a balance between people selling products which can be used for perfectly legitimate purposes and those seeking to abuse these products in order to do harm to people. One of the attacks at the weekend took place round the corner from me. I fully have in mind the danger that knives can cause but we are trying to get the balance right.
Lord Lucas
I appreciate the difficulties the Government are having in trying to get this clause right. I go back to the first amendment we debated today and the concern of the noble Lord, Lord Kennedy, and I that we are disadvantaging British sellers relative to overseas sellers for no advantage to the peace of the realm. If someone wants to get a knife, all they have to do is order it from Holland and then it can be delivered to their house. It really matters whether we focus this prohibition on British sellers widely or narrowly, and the way the clause is drawn at the moment is capable of wide interpretation.
The guidance will have to be good and clear. I agree that it will not have the force of the law but it will have an effect on police officers, I hope, in deciding whether to launch a complaint or a prosecution. It will have an effect on the CPS, and it will certainly have an effect if it is reported in a newspaper that there has been a prosecution. It will be the prosecution that is laughed at, rather than the retailer condemned, if the guidance makes it clear that something should be allowed. It matters in relation to large items such as food processors; if they and all the rest of one’s wedding gifts cannot be delivered to one’s home address, people will go somewhere else, which would be abroad. It is a big enough item to make such a decision about and it is not obvious why it should be prohibited, whereas we can all accept that we should have to jump through a few hoops when obtaining a knife because they are dangerous and we must behave ourselves. I hope that the Government will draft the guidance with the interests of British traders at heart.
I am grateful for my noble friend’s reply and beg leave to withdraw the amendment.
Baroness Williams of Trafford
My Lords, I am grateful to my noble friend Lord Lucas for returning us to this difficult issue about what we do in relation to overseas sellers of knives. Noble Lords will recall that the issue is that while we can place requirements, such as those under Clause 18, on remote sellers based in the UK, we cannot do the same in relation to overseas sellers. This is because we cannot practically take extraterritorial jurisdiction over sellers based abroad. We have tried to address this through the provisions in Clause 21. These provisions make it an offence for delivery companies in the UK, which are operating under specific arrangements to deliver bladed articles on behalf of overseas sellers, to deliver those articles into the hands of a person under the age of 18.
We accept that this is not the complete answer to the problem because overseas sellers can simply send the items unmarked through the international mail. This is exactly the situation that my noble friend’s amendment seeks to address. It would provide a power to confiscate bladed articles that are sent from overseas to a UK residential address and which are, first, not subject to specific arrangements between the delivery company in the UK and the overseas seller and, secondly, not labelled to show that age must be verified on delivery.
Although it is not clear from the amendment, the power is presumably to be exercised by Border Force because the amendments refer to detecting the articles in transit from overseas. The amendment would mean, in effect, that only bladed articles sold overseas which are subject to specific delivery arrangements in the UK would be allowed. I can therefore sympathise with the intention behind this amendment.
However, there are a number of problems with the amendment. At present, Border Force can seize two types of bladed articles. It can seize weapons prohibited under Section 141 of the Criminal Justice Act 1988, such as zombie knives and death stars, and Section 1 of the Restriction of Offensive Weapons Act 1959, which covers flick knives and gravity knives, because the importation of these weapons is banned. It can also seize any weapon which it believes is evidence in relation to a criminal offence.
This amendment would mean that Border Force would have a power to seize items which are not prohibited by law and where they are not evidence in relation to a criminal offence. This would mean that a wide range of items which are going to a residential address in the UK from overseas could be seized and handed to the police to be destroyed. The amendment is not limited to overseas sales, so it would mean that bladed articles sent from a relative overseas to someone in the UK could also be seized. It would mean that someone bringing back a bladed article from their holiday, such as a souvenir, could have it seized or that a fencer returning from a competition overseas with their swords could have them confiscated by Border Force. It would mean that articles which have been legally sold overseas and legally bought by someone in the UK could be seized.
Secondly, the amendment assumes that there is some way of detecting such articles. Not all items coming into the UK are scanned, so unless Border Force happens to come across bladed articles as part of routine searches, they are unlikely to be detected. Even if such items were detected, Border Force would need to ascertain whether they were being sent to a residential address. For example, it would need to decide whether 12 High Street is a residential or business address. Finally, it would need to establish whether they were subject to specific arrangements between a delivery company and the overseas seller. It would then have to have arrangements for handing the articles to the police for destruction. This would all have significant resource implications for Border Force. It is for all these reasons that I am afraid I cannot support my noble friend’s amendment. I hope that in these circumstances he will withdraw it.
Lord Paddick
Before the Minister sits down, will she explain why the Government cannot exert extraterritorial jurisdiction over foreign websites when they are doing exactly that when it comes to online pornography on overseas websites? In that case the BBFC, acting on behalf of the Government, gets in touch with the online pornography website and threatens them that unless and until they have approved age verification on their sites, BBFC will instruct UK internet service providers to block access to those websites from the UK. Why cannot a similar system be used to block overseas companies which are known to be selling prohibited weapons to the UK?
The Earl of Erroll
The noble Lord, Lord Paddick, is absolutely correct, as Part 3 of the Digital Economy Act provides. In her response, the Minister said that the sender would not know whether they were sending to a residential address. A UK business has exactly the same problem, yet she was using this to justify blocking UK sales. I do not see how she can apply one rule to UK companies and another to foreign companies. We need to be even-handed.
Baroness Williams of Trafford
My Lords, in an ideal world, we would have the same systems for overseas and domestic sales. We cannot exercise ETJ—
Baroness Williams of Trafford
As I understand it, we cannot. We have had the example of pornography. The system I am referring to relates to online sales. Am I right in thinking that the system referred to by the noble Lord, Lord Paddick, relates to streaming? He will correct me if I am wrong.
Lord Paddick
I am very grateful to the noble Baroness. These are paid-for websites. People are paying for a service—there is an exchange. There is another option—I am grateful to the Minister for reminding me. Most financial transactions involving foreign websites are processed by UK credit card companies and so forth. The other way of ensuring that these transactions do not take place even though the company is beyond the UK’s jurisdiction is to ask UK card companies not to process payments to those particular companies. That is the second string to the BBFC bow in order to stop under-18s in the UK from, effectively, buying pornography from overseas websites. Similarly, the Government could put pressure on UK card companies to not process payments to overseas companies which are selling prohibited weapons to under-18s in the UK.
Baroness Williams of Trafford
The noble Lord will agree that not all their sales would be of prohibited items.
Lord Elton (Con)
My Lords, surely that is not an answer. We want to stop the whole thing.
The Earl of Erroll
I will try to help the Minister. The Government or the regulator would be deciding whether a foreign supplier was breaching the terms before informing the credit card agency. You would not go and inform the credit card companies about a foreign supplier that was not selling weapons to underage buyers. It would be triggered by the Government deciding whether a foreign supplier was breaching the rules.
Baroness Williams of Trafford
My Lords, that would require a global trawl of every company in the world selling knives, prohibited or otherwise.
The Earl of Erroll
This has been covered widely in the pornography provisions of the Digital Economy Act, which the good online suppliers of adult content are helping to police. All the systems for online age verification and everything else are in there. Some co-operation and consultation with DCMS and BBFC could be very helpful to the Home Office, because there is an exact parallel. You could almost translate the whole thing over to offensive weapons, which is why we are discussing how this could be done in external groups.
Lord Paddick
To assist the Minister further, I can assure her that there are more websites worldwide providing pornography than there are providing offensive weapons, yet that has not prevented the Government taking action.
Baroness Williams of Trafford
I thank the noble Lord, Lord Pannick, for his intervention. I was not making a glib comment about a trawl; regarding the examples of card companies and delivery companies, we are taking action where we can, but I acknowledge, as I have all the way through the Bill, that we are trying to find the right balance. It is not absolutely perfect, but we are using everything in our armoury to help us guard against the sale of knives to those aged under 18.
Lord Lucas
My Lords, I entirely accept the strictures that the Minister has discussed concerning the wording and theme of my amendment but, as has been shown in this discussion, its substance remains. If we allow the Bill through as it is, it will quickly become known that there are one or two sites, not far away, across a little bit of water, to which anyone with criminal intent can go in complete safety, buy any knife they want, and have it delivered to them at home. Therefore, anyone intent on getting a knife for criminal purposes will be able to do so with total disregard for the rest of the Bill. All we will have succeeded in doing is disadvantaging British sellers; the Bill will have no other effect.
We do not need to achieve perfection; we just need to make dangerous the process of illegally ordering a knife overseas, or of ordering a knife overseas and having it delivered to someone underage. We need to make it something that might well go wrong: either the knife might be confiscated, or the people involved in selling it—who presumably have a lot of legitimate business as well as supplying to criminals—might lose everything through being put on the Home Office blacklist. As has been suggested by several noble Lords, this is proving an effective system in pornography. Those we allow to dominate the market in the UK, because they do proper age-verification, want to keep others out, so they become an effective police force that we do not have to pay for. There are other routes to getting there, which make the whole business of buying from an overseas supplier more difficult and chancy.
If we want an effective Bill—I join the noble Lord, Lord Kennedy, in saying that we absolutely do—we must urge the Government to use the time between Report and Third Reading to talk to their colleagues in DCMS and look again at whether this is a loophole they can close. Without that, we will have a Bill that is much less effective at achieving what we want it to achieve. But I beg leave to withdraw my amendment.
Lord Suri (Con)
My Lords, the description of the kirpan given by the noble Lord, Lord Kennedy, was absolutely correct: it is a religious requirement which has been known to British Governments and the British people since the two World Wars. In the Army, there was a Sikh batch of religious people who used to have a ceremonial sword in front of the holy book. There is nothing wrong with that; it is used purely for religious purposes and I think would be good if this amendment were accepted.
Baroness Williams of Trafford
My Lords, I am grateful to the noble Lord, Lord Kennedy, for his amendment. It deals with an issue which we discussed at length in Committee and which was the subject of a very productive round table on 13 February, attended by members of the Sikh community, the noble Lords, Lord Kennedy, Lord Paddick and Lord Singh, and my noble friend Lord Suri. I was also grateful to have a separate discussion with my noble friend Lady Verma. I have provided a fact sheet to noble Lords, setting out the current position under the offensive weapons legislation in relation to kirpans, and I would happily place a copy in the Library of the House.
The amendment from the noble Lord, Lord Kennedy, seeks to ensure that Sikhs are not prosecuted for possessing a kirpan and to allow the gifting of large kirpans by Sikhs to non-Sikhs. The amendment would therefore exempt kirpans from the offences of possessing a bladed or sharply pointed article in a public place or school and further education premises, and from the offence of possessing an offensive weapon under Section 141A of the Criminal Justice Act 1988. I believe that the intention is also to exempt kirpans from the offence of supplying an offensive weapon under Section 141 of the 1988 Act—albeit the current amendment only references possession. The exemption would apply where the kirpan is possessed for,
“religious, ceremonial, sporting or historical reasons”.
My main issue with the amendment is that it refers to kirpans but does not define them. Kirpans vary considerably in size and shape, the only common factor being their association with the Sikh faith. This is why the existing defences of possession and supply for “religious reasons” work so well—they define by reference to purpose. It would not be workable to have an exemption for kirpans without saying what they are, otherwise everyone caught in possession of a knife or sword could claim that it was a kirpan and that they possessed it for,
“religious, ceremonial, sporting or historical reasons”.
The police and the CPS would have to prove otherwise, in effect having to prove that the item was not a kirpan, the person was not a Sikh, or that the person was not possessing it for sporting, ceremonial or other reasons, rather than the defendant proving or showing that they have a defence for possessing the weapon.
I appreciate that the intent behind the amendment is to deal with the issue of the gifting of kirpans, because there is already a defence for religious reasons under Sections 139, 139A, 141 and 141A of the 1988 Act, and there is already a defence for sporting purposes under Sections 141 and 141A of that Act. The Government are sympathetic to the need to find a solution to the issue of the Sikh cultural practice of gifting a kirpan. Within government, we are continuing to look actively at this issue and to meet the noble Lord, Lord Singh, and others to make sure that we come to the right solution. I am very hopeful that something can be done in this area and that it will be possible to bring forward a suitable government-drafted amendment at Third Reading.
I also note that as drafted, the amendment of the noble Lord, Lord Kennedy, does not render the supply of a kirpan—that is, the act of gifting—lawful; it exempts only possession. This is one issue which we will need to consider further, ahead of the next stage. In the usual way, noble Lords will understand that I cannot give a cast-iron guarantee that the Government will be able to support a more targeted amendment at Third Reading. However, we will make our intentions clear in advance so that, if necessary, the noble Lord can bring back this amendment or some variant of it. But on the basis—
Baroness Williams of Trafford
May I just finish before the noble Lord comes in? On the basis that we want to work with noble Lords to find an equitable solution, I hope that the noble Lord will be able to withdraw his amendment at this stage. The answer to the question put by the noble Lord, Lord Paddick, about what other communities came forward, is: none.
Lord Singh of Wimbledon
My Lords, much is being made of the definition of a kirpan. It was said in a meeting with Home Office people that a kirpan is simply a Punjabi word for a sword, and that there is no other need for a definition as it is nothing very different. This has been said again and again, yet the definition is being used as a reason for delay and further consideration, which completely confuses me.
Baroness Hamwee
My Lords, following exactly from that point, the Minister has relied on the wording “for religious reasons”, which would be substituted in the Bill by “in religious ceremonies”. By saying that the Government will continue to work on this, is she in fact suggesting that that is inadequate? While I understand the concerns, it seems to me that there is a lot in support of what she has been saying about the use of that phrase.
Baroness Williams of Trafford
I am trying to say that we are trying to come to a workable solution, particularly for the Sikh community. On the question of other legislation, what immediately springs to my mind is that there was of course the exemption for Sikhs on mopeds who were wearing a turban. So we are, I hope, trying to reach a solution that will work for the Sikh community.
The Earl of Erroll
My Lords, people have spoken to me about this and, from what I understand, these weapons are only used now in international competition. If I am right, it would be sad if we were to lose our ability to take part in them. I cannot see what the problem is, given that these weapons have not been used in terrorist incidents. I also understand that it is hard to get hold of armour-piercing and dangerous ammunition, which is not used in international target competition. You have to find a terrorist source, effectively, to get that; a casual thief would not be able to handle it. The additional security proposed by the noble Earl, Lord Attlee, would be satisfactory and enable Britain to take part in international competition.
The Minister of State, Ministry of Defence (Earl Howe) (Con)
My Lords, as the noble Lord, Lord Kennedy, has indicated, Amendments 95 and 96 would restore the prohibition on civilian access to high muzzle energy rifles, which was a feature of the Bill on its first introduction in the House of Commons. These rifles are currently available for civilian use or ownership under general firearms licensing arrangements administered by the police.
We discussed these amendments in Grand Committee, and the question of whether these particular rifles should be prohibited also received much scrutiny in the House of Commons. I hope therefore it will not be necessary for me to repeat all that I said in Grand Committee but, in the light of the challenge of the noble Lord, Lord Kennedy, it may assist your Lordships if I briefly reiterate the Government’s position.
Earl Attlee
My Lords, I am sorry to disappoint my noble friend, especially in light of my success with the amendments that I will be moving formally a little later. I am afraid that these MARS and lever-action rifles are self-loading. The mechanism inside them works in exactly the same way as the automatic rifles that I used in Her Majesty’s service. I do not support these. I thought that we had banned them post Hungerford. At the time of Hungerford, I was surprised that you could privately own a self-loading rifle—a 7.62 military-specification rifle.
Going back to the point by the noble Lord, Lord Robertson, I did not realise that, post Dunblane, there was a so-called sporting discipline of combat shooting. Noble Lords will recall the noble Lord, Lord Howard, talking about those who don the trappings of combat. I was unhappy that people could do combat shooting—in other words, changing fire positions and, most importantly, changing magazines. That is the edge that the security forces have over a private person: they train to make sure that they do not pull the trigger and find that they have an empty magazine.
So I am afraid that I do not support retaining the civilian ownership of MARS or lever-action rifles. They are self-loading rifles, and I thought we had banned them a long time ago.
Earl Howe
My Lords, although this amendment refers to Clause 34, I have assumed for the purposes of my reply to my noble friend that he would like to apply the additional wording to Clause 33 as well, for consistency.
These clauses will prohibit civilian access to certain types of rapid-firing rifles, defined as,
“any rifle with a chamber from which empty cartridge cases are extracted using … energy from propellant gas, or … energy imparted to a spring or other energy storage device by propellant gas”.
As has been made clear during previous stages of this Bill, the Government are concerned about the potential risk to public safety if these rifles were to fall into the hands of terrorists or criminals. At present, these rifles are available to target shooters who have obtained a firearms certificate from the police, for which they have been vetted. However, the police and National Crime Agency are concerned about the rate of fire of these rifles and consider that stricter controls are needed.
Earl Attlee
My Lords, is another possibility for disabled shooters to use .22 self-loading rifles, which are still available?
Earl Howe
I am grateful to my noble friend. I am sure that that point will be taken on board by the clubs concerned and those who assist disabled shooters.
I do not think we can escape the fact that, were they to get hold of them, criminals or terrorists could cause more harm with this type of rifle than they ever could with a conventional one—acknowledging, of course, that all firearms are lethal and should be controlled. The Government are already satisfied, for the reasons that I have given, that these rapid-firing rifles meet the criteria that the amendment seeks to impose. For that reason, we think the additional wording is not required. I hope that on that basis my noble friend will feel able to withdraw his amendment.
Lord Lucas
My Lords, yes, of course I am going to withdraw my amendment but before I do, I again urge the Government to look at the harm that they are focused on rather than the mechanism by which that harm is delivered. If, as I think is entirely reasonable, the Government do not want rapid-firing rifles, why does the Bill not say that? Just because the energy from firing the previous shot is conveniently available—that is the way that these rifles work at present—does not mean that you could not create a rifle that worked off previously stored compressed gas, batteries, a wind-up clockwork mechanism or some other means of storing energy that would allow a round to be automatically loaded, or loaded with an interrupt mechanism, after the previous round had been fired.
In this legislation we seem to be dealing with the mechanism rather than the underlying problem. Surely, if we deal with the underlying problem, we will not get the situation arising again where a couple of designs of rifle have been allowed to be created—they have not grown up without permission—and have been sold, when, fundamentally, as my noble friend Lord Attlee has pointed out, we feel uncomfortable about self-loading rifles. We are not banning self-loading rifles here; we are banning one particular mechanism of self-loading. That seems short-sighted and not the best way of tackling the problem.
I would be really grateful if my noble friend the Minister could share the evidence that these particular rifles are in fact faster-loading than a bolt-action rifle, not so much because I am concerned about this particular case but because I would like to know that when it comes to making this sort of judgment in future we can look at and understand the basis on which the decision has been taken.
Member’s explanatory statement
This amendment would remove a surplus word from Clause 37(8)(b).
Member’s explanatory statement
This amendment would remove a surplus word from Clause 38(9)(b).
Member’s explanatory statement
This amendment would remove a surplus word from Clause 39(7)(b).
Earl Attlee
My Lords, while I support my noble friend’s amendment, which I am sure is a good idea, I return to the issue of the old Firearms Consultative Committee, which fell into disuse. If that was still in operation, we would not have had the MARS lever action release problem and we would have saved £15 million in compensation, because I am sure that that committee would have nipped its development in the bud and saved an awful lot of money.
Earl Howe
My Lords, I am grateful to my noble friend for raising this issue and for the opportunity to discuss it with him at a meeting last week. As he explained, his amendment would place a duty on the Secretary of State to open a public consultation on statutory firearms licensing guidance within three months of Royal Assent.
The Policing and Crime Act 2017 introduced a power, contained in Section 55A of the Firearms Act 1968, for the Secretary of State to issue statutory guidance to chief officers that will apply to issues such as background checks, medical suitability, and other criteria to protect public safety. This will help ensure high standards and consistency of approach for police firearms licensing. We have said that there will be a public consultation on the draft guidance before it is promulgated.
My noble friend has indicated that he is particularly interested in the medical aspects of the guidance, for understandable reasons. He and other noble Lords wish to see the consultation launched as soon as possible, as a further step towards improving the operation of the medical arrangements. There is a need for strong information-sharing arrangements between GPs and police, to ensure that those in possession of a firearm or shotgun certificate are medically fit and do not pose a risk to themselves or others. But the Government recognise that there is variation in how GPs are responding to police requests for information, and in the fees being charged to applicants, and that following this, the police are not always responding in a consistent way if they do not receive the medical information they require. In addition to holding a public consultation on the introduction of the statutory guidance, the Government will continue to engage with shooting representatives, the police and the medical profession to ensure that the system operates as effectively as possible.
The Earl of Shrewsbury
My Lords, I am most grateful to my noble friend the Minister for his words. I am quite happy to withdraw the amendment, on his undertaking. Would he be prepared to put that in a letter in the Library?
The Earl of Shrewsbury
Ten points for trying again, my Lords. With that, I beg leave to withdraw.
Member’s explanatory statement
This amendment and the Minister’s amendment at page 38, line 28 would convert references to certain Clauses of the Bill relating to firearms into references to a Part of the Bill.
“Guidance on offences relating to offensive weapons etc
(1) The Secretary of State may from time to time issue guidance about—(a) section 1 of the Prevention of Crime Act 1953 (prohibition of the carrying of offensive weapons without lawful authority or reasonable excuse),(b) section 1 of the Restriction of Offensive Weapons Act 1959 (penalties for offences in connection with dangerous weapons) as it has effect in relation to—(i) England and Wales, or(ii) the importation of a knife to which that section applies into any other part of the United Kingdom,(c) section 139 of the Criminal Justice Act 1988 (offence of having article with blade or point in public place) as it has effect in relation to England and Wales,(d) section 139A of that Act (offence of having article with blade or point (or offensive weapon) on educational premises) as it has effect in relation to England and Wales,(e) section 141 of that Act (offensive weapons) as it has effect in relation to England and Wales,(f) section 141A of that Act (sale of bladed articles to persons under 18) as it has effect in relation to England and Wales,(g) section 141B of that Act (limitations on defence to offence under section 141A: England and Wales),(h) any of sections 1 to 4 of this Act (sale and delivery of corrosive products) as they have effect in relation to England and Wales or Scotland,(i) section 6 of this Act (offence of having a corrosive substance in a public place) as it has effect in relation to England and Wales, or(j) any of sections 18 to 21 of this Act (sale and delivery of knives etc) as they have effect in relation to England and Wales.(2) The Scottish Ministers may from time to time issue guidance about—(a) section 1 of the Restriction of Offensive Weapons Act 1959 as it has effect in relation to Scotland and other than in relation to the importation of a knife to which that section applies,(b) section 141 of the Criminal Justice Act 1988 as it has effect in relation to Scotland,(c) section 141A of that Act as it has effect in relation to Scotland,(d) section 141C of that Act (defence to offence under section 141A where remote sale or letting on hire: Scotland),(e) section 6 of this Act as it has effect in relation to Scotland, or(f) any of sections 18 to 21 of this Act as they have effect in relation to Scotland.(3) The Department of Justice in Northern Ireland may from time to time issue guidance about—(a) Article 22 of the Public Order (Northern Ireland) Order 1987 (SI 1987/463 (NI 7)) (carrying of offensive weapon in public place),(b) section 139 of the Criminal Justice Act 1988 as it has effect in relation to Northern Ireland,(c) section 139A of that Act as it has effect in relation to Northern Ireland, (d) section 141 of that Act as it has effect in relation to Northern Ireland,(e) Article 53 of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (NI 24)) (manufacture or sale of certain knives),(f) Article 54 or 54A of that Order (sale of bladed articles to persons under 18),(g) any of sections 1 to 4 of this Act as they have effect in relation to Northern Ireland,(h) section 6 of this Act as it has effect in relation to Northern Ireland, or(i) any of sections 18 to 21 of this Act as they have effect in relation to Northern Ireland.(4) A national authority who issues guidance under this section may from time to time revise it.(5) Subsection (6) applies if a national authority proposes to issue guidance under this section—(a) on a matter on which the authority has not previously issued such guidance, or(b) which the authority considers to be substantially different from guidance previously issued under this section.(6) Before the national authority issues the guidance, the authority must consult such persons likely to be affected by it as the authority considers appropriate.(7) A national authority must arrange for any guidance issued by the authority under this section to be published in such manner as the authority thinks appropriate.(8) This section does not permit a national authority to give guidance to a court or tribunal.(9) In this section “national authority” means—(a) the Secretary of State,(b) the Scottish Ministers, or(c) the Department of Justice in Northern Ireland.(10) Until the coming into force of the repeal of section 141(4) of the Criminal Justice Act 1988 (ban on importation of weapons) by paragraph 119(2) of Schedule 7 to the Policing and Crime Act 2009, this section has effect as if—(a) subsection (1)(e) referred to section 141 of the Criminal Justice Act 1988 as it has effect in relation to—(i) England and Wales, or(ii) the importation of a weapon to which that section applies into any other part of the United Kingdom;(b) subsection (2)(b) referred to that section as it has effect in relation to Scotland and other than in relation to the importation of a weapon to which that section applies, and(c) subsection (3)(d) referred to that section as it has effect in relation to Northern Ireland and other than in relation to the importation of a weapon to which that section applies.”Member’s explanatory statement
This amendment would permit the Secretary of State, the Scottish Ministers or the Department of Justice in Northern Ireland to issue guidance about the operation of offences relating to offensive weapons.
“(la) section (Guidance on offences relating to offensive weapons etc);”Member’s explanatory statement
This amendment is consequential on the Minister’s amendment to insert a new Clause before Clause 43.
“(ba) Part 1A;”Member’s explanatory statement
This amendment is consequential on the Minister’s amendment to insert a series of new Clauses after Clause 13.
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment to insert a new Clause on piloting relating to knife crime prevention orders etc as one of a series of new Clauses to appear after Clause 13.
“(za) section (Guidance);”Member’s explanatory statement
This amendment is consequential on the Minister’s amendment to insert a new Clause on guidance relating to knife crime prevention orders etc as one of a series of new Clauses to appear after Clause 13.
Tuesday 19th March 2019
(5 years, 9 months ago)
Lords ChamberOffensive Weapons Act 2019 Read Hansard Text Amendment Paper: HL Bill 162-I Marshalled list for Third Reading (PDF) - (18 Mar 2019)
15:50 - Division on Amendment 8 - Ayes: 234 / Noes: 213 - Amendment 8 agreed.
This text is a record of ministerial contributions to a debate held as part of the Offensive Weapons Act 2019 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Earl of Erroll (CB)
My Lords, I agree with everything the noble Lord, Lord Lucas, has said. I also support this amendment, because it is a move in the right direction. To my mind, it does not go far enough because we are disadvantaging all UK distributors against all foreign ones. It just leaves a huge loophole—and personally I think the Government will be massacred in the press once what they are passing here comes to light—so I recommend they put at least this in.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, I am grateful to the noble Lord, Lord Kennedy, for his amendments, because they enable us to return to whether or not the Bill should provide exemptions to the prohibition on arranging delivery of bladed products to residential premises or a locker. I am grateful to him and to the Sheffield knife manufacturers for the time they spent in discussion with me on this.
The noble Lord tabled an amendment on Report on whether trusted traders should be exempt from the prohibitions in the Bill on arranging delivery of bladed products to residential premises or a locker. In response, I said we would look to have further discussions with delivery companies on the issue. We have discussed this with a number of companies that provide delivery services. It is difficult for delivery companies to give a firm view on how they might operate in this sphere in future, and it will depend to a large extent on whether the criminal liability falls on the seller, as it does in the Bill in relation to the UK, or on the deliverer, as it does in relation to overseas sellers under Clauses 38 and 41.
Whether deliverers would be willing to take on the criminal liability—and with it the risk of an unlimited fine—for the offence of handing over items to a person under 18 is likely to depend on the specific circumstances in each case; for example, where a major retailer is involved, a delivery company may be prepared to take on the criminal liability because the commercial benefits of the contract outweigh the risks, but a small retailer may decide not to take on the liability. Placing the liability on deliverers could therefore work against small manufacturers and retailers, meaning that big firms can still have their products delivered to a person’s home but small ones need to use a collection point. This would be a perverse outcome that would put small businesses at a commercial disadvantage to larger firms.
I turn now to the amendments. When we considered the trusted trader amendments previously, I expressed concerns that their effect would be to transfer the responsibility for complying with the legislation and for ensuring that all bladed products are handled properly from the seller to the Government. I have similar concerns about a scheme that would exempt sellers using a trusted courier from the prohibition on the delivery of bladed products to residential premises. A trusted courier scheme would require the Government to set out the details of the proposed scheme, which would then allow for the delivery of bladed products to residential premises.
“(14A) After subsection (12) insert— “(12A) An order under this section which has the effect that possession in private of a weapon of a particular description is, or is to become, an offence under subsection (1A) may make provision—(a) enabling arrangements to be made for the surrender of weapons of that description;(b) as to the procedure to be followed in relation to the surrender of such weapons;(c) for the payment of compensation in respect of weapons surrendered in accordance with the arrangements;(d) as to the requirements that must be met by a person making a claim for compensation;(e) as to the procedure to be followed in respect of a claim and for the determination of a claim;(f) enabling a person to exercise a discretion in determining whether to make a payment in response to a claim and the amount of such a payment.””Member’s explanatory statement
This amendment would mean that, where weapons are brought within the prohibition on possession in section 141(1A) of the Criminal Justice Act 1988 by order, the order can provide for compensation if required to do so by Article 1 of the First Protocol to the European Convention on Human Rights (but need not make this provision if not required to do so).
Baroness Williams of Trafford
My Lords, I will now speak to the amendments regarding kirpans, and in doing so express my gratitude to the noble Lords, Lord Kennedy and Lord Singh, and my noble friend Lady Verma. They have all been tireless in their promotion of this issue; I hope that the amendments will provide an outcome satisfactory to everyone. In particular, I am grateful to the noble Lord, Lord Singh, for his advice and to the organisation Sikhs in Politics, which has engaged positively with officials on the development of these amendments.
As noble Lords will recall, we held a round table on the issue of kirpans following the debate on these clauses in Grand Committee. This identified a gap in the current defences in that the cultural practice of gifting large ceremonial kirpans by Sikhs to eminent non-Sikhs was not covered by the “religious reasons” defence. These amendments will therefore create a defence for a person of Sikh faith to present another person with a curved sword in a religious ceremony or other ceremonial event, as covered by Section 141 of the Criminal Justice Act 1988.
These amendments will also create a defence for Sikhs of possessing such swords for the purposes of presenting them to others at a ceremony and for the recipients of such a gift to possess swords that have been presented to them. The amendments also ensure a defence is available for the ancillary acts, such as manufacture, sale, hire or importation, where those acts are for the purpose only of making the sword available for such presentation. Finally, the amendments enable the Department of Justice in Northern Ireland to commence the provision in relation to Northern Ireland, other than in relation to importation, which is a reserved matter.
As noble Lords will be aware, the amendments do not mention the word “kirpan”. Kirpans vary considerably in their size and shape, with the only common factor being their association with the Sikh faith. It would not be possible to include a defence for kirpans without defining them legally. However, we are clear that these defences are specifically aimed at kirpans and we will include a reference to kirpans in the final Explanatory Notes for the Bill. We will also make it clear in the statutory guidance that defences of “religious reasons” and gifting by ceremonial presentation include, in particular, the possession, supply and gifting of kirpans for those purposes. We will certainly continue to engage with Sikh organisations, including Sikhs in Politics, when we develop the statutory guidance. I hope that, given what I have said, noble Lords will be able to support these amendments. I forgot to mention the noble Lord, Lord Paddick, in my thanks, so I do that now.
I turn to the amendments on compensation arrangements. Amendment 10 will amend Section 141 of the Criminal Justice Act 1988, so that any future order made under this section which has the effect of banning possession in private of an offensive weapon may also make provision for the surrender and payment of compensation for such weapons. This amendment therefore provides statutory authority to introduce surrender and compensation arrangements for any future orders bringing additional offensive weapons into full prohibition. Without this amendment and the authority it provides, there could be doubt as to whether compensation could be paid for any future prohibited offensive weapons.
I should point out that this amendment differs slightly from the existing provisions found under Clause 48, which allow for compensation payments to be made for offensive weapons which the Bill prohibits private possession of. Clause 48 requires the Secretary of State, Scottish Ministers or the Department of Justice in Northern Ireland to provide for such payments by regulations. However, this amendment provides that the Secretary of State, Scottish Ministers or the Department of Justice in Northern Ireland may make provision for surrender arrangements and the subsequent payment of compensation.
This is an important difference as it allows the authority discretion in deciding whether or not to pay compensation for future items that become prohibited by way of an order. There may be exceptional circumstances in which it is considered that payment is not required under Article 1 of the Protocol to the European Convention on Human Rights. However, it is anticipated that in most circumstances, a payment would be appropriate, as is the case for weapons the possession of which is prohibited under this Bill. None the less, providing this discretion to pay or not to pay compensation for future items is important.
Amendments 14 to 19 will ensure that cyclone knives fall within the compensation and surrender arrangements as they stand in the Bill. Noble Lords will recall that cyclone knives were prohibited by virtue of the Bill through a government amendment in Committee in this House. This minor amendment will allow for compensation to be paid to owners of these knives, in the same way that the compensation arrangements apply to the other offensive weapons which the Bill provides private possession of.
Amendment 20 then amends the date by which a person needed to have owned or contracted to acquire a cyclone knife in order to claim compensation. The date, 20 June 2018, is already set out in the Bill, and continues to apply to these weapons, private possession of which was prohibited by the Bill on introduction. The date of 22 January 2019 will apply to cyclone knives. This will allow anyone who owned or contracted to acquire a cyclone knife, up until the date that the government amendment prohibiting them was introduced, to claim for compensation.
Amendments 21 and 22 are consequential. Amendments 26 and 27 relate to Northern Ireland. Clauses 47 and 48 will come into force upon Royal Assent. However, these amendments allow the Department of Justice in Northern Ireland to commence these provisions locally.
I remind noble Lords that the compensation regulations which we have published in draft are subject to the affirmative procedure following assent to the Bill. Accordingly, they will need to be debated and approved by both Houses before they can come into force. I beg to move.
Lord Paddick
My Lords, I am very grateful to the Minister for the amendments relating to kirpans—even though the legislation does not refer to kirpans as such—because of the importance to the Sikh community of presenting the ceremonial curved sword as a mark of esteem.
Representatives from the Sikh community have also pointed out the difficulties that some Sikhs have in carrying a kirpan on their person as part of their religious observance. Although it is accepted that it has not been a problem in terms of prosecution, the fact that possession of a bladed article or pointed instrument is an offence—without the need for any criminal intent—has created difficulties for Sikhs when visiting attractions such as Madame Tussauds and the London Eye. Sikhs have been barred from going into those attractions because of having a kirpan on them. The security guards are working on the basis that the law states that possession of a pointed instrument or a bladed article is an offence, and therefore a person is not allowed to bring it in. I do not know whether there is any scope here. The Minister has already mentioned the Explanatory Notes for the final legislation, including instructions about what is and is not a kirpan. Could anything be mentioned in those notes regarding the issue that some Sikhs have with regard to entry to those sorts of premises?
Member’s explanatory statement
This amendment and the Minister's amendments at page 43, line 43 and page 43, line 44 would create defences to the offences in section 141(1) and (1A) of the Criminal Justice Act 1988 and section 50(2) and (3) of the Customs and Excise Management Act 1979 relating to the presentation of Sikh kirpans. This follows the Minister's undertaking on 4 March (HL Deb, column 470).
Member’s explanatory statement
This amendment and the Minister's other amendments to this Clause and Clause 48 would ensure that the provisions for surrender and compensation in this Clause and Clause 48 cover weapons which are brought within section 141 of the Criminal Justice Act 1988 by virtue of Clause 46(2), (3) or (10).
Member’s explanatory statement
See the explanation of the Minister's amendment at page 44, line 20.
Member’s explanatory statement
This amendment is consequential on the Minister's amendment at page 42, line 19.
Member’s explanatory statement
This amendment and the Minister's second amendment at page 61, line 42 would mean that the Department of Justice in Northern Ireland could bring Clause 46 into force only so far as it does not make provision about the unlawful importation of weapons.
Baroness Williams of Trafford
My Lords, on moving this Motion, I take the opportunity to say a few words of thanks to those who have contributed to the Bill’s passage through your Lordships’ House. I thank my noble friends Lady Barran and Lord Howe for undertaking some of the heavy lifting in Committee and on Report. Among all the Bills that I have dealt with this has not been the easiest, so I thank them very much. I also thank my noble friend Lady Manzoor for acting as the Government Whip on the Bill, and, on the opposition Benches, the noble Lords, Lord Kennedy, Lord Rosser, Lord Tunnicliffe and Lord Paddick, and the noble Baroness, Lady Hamwee—and my noble friend Lord Attlee for his well-drafted amendment on the storage of certain firearms.
I cannot, of course, omit the noble Lord, Lord Singh, for his constructive assistance in the drafting of the amendment on the kirpan. In fact, I thank all the Sikh organisations with which we have engaged during the Bill’s passage. I thank all noble Lords across the House who have contributed in various ways to the Bill. None of us could do it without officials from the Home Office, who have supported me and my noble friends Lady Barran and Lord Howe throughout the its passage.
The Bill has taken some funny twists and turns but has not lost sight of our ultimate aim, which is to end the scourge of this terrible crime on our streets and in our communities. I am pleased to have been able to reach a position of broad consensus on all but two of the Bill’s provisions, namely the introduction of KCPOs and the delivery of bladed articles. We are, however, continuing to reflect on these issues in advance of the Bill going to and returning from the House of Commons. I beg to move.
Lord Kennedy of Southwark
I thank the noble Baroness for the way she has conducted the Bill through the House. I also thank the noble Baroness, Lady Barran, and the noble Earl, Lord Howe. I appreciate the constructive way they have engaged with the House, as they always do. I also place on record my thanks to my noble friends Lord Rosser and Lord Tunnicliffe for the help that they have given me, as well as to the noble Lord, Lord Paddick, and the noble Baroness, Lady Hamwee. I was grateful, too, for the contributions of many other noble Lords from around the House, particularly those of the noble Lords, Lord Lucas and Lord Singh, and the noble Earl, Lord Erroll.
We are certainly sending the Bill back in a better state than that in which it arrived. I am not sure that it will quite achieve all the things that it wants to do, but I certainly support its aims. We have done a good job. I also thank the Bill team at the Home Office, who have always been very courteous and happy to engage with me and other colleagues. I also put on record my thanks to Ben Wood, who works in the Opposition office here in the House of Lords and has kept me armed with briefing notes, amendments and everything else.
Tuesday 26th March 2019
(5 years, 8 months ago)
Commons ChamberOffensive Weapons Act 2019 Read Hansard Text Amendment Paper: Commons Consideration of Lords Amendments as at 26 March 2019 - (26 Mar 2019)
16:35 - divided: - Ayes: 249 / Noes: 308 - Question accordingly negatived.
This text is a record of ministerial contributions to a debate held as part of the Offensive Weapons Act 2019 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)
I beg to move, That this House disagrees with Lords amendment 27.
Mr Deputy Speaker
With this it will be convenient to discuss the following:
Government motion to disagree with Lords amendment 28.
Government amendments (a) to (k) in lieu of Lords amendments 27 and 28.
Lords amendments 1 to 6.
Lords amendment 7, and amendments (a) to (d) thereto.
Lords amendment 8.
Lords amendment 9, and amendment (a) thereto.
Lords amendment 10, and amendment (a) thereto.
Lords amendment 11.
Lords amendment 12, and amendments (a) to (c) thereto.
Lords amendment 13.
Lords amendment 14, and amendment (a) thereto.
Lords amendments 15 to 22.
Lords amendment 23, and amendment (a) thereto.
Lords amendments 24 to 26.
Lords amendments 29 to 61.
Lords amendment 62, and Government amendment (a) thereto.
Lords amendment 63, and Government amendment (a) thereto.
Lords amendments 64 to 95.
Victoria Atkins
I thank you, Mr Deputy Speaker, for what I know to be quite a complicated bit of procedure. I hope that I deal with the procedure correctly, and I am very grateful to your learned Clerks for advising me on the wording. I shall be speaking to amendments 27 and 28, Government amendments (a) to (k) which are laid in lieu, and Lords amendments 1 to 26 and 29 to 95. I may not be able to speak to the details of some of those later amendments, but, obviously, I will be very happy to take interventions.
The Offensive Weapons Bill is an important piece of legislation. It is just one of the measures that the Government are taking to tackle serious violence in the serious violence strategy. The Bill has enjoyed a collaborative approach across the House, and I thank all right hon. and hon. Members and noble lords who have helped with the passage of the Bill thus far. I am sure that this afternoon will continue in that spirit.
I will first address Lords amendments 27 and 28, which were moved by Lord Kennedy in the other place. I am grateful to him for his assistance on this part of the Bill. We have laid amendments in lieu, because the Government cannot agree with the trusted courier amendments as they sit, but I very much hope that the amendments that we have laid in lieu will meet with the House’s approval.
The trusted courier scheme would have practical difficulties in its bureaucracy and regulation. It risks making it more difficult to determine whether a delivery company can be trusted to provide reassurances that a bladed product will not be handed to a person aged under 18, and it is not clear, for example, how this scheme would apply to self-employed delivery drivers working on a casual basis for some of the larger firms. We are also concerned that simply being part of a scheme, or being in possession of a seal of approval as a trusted courier, does not guarantee compliance with the conditions in the scheme. We note that no responsibility is placed on the courier or company, and therefore there does not appear to be any consequence for the courier company if it fails to comply with the requirement not to hand a bladed product to a person aged under 18. One can envisage a courier in a rush, for example, pushing a package through a letterbox without conducting checks. It is this lack of liability for age checks in the scheme that we believe risks undermining the purpose of the Bill, which means that we must, I am afraid, disagree with it at this stage.
The Government have, however, given considerable thought to the views expressed on the sale-of-knives provisions throughout the passage of the Bill by Members both in this place and the other place and, importantly, by representatives of the business community, particularly those in small and medium-sized businesses in the capital of knife and steel manufacturing in Sheffield. I am very grateful to the hon. Members for Sheffield South East (Mr Betts) and for Sheffield Central (Paul Blomfield) for their assistance in this. We have tabled amendments (a) to (k) in lieu of Lords amendments 27 and 28, which I hope address their concerns. In short, these amendments in lieu would enable a remote seller to deliver a bladed product to residential premises where they have arrangements in place with a deliverer not to hand them over to a person aged under 18. This approach mirrors, largely, the clause already in the Bill regarding delivery companies relating to overseas sales, although it is limited to bladed products and to deliveries to residential premises. Regulations on overseas sales by contrast apply to deliveries to all premises and to all bladed articles.
Mr Jim Cunningham (Coventry South) (Lab)
I thank the hon. Lady for giving way, and I hope that she will show me where I am wrong, but I always understood that delivery companies, particularly those delivering post and packages, have an X-ray procedure to see what the contents are.
Victoria Atkins
I am not sure whether I am in a position to answer that. Of course, every company will have its own security arrangements. The hon. Gentleman will know that what we have inserted through this Bill are further conditions on sellers to ensure that their packages, if they contain bladed products, are labelled very clearly so that anyone handling that package understands what is inside it. We appreciate that perhaps not everyone has access to those facilities.
Vicky Ford (Chelmsford) (Con)
I thank my hon. Friend for the huge amount of work that she has done on this very important Bill and on this particular issue as well, which will make it much more difficult for people, especially young people, to buy knives online. Last week, I was very interested to hear that Asda will no longer sell individual knives, and I wondered whether she might like to comment on that.
Victoria Atkins
I am extremely grateful to my hon. Friend. She has taken a keen interest in this matter both as a constituency MP and in her contributions to this place. She is absolutely right to raise the example of Asda. Asda and other major retailers are signed up to our voluntary commitments when it comes to the sale of knives online, and we believe that that is another way in which we can ensure that retailers are doing what they should be doing in terms of selling bladed products and sharp knives responsibly. I am delighted that Asda has taken that decision of its own volition. I know that other retailers are doing great things in this space as well, but we all want to ensure that those standards are met not just by the large retailers, but by smaller ones, too.
Mr Clive Betts (Sheffield South East) (Lab)
I thank the Minister for meeting my hon. Friend the Member for Sheffield Central (Paul Blomfield) and me and I also thank her colleague in the House of Lords for doing the same. I also thank them both for listening. What clause 17 does is recognise the importance of making sure that knives are not sold to young people, but here it establishes a procedure for proving that young people are 18, as they are checked at the point of sale and at the point of delivery. The measure also protects small businesses such as Taylor’s Eye Witness, which manufactures knives in my constituency, from the effects of the original legislation. I also want to say that the real thanks go to my hon. Friend the Member for Sheffield Central and his assistant Paula who have done an incredible amount of work on this. They, along with Lord Kennedy in the House of Lords, deserve particular thanks for getting this far.
Victoria Atkins
I am very grateful to the hon. Gentleman for his words and for that meeting I had with him. He is absolutely right that we wanted to listen on this. As I said at the beginning, this Bill has been, I hope, a good example of collaborative work across the House and I am extremely grateful to hon. Members for that.
Huw Merriman (Bexhill and Battle) (Con)
My concern about retailers has always been not with the Asdas or John Lewises, whom one would expect to do the right thing—they have a public image as well—but with the disreputable merchants. Will my hon. Friend at least keep this matter on watch, so that if it turns out that those not following the code are seen to be doing wrong, we can review the amendment that was discussed the last time we considered the Bill?
Victoria Atkins
Yes, and I thank my hon. Friend, who has been particularly persistent about locking away bladed products or sharp knives. We absolutely keep that point under review. We have had a good response from the retail industry thus far, but we will of course keep the pressure up, and I am extremely grateful to him for his contribution to that.
Liability under our amendments in lieu attaches only to companies that enter into arrangements to deliver bladed products. A delivery company could choose simply not to do so. Our amendments therefore provide the flexibility that the hon. Member for Sheffield South East described, so that if a seller does not enter into an arrangement with a delivery company, the provisions in the Bill that prohibit delivery to residential premises of a bladed product will still apply. A seller in those circumstances will not be able to send a bladed product to residential premises and the product will have to be collected in person at a collection point, which at least gives small and medium-sized businesses the choice over how to conduct their business. We believe that these amendments will help to address the concern behind the Bill and achieve the aim of stopping young people and those under 18 having access to these products through online sales when they should not have such access. I very much hope that our amendment will meet the approval of the House.
Let me turn to knife crime prevention orders. It is vital that the police have the powers they need to prevent knife crime and to protect the public from the devastating effects of violent crime on our streets. It is frankly already too late when we prosecute young people for knife crime. If measures are available that might help to steer children and young people away from carrying or using a knife, we should not hesitate to put them in place. That is why the Government have introduced, in short order, knife crime prevention orders in the Bill. The police made that request of us at the very end of the summer last year, and we were pleased to insert the provision into the Bill in the House of Lords. These are civil orders aimed at young people at risk of engaging in knife crime, people whom the police call habitual knife carriers of any age and those who have been convicted of a violent offence or an offence involving knives.
Sarah Jones (Croydon Central) (Lab)
Will the Minister confirm that although these are civil orders, if they are breached they become criminal, and that 12-year-old children could end up in prison for two years? Will she also confirm that not a single organisation, from the magistrates and local government to charities, lawyers and anybody involved in youth offending teams, supports this change? They all think that we are acting too quickly and need to take more time looking at the implications before introducing it.
Victoria Atkins
I am about to come to the framework for these orders, because I am conscious that in an ideal world we would have had the measure in the Bill when it was first laid before the House in the early summer last year. However, the police came to their view and alerted us to their thinking at the end of summer, and although we have frankly acted pretty quickly, we could not by definition have put the measure in the Bill before the police asked us to. We are doing this in response to the express wish of the police; in fact, the Mayor of London wrote to the Home Secretary in December asking that the orders be inserted in the Bill.
I do not know whether the hon. Lady has had a chance to speak to the Mayor of London, but the reason we are introducing these orders is that we want to try to help local communities to tackle knife crime. They are one measure. We do not pretend that they will solve all knife crime, but they are about preventing young people from getting ensnared in criminal gangs or getting into a situation where they think that carrying a knife will protect them. This is about trying to wrap services around those children before they become criminalised.
I know that concerns have been raised about the age at which the orders can be imposed. The orders apply from the age of 12 upwards because the police tell us that the age at which people carry knives is getting younger. We also know from hospital data that younger children are victims and perpetrators. That is why we have chosen that age. If we are serious about tackling knife crime on our streets, the measures that we take must apply to young people and children.
Sir Edward Davey
I think the whole House is with the Minister in the determination to tackle knife crime and to try to prevent young people from getting into it, but can she tell the House what other mechanisms, orders or contracts the Government looked at before concluding that this was the right way forward? I have spoken to her privately about antisocial behaviour orders, which in the past did not work, whereas acceptable behaviour contracts, which worked with the young person, did work. Have the Government looked at those?
Victoria Atkins
I think the right hon. Gentleman and I talked about that last week. As I have said to him, I will happily look into those. We looked at whether gang injunctions are appropriate, but as Members across the House will know, not every child carrying a knife is a member of a gang. We also looked at criminal behaviour orders, but both those measures are contingent on a child being convicted of a criminal offence. With knife crime prevention orders, we want to try to reach those children before they are convicted of carrying a knife. The orders are also available upon conviction, because we want to wrap services around children if they are convicted and serve a detention training order. We wanted an extra structure around children to try to tackle the issue.
Victoria Atkins
If the right hon. Gentleman will forgive me, I must make some progress.
The order may impose such requirements or prohibitions on a person as a court considers necessary to protect any person from risk of harm or to prevent the commission of an offence involving a bladed article. A KCPO that imposes a requirement must specify a person who is responsible for supervising compliance with that requirement. Again, I emphasise that this is about protection and prevention. It is not about criminalising children. The order is a civil order. We do, however, accept that the breach of an order is, in itself, a criminal matter. I know that some have argued that it would be better to go down the antisocial behaviour injunction route, which applies to children as young as 10. The argument is that having a contempt of court rather than a criminal offence for a breach would make the orders more palatable, because it would mean that children did not get a criminal record. The advice from the police—it is advice that we must listen to very carefully—is that making it a criminal offence to breach an order is important if we want these orders to be taken seriously.
Sir Geoffrey Clifton-Brown (The Cotswolds) (Con)
May I congratulate my hon. Friend most sincerely on producing a much needed Bill? Acid, knives and certain firearms are issues that we absolutely need to crack down on. Does she agree that knife prevention orders are a good mechanism? It is becoming de rigueur in some of our cities for people to carry knives in self-defence, in case they might want to use them, which is totally the wrong culture. With these orders, the police will be able to warn youngsters that if they carry knives again, they will be subject to an order and could be subject to a criminal penalty if they breach it.
Victoria Atkins
My hon. Friend summarises the orders succinctly, and I thank him for all his work on the Bill. The point of the orders is to try to reach those children before they are in the criminal justice system. They include, for example, the ability to prohibit a child from accessing social media or entering certain postcodes, because we know the tensions arising on the streets from particular groups of young people in certain parts of our large cities. This is not about criminalising those young people; it is about trying to reach them.
Vicky Foxcroft (Lewisham, Deptford) (Lab)
In the Minister’s discussions with the police about programmes that work and the investment that they want to see, has she considered expanding Prevent, a programme with proven successes, or early intervention measures such as investing in our youth services? What the police keep saying, and what Ministers keep quoting, is that we cannot just police our way out. If that is the case, we need to invest in all those programmes that support our young people, so I would be grateful if the Minister said something about Prevent in particular.
Victoria Atkins
I thank the hon. Lady again for all the work that she does through the Youth Violence Commission. She is absolutely right. As I said at the beginning of the debate, the Offensive Weapons Bill is but one measure within the serious violence strategy, and these orders are but one measure within the Bill. We do not for one moment claim that the orders are going to solve everything, but we hope that they will be a path to reaching some of the children who are currently so difficult to reach, as the hon. Lady knows. These measures come on top of all the early intervention and the youth endowment fund, through which we are investing £200 million over the next 10 years to give certainty to the organisations that win bids. All those measures are really important.
Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
As I have stated previously in the Chamber, the Offensive Weapons Bill has been a cause of serious concern within the British Sikh community, with a feeling that the centuries-old religious requirement of wearing a kirpan, a Sikh sword, could be unintentionally criminalised and that even the tradition of honouring a non-Sikh within a gurdwara, a place of worship, by bestowing them with a kirpan could be deemed illegal. However, thanks to the strong leadership of the noble Lord Roy Kennedy and others in the House of Lords, with excellent assistance from Lord Singh, Lord Paddick, Baroness Verma, the organisation Sikhs in Politics and others, amendments were tabled. As Lord Tunnicliffe and Baroness Williams said, those amendments were passed with unanimity. Although I am extremely grateful to the Minister for the courtesy that she extended to me during our recent meeting to seek my views on the matter, for the record—and to assuage community concerns—can she confirm that the Government wholeheartedly support those amendments and will incorporate them into the Bill?
Victoria Atkins
The hon. Gentleman has jumped right to the end of my speech. However, I will respond now because I am conscious that it is such an excellent intervention. I will then return to KCPOs.
Let me put on record my thanks to the hon. Members for Slough (Mr Dhesi) and for Birmingham, Edgbaston (Preet Kaur Gill), my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), the right hon. Member for Wolverhampton South East (Mr McFadden) and many noble lords in the other place for their work to ensure that this Bill reaches the issues in knife possession that we really want to tackle, and it does not inadvertently and completely mistakenly in any way affect the gifting, use or possession of Sikh kirpans, which was never the Government’s intention. I am grateful to all hon. Members, as well as to the many Sikh organisations that have been involved in this process, for helping us to clarify and improve the law.
I can confirm that the amendments will create defences to sections 141(1) and 141A of the Criminal Justice Act 1988 and section 50(2) and (3) of the Customs and Excise Management Act 1979 relating to the custom of gifting kirpans by ceremonial presentation. The amendments will create a defence for a person of the Sikh faith to present another person with a curved sword in
“a religious ceremony or other ceremonial event.”
They will also provide a defence for possessing such swords for the purposes of presenting them to others at a ceremony, and for the recipients of such a gift to possess swords that have been presented to them. It was never the intention of the Bill to affect this custom, and I am extremely grateful to hon. Members for their work on these measures.
Victoria Atkins
If the hon. Gentleman will forgive me, I must move on because I am conscious that others wish to speak.
Let me return to KCPOs. I know that the shadow Minister has tabled some amendments, and I will deal with them in a moment. On the question of age and the concern that youth offending teams must be consulted, we have included in the Bill a requirement that youth offending teams must be consulted on any orders for people under the age of 18. We have also said that we will consult publicly on the guidance with community groups, youth organisations and others before these orders are brought into force.
Vernon Coaker (Gedling) (Lab)
Before the Minister finishes discussing prevention orders, will she tell the House a little bit more about the pilots? How many pilots are there going to be, when are they going to start and how long will they last? Given the urgency of implementing this legislation and the concerns that have been raised, will the Government report back to the House on how the pilots have operated, so that we have a further opportunity to amend and adapt the measures if necessary?
Victoria Atkins
Yes. I am grateful to the hon. Gentleman for raising the pilots. Some of the concerns raised today were also raised in the other place, so their lordships saw fit to insert an amendment regarding piloting. I hope that it gives some comfort to the House that we will pilot the provisions in one or more specified areas in England and Wales. We have not yet determined which forces will have the privilege of starting these pilots. The second condition of piloting is that the Secretary of State will lay before Parliament
“a report on the operation of some or all of the provisions”
relating to KCPOs, so the House will be fully updated on the progress. I am sorry that I cannot give the hon. Gentleman more details regarding the operational aspects of the pilots at this precise moment in time, but I want to deal with the amendments tabled by the shadow Minister.
Amendments (b) and (c) to Lords amendment 7, and amendment (a) to Lords amendment 14, would make it a requirement for the police to obtain—and, by implication, for the youth offending team to produce—a pre-injunction report, including an assessment of the defendant, before making an application on conviction, or otherwise than on conviction if the defendant is under the age of 18, and to provide that report to the court as part of their application. It follows from this proposed amendment that the outcome of the consultation should be available to the court. The requirement to consult is an important safeguard to ensure that the youth offending team has a chance to influence the process, and we expect the YOT’s view to be before the court when it is considering the application. We will state in guidance that we expect the police and the Crown Prosecution Service to share with the court the outcome of the consultation with the youth offending team, and we will reinforce the message during the pilots that the applicant police force should share the outcome of the YOT consultation with the court.
Amendment (c) to Lords amendment 12 would also set down a requirement in relation to a pre-injunction report. Again, we believe that the requirement to consult the youth offending team addresses this, and I am not persuaded that it would be appropriate to include a requirement to consult the youth offending team if an application without notice were made, given the urgency of such applications. However, the consultation requirement must be fulfilled before the full hearing takes place.
Amendment (d) to Lords amendment 7 is not needed. The Bill already provides a power for the court to require evidence from the individual responsible for promoting, supporting and monitoring compliance with any requirement included in the order. That individual could be the youth offending team, but it could also be a community group or a charity, for example. Let me remind the House that the police fully support the provisions in the Bill as they stand in the Lords amendments that we have tabled in the Home Secretary’s name. There are already safeguards in the Bill to ensure that the orders are proportionate and that the views of the youth offending teams are taken into account during the application process. I therefore ask the shadow Home Secretary and the hon. Member for Sheffield, Heeley (Louise Haigh) not to press their amendments.
Amendment (a) to Lords amendment 23 requires a report to be laid before Parliament on the outcome of the pilots. I would expect that, as has already been set out in our amendment, a report will be laid before Parliament about the success or otherwise of the pilots, and that KCPOs will be the subject of ongoing scrutiny.
Vicky Foxcroft
Will the Minister confirm that when that report is laid before Parliament, there will not be a further roll-out of the KCPOs without our seeing it in Parliament first?
Victoria Atkins
I think the hon. Lady is talking about the amendment tabled by the shadow Minister. We do not agree with that amendment. We believe that piloting and then the Secretary of State laying a report before the House is a perfectly proportionate way of assessing the pilots’ success. Let us not forget that we are talking about youth courts and magistrates courts using civil orders, with all the safeguards that are in the regime. This regime mirrors similar regimes used in, for example, gang injunctions. We should have trust in our youth courts and others that they will be able to meet the expectations of the House in terms of ensuring the wellbeing and the welfare of the young people they are looking after. The aim of these orders is to protect young people and also the wider community. On the proposal that a full report should be laid out, I am afraid that, in the usual way, such regulations are not subject to any parliamentary procedure, and the Government see no reason to adopt a different approach in this case.
There are of course other provisions that I have not even begun to address, although I may well have a chance do so at the end. However, I hope that my focusing on the three main issues arising during the passage of the Bill meets with colleagues’ approval. I very much look forward to hearing their contributions in the rest of the debate.
Louise Haigh (Sheffield, Heeley) (Lab)
I thank those in the other place for their careful consideration of this Bill, which is certainly in better shape than when it left this Chamber.
As the Minister has outlined, we have offered our sincere and constructive support throughout the passage of the Bill for the Government’s attempts to respond to the surge in violent crime. We offered our support in Committee, on Report and at Third Reading. We have fought to enhance protections on the sale of knives, to close dangerous loopholes in our gun laws, to force the Home Office to release evidence on the consequences of cuts to vital services for levels of serious violence, to force the Government to assess whether the police have the resources they need to tackle violence involving offensive weapons and to put the rights of victims of crime on a statutory footing—rights that have been neglected despite repeated manifesto promises by the Conservative party.
Let us not forget the absolutely farcical spectacle of the Home Secretary and the Minister, on Second Reading and in Committee, making the case for a ban on high-powered rifles—guns that have an effective range of 6 km—and then coming back to the Chamber on Report and making the exact opposite case in the face of Back-Bench rebellion. Our gun laws are in need of updating, and it is a sad reflection on the Government that all the passage of this Bill has done is weaken the provisions on firearms and kick the can down the road once again in pushing the issue to consultation. Furthermore, the Bill as it stands still ignores much of the key evidence contained in a leaked Home Office report on the drivers of serious violence. This included compelling evidence that violence was, in part, being driven by a precarious and vulnerable youth cohort shorn of the support, early intervention and prevention work necessary to stop those vulnerable people falling into a spiral of serious violence.
Turning to the amendments, I am grateful for the work of the noble Lord Kennedy, and that of my hon. Friends the Members for Sheffield Central (Paul Blomfield) and for Sheffield South East (Mr Betts), who have managed to find a consensus on the delivery of knives to residential premises that protects children while not unduly hampering specialist knife manufacturers and businesses. We are therefore happy to support the amendment in the name of the Home Secretary whereby businesses will need to prove they have taken all necessary measures to ensure that a knife is delivered into the hands of an adult or will feel the full weight of the law.
On kirpans and Sikh ceremonial swords, I again congratulate my hon. Friends the Members for Slough (Mr Dhesi) and for Birmingham, Edgbaston (Preet Kaur Gill) on their work. We understood the concerns raised across the House, and I am pleased that the Labour Lords amendment has been accepted that will allow Sikhs to practice their religion freely without fear of criminalisation.
But undoubtedly the biggest change has been the introduction of knife crime prevention orders, and that is what I wish to focus my remarks on. It is important when making any changes to the suite of police powers that Parliament has the fullest opportunity to consider the evidence and implications. That is why we are extremely concerned about both the way in which these proposed orders have been brought forward and some of their content. Our concerns are threefold, and I will address each in turn. As the Minister said, our amendments to the Lords amendments speak to those concerns.
Victoria Atkins
To correct the record, these orders have been discussed in the serious violence taskforce, which is attended by the Children’s Commissioner and many of the others that the hon. Lady mentioned. This is action that the police required of us. We turned it around as quickly as we could to get it into the Bill, in order to protect children. We are doing it on the advice of the police.
Louise Haigh
I would respectfully suggest that putting before Parliament orders that would criminalise children for up to two years requires more than discussion at a meeting. It requires full consultation and full parliamentary scrutiny, and none of that has happened.
Before Parliament approves any roll-out, the Government should release a report giving an explanation of what guidance has been given to authorities on the burden on proof, which is a civil standard, the impact of orders on the rights of children and the impact on different racial groups as defined in section 9 of the Equality Act 2010.
Victoria Atkins
The point of the orders is that there is information suggesting that these children have been carrying a knife on two or more occasions. The criminality, if we are talking in those terms, would be in the fact of the possession, and a magistrates court or a youth court would consider that very carefully. A child who is carrying a knife may well get into terrible trouble with the police because he or she has used it against someone, and we are trying to get to children before that happens.
Sir Edward Davey
There I have sympathy with the Minister, and I want to propose an alternative which addresses that very point. However, she was beginning to suggest—I am not sure that she meant to—that a criminal test had to be passed, and that is not what is in the Bill. It is not a criminal test that must be passed; it is a civil test, which could then result in a criminal record. I think that the House should think very carefully before going down that road.
Let me say a little about the alternative model that I want the Minister to consider. I am proposing what I have called anti-blade contracts. The idea is that a police officer, along with the parents or a carer, or possibly a youth officer, would sit down with a young person and require them to sign a contract saying that they should not carry a knife and that there would be consequences—for instance, fines or community sentences —if they were caught doing so. Crucially, however, linked with the public health or prevention approach would be positive elements. Young people could, for example, contact a named youth worker or police officer if they were concerned about their safety. There could also be a package of other support, which might involve access to youth services.
That is the way to change behaviour. That is the way to prevent a young person from ending up on the pathway to more crime. People who go to prison often see it as a college of crime, and we must try to avoid that. The approach that I am suggesting would do what the Minister wants: it would meet her objectives, but without the cost and without the potentially damaging impact that her orders would have.
Sir Edward Davey
Not in the first place. The idea—and this goes alongside the Government’s proposal—is not that every young person would be open to the process, but that it could be offered to young people who were thought to be in danger. I am not sure whether we would want it to be applied to every young person, although it could go further and be part of an educative process as well. Given the lack of resources in the police and youth services, I think that we should target those who are most at risk in the first instance.
The crucial part of my argument is that I am putting forward something that is based on evidence. The evidence from the Home Office, in its reports on the difference between antisocial behaviour orders and acceptable behaviour contracts back in 2004, and the evidence from the National Audit Office in a 2006 report, suggested that ABCs were far more effective in changing young people’s behaviour, which is what we want to do. More important—or, at least, as important—was the fact that they were cheaper. They took less time. Orders that need to go to court require considerable police resources, and we do not have those resources. They also take up the time of magistrates, which is already rather stretched, so we are putting forward something that goes against the evidence from the past and that we know is going to be more expensive and more time consuming. This is an urgent problem, and our proposal based on evidence does not need even this place to legislate. We could get on with it; we could issue guidance. Why on earth are we doing this? The situation is far more urgent than the Government seem to think. The Minister’s proposal would take so much time and money when we know that is not available.
I implore the Minister: I am pleased that she has nodded from a sedentary position to indicate that she is prepared to meet me to discuss our proposal—
Sir Edward Davey
I am very grateful to the Minister for doing that, but I hope she will reflect on this.
I will be supporting the Labour amendments in the name of the hon. Member for Sheffield, Heeley (Louise Haigh) tonight, which are well tailored. The Labour proposal requiring this House to vote on a report on the evidence from the pilot is a good compromise; it is an example of this Parliament working together to make sure that what we do is evidence-based. The good thing the Minister could do if she goes down my route is proceed with my anti-blade contracts while those pilots are going on, because an anti-blade contract does not need to bother this legislature.
Wednesday 10th April 2019
(5 years, 8 months ago)
Lords ChamberOffensive Weapons Act 2019 Read Hansard Text Amendment Paper: HL Bill 170-I Marshalled list for consideration of Commons amendments (PDF) - (9 Apr 2019)
This text is a record of ministerial contributions to a debate held as part of the Offensive Weapons Act 2019 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Baroness Williams of Trafford
That this House do not insist on its Amendments 27 and 28, to which the Commons have disagreed, and do agree with the Commons in their Amendments 27A to 27K in lieu.
“Delivery of bladed products to persons under 18
(1) This section applies if—
(a) a person (“the seller”) sells a bladed product to another person (“the buyer”),
(b) the seller and the buyer are not in each other’s presence at the time of the sale and the seller is within the United Kingdom at that time,
(c) before the sale, the seller entered into an arrangement with a person who is a body corporate by which the person agreed to deliver bladed products for the seller,
(d) that person was aware when they entered into the arrangement that it covered the delivery of bladed products, and
(e) that person delivers the bladed product to residential premises pursuant to that arrangement.
(2) For the purposes of subsection (1)(b) a person (“A”) is not in the presence of another person (“B”) at any time if—
(a) where A is an individual, A or a person acting on behalf of A is not in the presence of B at that time;
(b) where A is not an individual, a person acting on behalf of A is not in the presence of B at that time.
(3) For the purposes of subsection (1)(b) a person other than an individual is within the United Kingdom at any time if the person carries on a business of selling articles of any kind from premises in any part of the United Kingdom at that time.
(4) In subsection (1)(e) “residential premises” means premises used solely for residential purposes.
(5) The circumstances where premises are not residential premises for the purposes of subsection (1)(e) include, in particular, where a person carries on a business from the premises.
(6) The person mentioned in subsection (1)(e) commits an offence if, when they deliver the bladed product, they do not deliver it into the hands of a person aged 18 or over.
(7) A person guilty of an offence under subsection (6) is liable—
(a) on summary conviction in England and Wales, to a fine;
(b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.
(8) This section is subject to section 18 (defences).”
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, the Commons amendments we are considering today follow on from debate on the Bill in this House at Third Reading in respect of the amendments proposed by the noble Lord, Lord Kennedy, for a trusted courier scheme. During that debate I set out the reasons why the Government could not support the proposition of a trusted courier scheme. In summary, I undertook that the Government would continue to reflect on the issue in respect of the delivery of bladed products in advance of the Bill going to, and returning from, the House of Commons. This we have now done and, accordingly, I trust that the amendment we have tabled in lieu, and that we are about to consider today, will have the support of noble Lords across this House.
We have given considerable consideration to the views expressed by Members in both Houses and business on the provisions relating to the sale of knives and the prohibitions on residential delivery throughout the passage of this Bill. I am most grateful to the noble Lord, Lord Kennedy, and to the Sheffield knife manufacturers for the time they spent in discussion with me on this matter. They and the points made by the noble Lord, Lord Paddick, were very helpful to me.
Following this further consideration, the Government have tabled Amendments 27A to 27K. These amendments allow a remote seller to deliver a bladed product to a residential premises by providing a defence where they have arrangements in place with a deliverer not to hand them over to a person under the age of 18 or, if the seller is delivering the item themselves, that the seller has procedures in place that are likely to ensure that any bladed product delivered to residential premises would be delivered into the hands of a person aged 18 or over. The seller must also have taken all reasonable precautions and exercised all due diligence to ensure that the bladed product would be delivered into the hands of a person aged 18 or over.
The amendments also place a criminal liability, which is corporate and not individual, on the delivery company that enters into such an arrangement with a seller. The delivery company will commit an offence if it does not deliver the bladed product into the hands of a person aged over 18.
The amendment is similar in effect to the existing offence in the Bill on delivery companies relating to overseas sales, although this new offence is limited to bladed products—products that have a blade and are capable of causing serious injury by cutting the skin—and to deliveries to residential premises, whereas the measures in the Bill relating to overseas sales apply to deliveries to all premises and to all bladed articles, which are articles with a point or blade. For UK sales, the Bill already permits the delivery of bladed articles that do not meet the definition of a “bladed product” to residential premises. These amendments have addressed the concerns that have been raised by businesses within the UK.
The liability attaches only to delivery companies that enter into arrangements to deliver bladed products; a delivery company could simply choose not to do so. This new offence is subject to the defences set out in Clause 39 of the Bill. The amendments that we have made ensure that an individual’s age is verified at the point of delivery irrespective of whether the seller delivers themselves or uses an external delivery company. Should a seller decide not to enter into an arrangement with a delivery company, or put the necessary procedures in place to enable them to deliver bladed products themselves, the provisions in the Bill that prohibit delivery to residential premises of a bladed product will still apply: that is, the seller will not be able to send a bladed product to residential premises and the bladed product will still have to be collected in person at a collection point.
Amendments 62A and 63A are both consequential to Amendments 62 and 63, which already form part of the Bill as a result of Amendments 27A to 27K. Amendment 62A adds to Amendment 62 in the Bill the new offence of delivery of bladed products to persons under 18. Amendment 62 provides trading standards with a power to enforce various existing and new offences relating to the sale and delivery of bladed articles, offensive weapons and corrosive products. It also confers on trading standards investigatory powers under Schedule 5 to the Consumer Rights Act 2015—the CRA, as it is known—for the purpose of enforcing these offences.
Amendment 63A is another consequential amendment to Amendment 63 and is similar in purpose to Amendment 62A as it adds the new offence of delivery of bladed products to persons under 18. Amendment 63 in the Bill enables businesses to enter into partnerships with a local authority that will act as the primary authority for that business in relation to an area of regulation. This will enable the primary authority to provide advice and guidance on compliance to the business in areas of regulation covered by the partnership, on which the business can rely.
In summary, these amendments will ensure that bladed products can be delivered to residential premises, while at the same time addressing the risk that the product ends up in the hands of a person under 18 because the delivery company has not verified age or has simply pushed the bladed product through the letterbox. I again thank the noble Lords, Lord Kennedy and Lord Paddick, and I hope that the House will feel able to support the amendments. I beg to move.
Baroness Williams of Trafford
That this House do agree with the Commons in their Amendment 62A.
“Enforcement of offences relating to sale etc of offensive weapons
(1) A local weights and measures authority may enforce within its area a provision listed in subsection (2).
(2) The provisions mentioned in subsection (1) are—
(a) section 1(1) of the Restriction of Offensive Weapons Act 1959 (penalties for offences in connection with dangerous weapons),
(b) section 1 of the Crossbows Act 1987 (sale etc of crossbows to persons under 18),
(c) section 141(1) of the Criminal Justice Act 1988 (offensive weapons), (d) section 141A of that Act (sale etc of bladed articles to persons under 18),
(e) section 1 of the Knives Act 1997 (unlawful marketing of knives),
(f) section 2 of that Act (publication of unlawful marketing material relating to knives),
(g) section 1 of this Act (sale of corrosive products to persons under 18), (h) section 3 of this Act (delivery of corrosive products to residential premises etc),
(i) section 4 of this Act (delivery of corrosive products to persons under 18),
(j) section 17 of this Act (delivery of bladed products to residential premises etc), and
(k) section 20 of this Act (delivery of bladed articles to persons under 18).
(3) For the investigatory powers available to a local weights and measures authority for the purposes of enforcing a provision listed in subsection (2), see Schedule 5 to the Consumer Rights Act 2015.
(4) Nothing in this section is to be construed as authorising a local weights and measures authority to bring proceedings in Scotland for an offence.
(5) In paragraph 10 of Schedule 5 to the Consumer Rights Act 2015 (duties and powers to which Schedule 5 applies), at the appropriate place insert “section (Enforcement of offences relating to sale etc of offensive weapons) of the Offensive Weapons Act 2019.””
Commons Agreement and Amendment to the Lords Amendment
The Commons agree with the Lords in their Amendment 62 and propose Amendment 62A as an amendment thereto—
Baroness Williams of Trafford
That this House do agree with the Commons in their Amendment 63A.
“Application of Regulatory Enforcement and Sanctions Act 2008
In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 (relevant enactments for the purposes of relevant functions to which Parts 1 and 2 of that Act apply) at the appropriate places insert—
“Criminal Justice Act 1988, sections 141(1) and 141A”;
“Offensive Weapons Act 2019, sections 1, 3, 4, 17 and 20”; “Restriction of Offensive Weapons Act 1959, section 1(1)”.”
Commons Agreement and Amendment to the Lords Amendment
The Commons agree with the Lords in their Amendment 63 and propose Amendment 63A as an amendment thereto—