Firearms Bill
Friday 3rd March 2023
(1 year, 8 months ago)
Commons ChamberRead Full debate Firearms Act 2023 Read Hansard Text Read Debate Ministerial Extracts
Simon Baynes (Clwyd South) (Con)
I beg to move, That the Bill be now read a Second time.
I am honoured to speak in the Second Reading of this private Member’s Bill on behalf of my hon. Friend the Member for West Bromwich West (Shaun Bailey), who cannot be here today. The Bill seeks to strengthen further this country’s already robust firearms controls in two important but distinct ways: by introducing a new offence to combat the unlawful manufacture of ammunition by criminals; and by closing a loophole in firearms law so the operator of a miniature rifle range must first be granted a firearms certificate by the police.
The ammunition measure in the Bill helps the police tackle unlawful manufacture by introducing a new offence of possessing component parts with the intent to assemble unauthorised quantities of complete ammunition. The police have raised concerns that the component parts of ammunition are too easy to obtain and are being used by criminals to manufacture whole rounds of ammunition. It might be helpful if I briefly list and explain what the components are and how they go together to make a round of ammunition: the gunpowder, used to propel a projectile from a firearm; the primer, an explosive compound that ignites the gunpowder; the projectile or bullet; and the cartridge case.
Controls on primers are set out in the Violent Crime Reduction Act 2006. Section 35 makes it an offence to sell or purchase primers unless the purchaser is authorised to possess them, for example by being a registered firearms dealer or by holding a firearms certificate authorising them to possess a firearm or ammunition.
Controls on the possession of gunpowder are set out in the Explosives Regulations 2014. The regulations require that, with certain exceptions, anyone wanting to acquire or keep explosives must hold an explosives certificate issued by the police. The projectiles or bullets and the cartridge case are constructed of inert material. Those are not controlled, which can make the prosecution of certain cases by the police difficult. They may believe there is intent to produce ammunition unlawfully, but be unable to progress with certain criminal cases if the materials found are not controlled.
Assembly of ammunition requires various component parts to be used, including the restricted and unrestricted components. The new offence means that the police will be better able to prosecute cases where criminals are manufacturing ammunition, including where only some of the component parts are present, provided that intent is shown. That will be a significant step forward in helping the police to tackle gun crime.
I turn now to the second firearms matter addressed in the Bill, the controls on miniature rifle ranges. It would be fair to say that the current exemption in law for such ranges is a lesser-known area of firearms law. None the less, it is extremely important that we improve the legislative regulation around miniature rifle ranges.
At present, section 11(4) of the Firearms Act 1968 allows a
“person conducting or carrying on a miniature rifle range…or shooting gallery”,
at which only miniature rifles and ammunition
“not exceeding .23 inch calibre”
or air weapons are used, to purchase, acquire or possess miniature rifles or ammunition without a firearms certificate. Additionally, a person can use those rifles and ammunition at such a range without a certificate.
Although the term “miniature rifle” is used in the legislation, the firearms it applies to are lethal guns and are otherwise subject to the requirement for the holder to apply for a firearms certificate in order to possess them. The existing exception in section 11(4) of the Firearms Act means that a person can purchase firearms and operate a miniature rifle range at which others can shoot without a certificate, and therefore without having undergone the usual stringent police checks on a person’s suitability or police assessment of how they will safely store and use the firearm.
The police raised concerns that the exemption is a loophole in firearms law, which is vulnerable to abuse by criminals or terrorists seeking to access firearms and side-stepping the usual robust checks carried out by the police. The miniature rifle range exemption has been in existence for many years and is used extensively by small-bore rifle clubs to introduce newcomers to sport shooting. It is used by some schools and colleges, by activity centres offering target shooting, at game fairs and in a number of other legitimate environments.
Many would be severely affected if the exemption were removed entirely, as they would no longer be able to enable newcomers to try out target shooting in a safe and controlled environment. In recognition of that, the Bill preserves the benefits that the miniature rifle range exemption offers, while bringing in the appropriate controls by making it a requirement that the operator must be granted a firearms certificate by the police, having undergone all the necessary checks on suitability, security and good reason.
The Bill also more tightly defines what may be considered as a miniature rifle by restricting them to .22 rimfire guns, which are lower-powered rifles. There is concern that the current definition in the legislation of
“not exceeding .23 inch calibre”
could allow the use of more powerful firearms, which would not be suitable for use on a miniature rifle range by an uncertificated person, even with the necessary supervision and safety measures in place.
The Government consulted on introducing these two measures in the firearm safety consultation, which ran from 24 November 2020 until 16 February 2021. I am glad to say that both proposals were supported by the majority of respondents: 62% agreed that it should be
“an offence to possess component parts of ammunition with intent to manufacture unauthorised quantities of complete rounds of ammunition”;
73% agreed
“that the operator of a miniature rifle range should be required to hold a firearms certificate”;
and 74% agreed with the proposal to define miniature rifles more tightly to mean less powerful firearms not exceeding .22 rimfire.
Several respondents to the consultation made the point that ranges or shooting galleries in which only lower-powered air weapons are used should not be affected. In other words, there should be no requirement for the operator of an air weapons-only range to hold a firearms certificate; the legislative change should apply only to the more powerful and dangerous rifles about which law enforcement has raised concerns. I can offer a reassurance that it is the more powerful and dangerous licensed firearms that are the focus of the Bill’s changes. It will not alter the position with respect to ranges or galleries that use only lower-powered air weapons, namely air rifles of no more than 12 ft lb and air pistols of no more than 6 ft lb. Air weapons are, however, subject to a licensing regime in Scotland; the Bill will not affect that regime in any way.
Greg Smith (Buckingham) (Con)
My hon. Friend is making a compelling case. I entirely support the Bill’s aims. Can he give a further reassurance that it seeks to close the loophole and ensure that people are properly checked before they can own and operate such ranges or weapons? In no way, shape or form does it seek to close down such ranges; it just puts better safeguards in place. Engaging in shooting sports and such activities is still fundamentally encouraged.
Simon Baynes
My hon. Friend perfectly sums up the Bill’s intent.
The Government response to the public consultation was published on 20 July 2022. It committed to taking measures forward on ammunition and miniature rifle ranges by making
“changes…to primary legislation…when Parliamentary time allows.”
The Bill is a consequence of that commitment to amend legislation to make our firearms laws even more robust, to tackle crime and to continue to improve public safety. I am grateful to the Minister and his officials for their help in preparing the Bill. It gives me great pleasure to commend it to the House.
Jonathan Gullis (Stoke-on-Trent North) (Con)
I am aware of time, so I will not go on for too long. I congratulate my hon. Friend the Member for Clwyd South (Simon Baynes) on moving the Bill’s Second Reading on behalf of my hon. Friend the Member for West Bromwich West (Shaun Bailey), who is a fantastic champion in this House for his local community.
It all comes down to using more common sense, which is something that seems to be rife in Parliament on Fridays—we should probably try to inject a bit more from Mondays to Wednesdays. As my hon. Friend the Member for Buckingham (Greg Smith) pointed out, the Bill simply closes a loophole. It is not about being anti-shooting range or even anti-gun owner, as long as people are responsible, go through all the checks and follow all the safety requirements. There are many people across the country who follow the rules and should be commended for doing so. The Bill is designed purely to ensure that people who have gone through the checks have the right to continue owning such weapons if they so wish. It will ensure that those who wish to go to a firing range and enjoy sporting activities can do so in the safest possible environment.
Personally, I have never owned a weapon. Stoke-on-Trent North, Kidsgrove and Talke does not have a shooting range, as far as I am aware; if it does have one, it is definitely illegal.
Anyone who obeys and follows the law has nothing to fear from this legislation, which will simply enable our brave police officers to carry out these checks to make sure that licences are given out to appropriate individuals. We should all welcome that, and it is particularly important for the protection of under-18s. When I look at the violence with weapons in the United States of America, although there is a constitutional right to own weapons there and it is not for us to intervene in that, the situation is clearly out of control in some parts of that great nation. It is important that we learn from the terrible disasters that have occurred in that nation and make our country as safe as possible by ensuring that our police have all the weapons at their disposal in terms of legislation to protect the communities we live in. I support the Bill, and I look forward to seeing it pass its Second Reading today.
Jane Hunt (Loughborough) (Con)
I congratulate my hon. Friend the Member for Clwyd South (Simon Baynes) on taking on such a good Bill and my hon. Friend the Member for West Bromwich West (Shaun Bailey), who introduced it. The Bill deals with two aspects: miniature rifle ranges and the manufacture of ammunition. I will focus on miniature rifle ranges in my remarks.
There is an exemption in firearms law—section 11(4) of the Firearms Act 1968—that allows a person to run a rifle range or shooting gallery where only small calibre rifles or air weapons are used without the need for a firearms licence. Additionally, members of the public do not need a firearms licence to shoot at such a range or gallery. That exemption is widely used to introduce people to target shooting. Law enforcement has raised concerns that the exemption may allow unsuitable people to gain access to firearms, with consequent public safety risks.
The firearms safety consultation sought views on improving the controls on miniature rifle ranges while retaining the benefits that miniature rifle ranges present to shooting sports. The key proposal was that anyone who wishes to operate a miniature rifle range must apply for a firearms licence and undergo the necessary police checks into their background and security. Some 73% of respondents agreed or strongly agreed that the operator of a miniature rifle range should be required to have a firearms certificate, while 20% disagreed or strongly disagreed.
Nobody here is interested in stifling sport, least of all me, as the Member of Parliament for Loughborough—the epicentre of sport, in my considered opinion. We are looking to introduce restrictions that will enable law enforcement officers and other agencies to understand exactly who has these firearms and these ranges, to create a safer environment. That will be a good safeguard for those who run small rifle ranges, so that they have confidence that they and the people who attend their rifle ranges have been assessed. That is the main point I would like to make today.
To the average person in the street, a gun still looks like a gun, even if it is from a small rifle range, and we have to bear that in mind when considering the possible misuse by a very small percentage of users. It is important that we have robust restrictions, that we understand exactly who has these weapons and that we ensure they are used in a safe place. That is why I support the Bill.
Stephen Kinnock (Aberavon) (Lab)
I congratulate the hon. Member for West Bromwich West (Shaun Bailey) on this important Bill and thank the hon. Member for Clwyd South (Simon Baynes) for presenting it and speaking on his behalf so eloquently.
It is frequently said that the UK has one of the toughest systems in the world for regulating the ownership of firearms. Members on both sides of the House will undoubtedly be thankful that that is the case but will also share the belief that we must never lose sight of the need to ensure that our laws and regulations remain fit for purpose. The licensing system currently in force dates back more than 50 years, having been established by the landmark Firearms Act 1968. While that groundbreaking law was a vital first step, we must never allow ourselves to fall into the trap of complacency. Despite the importance of the 1968 Act, it took the unspeakable tragedies of mass shootings in Hungerford and Dunblane to prompt further action to tighten up our laws in the 1980s and 1990s.
Today, the memories of five people—Maxine Davison, Stephen Washington, Kate Shepherd, Lee Martyn and Lee’s three-year-old daughter Sophie, who were shot dead in Plymouth in August 2021—cast a long shadow over this debate. We must not wait for another equally horrific event before we take the steps needed to bring the law up to date. I pay particular tribute to my hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard) for his passionate advocacy of measures to further restrict the ownership of dangerous weapons and to counter online radicalisation, and to the hon. Member for West Bromwich West for promoting the Bill.
The Bill’s intent is to,
“Make provision about the regulation of certain rifle ranges and shooting galleries; to make provision for an offence in relation to the possession of component parts of ammunition; and for connected purposes.”
I will take each point in turn. Clause 1 would make limited changes to the scope of provisions in the Firearms Act on the use of weapons at shooting ranges and galleries. It is not clear that the changes go far enough. For instance, the Government’s response to a consultation published last July announced plans to introduce a new requirement for operators of miniature rifle ranges to be issued with a firearms certificate. The response noted that that would require changes to primary legislation, but did not give a timescale. Perhaps the Minister could update the House on that point.
Clause 2 would introduce a new offence of possessing component parts of ammunition with intent to manufacture. That is an important step that reflects the widespread recognition that the law as it stands has not kept pace with changes in technology over recent years. Again, the changes do not appear to have gone as far as they could have. For instance, the offence created by clause 2 would apply to ownership of four primary components: bullets, cartridge cases, primers and propellants. Perhaps the Minister could tell us whether he is confident that even with those changes, the law would adequately reflect the application of recent technological developments such as 3D printing and other evolving technologies that make access to deadlier weapons significantly easier for those who seek them.
It is important to note that the new offence envisaged by clause 2 would require evidence of an intent to use components to manufacture ammunition. What can the Minister, or any hon. Member who supports the changes, tell us about the standard of proof that will apply when determining intent? How might attempts to evade detection be addressed as part of efforts to tackle such offences?
Finally, we should give consideration to the many important issues the Bill does not address. Do the Government plan to establish a new independent regulator for firearms licensing? Can we have an update on progress towards implementing the Government’s commitment to a national accredited training scheme for firearms enquiry officers? When will the new curriculum be introduced? What changes, if any, do the Government plan to make to the licensing process at national level? Will changes be made to the application fees for firearms certifications, which are currently £70 and £80, in order to more accurately reflect the actual cost of processing the applications, which can exceed £500? What steps will be taken to address the apparent surge in the number of temporary permits, which, according to recent reports, is a direct consequence of backlogs in the system, in order to fully ensure that weapons do not get into the wrong hands?
Finally, how will wider policy challenges, such as the urgent need for more effective action to tackle online radicalisation, be addressed in the weeks ahead? Will the Minister consider changes to the Online Safety Bill to strengthen the law in that area? All too often in the past, loopholes and weaknesses in our firearms laws were not addressed until it was too late. If there is one thing that Members of all political persuasions can agree on, it is that gun violence must be eradicated. I look forward to hearing more detail on the Government’s plans to achieve that objective.
The Minister for Crime, Policing and Fire (Chris Philp)
I congratulate my hon. Friend the Member for West Bromwich West (Shaun Bailey) on introducing this private Member’s Bill and, of course, my hon. Friend the Member for Clwyd South (Simon Baynes) on stepping into his place with such eloquence and command of the House, as we heard just a few moments ago.
Time is relatively short, so I am not going to repeat at length a description of the provisions that the shadow Minister, the hon. Member for Aberavon (Stephen Kinnock), and my hon. Friend the Member for Clwyd South have both already covered. Suffice it to say that, as they have laid out, the Bill intends to more tightly define the legislation around miniature rifles to ensure that a limitation of .22 is placed on their calibre and that the people operating miniature rifle ranges need to have licences.
As others have laid out, clause 2 seeks to make it clear that having an intent to assemble components into ammunition will constitute an offence. As the Bill passes through Committee, we may want to make sure that we cover not only people intending to manufacture ammunition themselves, but those facilitating others to do so. However, that is a definitional detail that I am sure we can consider properly in the course of Committee proceedings.
The shadow Minister asked a number of questions. I am sure we will discuss them more on other occasions, but 3D printed weapons—either the weapons themselves or the components thereof—are treated the same as regular weapons. We will, of course, keep that under review. He asked about the fees charged for firearms licensing; as I said to the House a week or two ago, we have committed to consulting this year—probably in the summer or early autumn—about increasing those fees to make sure that the full costs are recovered by police forces. The question of accreditation of firearms examination officers is one that I discussed with the College of Policing’s chief executive, Andy Marsh, just this week. That is an area that we would like to see taken forward by policing, and it is something that the College of Policing will consider in conjunction with the National Police Chiefs’ Council.
On the question about firearms backlogs and temporary licences, I reviewed the data on that only yesterday and, of the 43 forces, I consider four to have unacceptably high backlogs. I will be communicating with the chief constables of those four forces in the very near future.
Last week or the week before, I made a statement on the terrible shootings that we have seen; as the shadow Minister knows, the Government are waiting for the prevention of future deaths report from the Plymouth coroner so that lessons can be learned and whatever changes need to be made can be made, in order to prevent appalling tragedies such as that. We will also consider the recommendations made by the Independent Office for Police Conduct, as well as a report by the Scottish Affairs Committee prompted by a tragedy that took place on the Isle of Skye. We will consider all three things together, and the Government will respond substantively within 60 days of receiving that prevention of future deaths report, which we believe we will receive in the very near future.
I am conscious that I have strayed somewhat beyond the strict topic of the Bill, Mr Deputy Speaker, but I wanted to answer some of the shadow Minister’s questions; we can discuss the others later. I put on record the Government’s support for the Bill. It is well constructed and will certainly contribute to public safety, and I look forward to working with right hon. and hon. Members on both sides of the House to make this excellent Bill law as soon as possible.
Simon Baynes
With the leave of the House, I will respond to the debate.
I will be very brief, but I want to thank colleagues on both sides of the House for their support for the Bill. I thank my hon. Friend the Member for Stoke-on-Trent North (Jonathan Gullis) for his customary common sense, and for making the point that we are not anti-ranges but in favour of closing loopholes and increasing safety. I have to say that I was somewhat relieved to hear that he had not owned a weapon personally. [Laughter.] I thank my hon. Friend the Member for Loughborough (Jane Hunt)—from the epicentre of sport—for pointing out that we are not seeking to stifle sport, and that these restrictions are intended to create a safer environment. I thank the hon. Member for Aberavon (Stephen Kinnock) for his supportive approach. His point that laws and regulations must remain fit for purpose is of course central to our aims. He spoke movingly about the horror of gun crime, and searchingly but constructively about the details of the Bill. I thank my right hon. Friend the Minister for bringing his customary vigorous commitment and his wealth of experience to supporting the Bill and its further progress through the House, and also for doing the hon. Member for Aberavon the courtesy of answering his questions.
Finally, I thank my hon. Friend the Member for West Bromwich West (Shaun Bailey) for bringing the Bill to the point at which we have been able to discuss it today. It has been an honour for me to carry on his work in the House.
Question put and agreed to.
Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).
Firearms Bill
Wednesday 15th March 2023
(1 year, 7 months ago)
Public Bill CommitteesRead Full debate Firearms Act 2023 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 15 March 2023 - (15 Mar 2023)
The Chair
Welcome, colleagues, to this important Committee. My selection and grouping list for today’s sitting is available online and in the room. We will have just one debate, on the selected amendments and on clauses 1, 2 and 3 stand part of the Bill. I will first call Holly Lynch to move amendment 1. At the completion of the debate, I will ask her whether she wishes to withdraw her amendments or press them to a Division. As Shaun Bailey, who introduced the Bill, is now a Home Office Parliamentary Private Secretary—congratulations, Shaun, I think—I will call Simon Baynes to speak to the Bill, and other Members will then be able to catch my eye and be called to speak. It is a narrow, two-purpose Bill, and the amendments are very narrow. I have a reputation for being very fierce on Second Reading speeches in Committee, when we should be focusing on amendments.
Clause 1
Miniature rifle ranges and shooting galleries
Holly Lynch (Halifax) (Lab)
I beg to move amendment 1, in clause 1, page 1, line 19, at end insert —
“(4B) Before a firearm certificate may be issued or renewed for an operator of a range or gallery under this section, the chief officer of police must be satisfied that there is nothing in the social media profile of the applicant for an operator’s licence to indicate that the applicant is not fit to be entrusted with a miniature rifle or ammunition for a miniature rifle.”
The intention of this amendment is to ensure that social media profiles are taken into account in the granting of the firearms licences which will be required under this Bill.
The Chair
With this it will be convenient to discuss the following:
Amendment 2, in clause 1, page 1, line 19, at end insert—
“(4C) Before a firearm certificate may be issued or renewed for an operator of a range or gallery under this section, the chief officer of police must meet privately with members of the applicant’s family or household before deciding whether the applicant is fit to be entrusted with a firearm under section 27 of this Act.”
Amendment 3, in clause 1, page 1, line 23, at end insert—
“In section 32ZA (Fees in connection with authority under section 5), after subsection (3) insert—
‘(3A) Any regulations relating to fees for licences issued under section 11 of this Act relating to miniature rifle ranges must require payment equal to the expected cost of issuing such licences.’”
Clause stand part.
Clauses 2 and 3 stand part.
Holly Lynch
It is a pleasure to serve under your chairmanship, Sir Gary, in these important proceedings. I congratulate the hon. Member for West Bromwich West on the progression of his private Member’s Bill and the hon. Member for Clwyd South, who is the custodian of the legislation this afternoon. I will speak to amendments 1 to 3, which are in my name, and clauses 1 to 3.
We very much welcome the fact that the Bill will clamp down on loopholes related to miniature rifles. Clause 1 is fundamental to that; it makes limited changes to the Firearms Act 1968 by introducing a requirement for the operators of miniature rifle ranges to obtain a firearm certificate and by restricting such ranges to .22 rimfire weapons only. Clause 2 will introduce a new offence of possessing component parts of ammunition with intent to manufacture, and provides clear definitions and sentences. We recognise that the Bill follows the publication of the firearms safety consultation, which sought views on improving the controls on miniature rifle ranges. Some 73% of those who responded to the consultation agreed or strongly agreed that the operator of a miniature rifle range should be required to have a firearm certificate.
We support the legislation, but there is concern that it is very limited in scope and misses an opportunity to deliver a significant and long-sought-after tightening up of the firearms licensing regime more broadly. I have spoken to police officers involved in firearms licensing, who tell me that there are examples of miniature rifles being adapted into more dangerous weapons and used to facilitate criminality. It was felt that the requirement for someone who is operating a miniature rifle range to apply for a firearms licence should be accompanied by further conditions, in recognition of the fact that they are running such an establishment, rather than simply possessing a firearm. It was also felt that the running of the range itself should be subject to routine checks on compliance, but that is missing from clauses 1 and 2.
Generally speaking, we rightly have robust firearms laws in the UK, which have broad and enduring support. Firearms incidents are rare, but all Members will be deeply troubled by recent examples of the fatal use of firearms by licensed firearms holders. We have tabled amendments 1 to 3, while recognising the scope of the legislation, in the hope that they could be rolled out to firearms licensing more broadly. They seek to introduce sensible and proportionate changes to the licensing regime, taking into consideration the learning from recent atrocities.
Amendment 1 would ensure that a person’s social media presence was taken into account when an application for a firearms licence under clause 1 was being considered. Members will be aware of the report summarising the Independent Office for Police Conduct investigation into the prior contact between Devon and Cornwall police and Jake Davison, who committed the Plymouth mass shooting, which my hon. Friend the Member for Plymouth, Sutton and Devonport will go into in more detail. The report stated that Davison
“posted prolifically on Reddit… about incels and incel ideology”.
Although he did not express an overt wish to harm anyone, he was involved in the heavily misogynistic and violent incel online community, and
“He also discussed his poor mental health, disillusionment with life and relationships, and dislike of his mother on Reddit and YouTube.”
The report did not identify any individual instance of misconduct or poor performance from Devon and Cornwall police in relation to the vetting of Davison’s social media during the licensing process, as at that time the statutory guidance on firearms licensing included limited advice on conducting social media checks.
In its six recommendations, the Independence Office for Police Conduct stated that statutory guidance on firearms licensing should be amended
“to require that open-source research is conducted for all applications, with more intrusive checks for high risk applicants.”
Amendment 1 reflects that recommendation. Again, it is within the scope of the Bill; I hope that the Government will recognise that and adopt he amendment.
Amendment 2 states:
“Before a firearm certificate may be issued or renewed for an operator of a range or gallery under this section, the…police must meet privately with members of the applicant’s family or household before deciding whether the applicant is fit to be entrusted with”
a firearms licence. In its December 2022 report, “Firearms licensing regulations in Scotland”, following the Skye shootings, the Scottish Affairs Committee recommended that
“the UK Government change the statutory guidance on firearms licensing to more strongly recommend that police forces involve present and former conjugal partners in the application and renewal process. Echoing the system used in Canada”.
In the most recent instances of unlawful and fatal use of licensed firearms, family members of the perpetrators faced the greatest risks. Amendment 2 would place a duty on police forces to discuss the applicant’s suitability for a licence with their family members in private meetings. That would significantly enhance the referee system. The Scottish Affairs Committee report stated that it had significant concerns about the process,
“which must be addressed before it is fit for purpose.”
It noted
“concerns about applicants canvassing for referees, and lack of mandatory consultation with people close to firearms licence applicants.”
Amendment 3 is almost consequential to amendments 1 and 2, but provides for a long overdue rebalancing. It is the first ask of any police force when we raise firearms licensing with it. The Minister for Crime, Policing and Fire said on Second Reading that the Government
“have committed to consulting this year—probably in the summer or early autumn—about increasing…fees to make sure that the full costs are recovered by police forces.”—[Official Report, 3 March 2023; Vol. 728, c. 1076.]
I very much welcome that. I hope hon. Members will agree that the proposals are entirely appropriate, and that the proposals for additional checks are grounded in clear recommendations born out of painful lessons learned.
The financial implications of licensing are addressed in amendment 3. On Second Reading, the Minister revealed that as of 2 March, four constabularies in England and Wales had unacceptably high backlogs for firearms licences, including temporary licences. I suspect that resourcing is part of the challenge for forces, but do any of us constituency MPs want officers to come off the frontline, and step away from neighbourhood policing, in order to bring down the backlog in firearms licensing?
Under the amendment, only the costs of the process would be recouped, but even that would be a significant rebalancing for police forces. I hope the Government will accept the amendment. They could run a pilot scheme covering miniature rifles, with a view to considering its merit, and then extend it to all firearms. I hope the Government and the Minister are listening. We certainly welcome this Bill; we just wish there was a little more in it.
Simon Baynes (Clwyd South) (Con)
It is a pleasure to serve under your chairmanship, Sir Gary, and to take the Bill forward on behalf of my hon. Friend the Member for West Bromwich West. As the hon. Member for Halifax said, I am the custodian of the Bill, which is a big responsibility, and I greatly appreciate the role. I also took the Bill through its Second Reading in the Chamber on 3 March.
It is widely acknowledged that the UK has some of the toughest gun controls in the world, but it is important that the Government keep those controls under review and take action to strengthen them further when evidence suggests that that is necessary. I thank the hon. Member for Halifax for her comments. Before I speak about the clauses, I will address her proposed amendments. I value her comments, and she made some valid points, specifically about social media profiles, the chief officer meeting applicants’ families and households, and ensuring that payment equals the cost of issuing licences. I trust that the Minister has heard and taken on board those points, but given the narrow, very specific scope ofthe Bill, I question whether this is the correct place for the discussions brought about by the amendments. Amendments 1 and 2 pose wider, valid questions to explore. Amendment 3 could perhaps be covered by secondary legislation. As the hon. Lady said, these points need broader discussion, but that is not possible within the scope of the Bill and given what we hope to achieve today. However, I appreciate her bringing the amendments forward.
The clauses will further strengthen firearms controls by addressing two vulnerabilities that could be exploited by criminals, terrorists, and those with malicious intent. Clause 1 removes the exemption in firearms controls that allows a person to operate a miniature rifle range without first obtaining a firearm certificate from the local police. The Bill will place a requirement on them to obtain a firearm certificate, and they will therefore be subject to the important police checks that are done before a certificate is issued. Those checks cover the suitability of a person’s having access to firearms for a legitimate purpose—in this case, to operate a miniature rifle range—and ensure that the firearms and associated ammunition will be handled and stored safely. The firearms used in miniature rifle ranges, which are rifles chambered for .22 rimfire cartridges, must in all other circumstances be held on a certificate issued by the police. Clause 1 will helpfully clarify in law that these are the firearms used at the rifle ranges, and will bring their control in line with controls on those firearms in all other circumstances.
Clause 2 gives the police the power that they need to prevent criminals from manufacturing unlawful ammunition. The key components of ammunition are the propellant, which helps to propel a projectile from a firearm by burning rapidly, and the primer, which is an explosive chemical compound that ignites the propellant. Both are already controlled, and there are offences relating to the unlawful possession of complete ammunition. However, the police have expressed concern that these controls are not sufficient to prevent criminals from acquiring the components and going on to unlawfully manufacture ammunition. The clause will close that gap by making it an offence to possess the components of ammunition with the intent to manufacture unlawful ammunition.
I am advised that there will be law-abiding shooters who may have components of ammunition that they use lawfully, for such purposes as reloading ammunition, which they are legally able to possess by virtue of their firearms certificate. The offence in clause 2 has therefore been drafted in a way that will not criminalise such lawful activities. It requires first that the person committing the new offence has any of the components in their possession; secondly, that the person has the intent of manufacturing ammunition; and thirdly and critically, that the person would have no lawful basis for having the ammunition once it was assembled and complete. In that way, the clause ensures that those who are able to hold ammunition by virtue of a firearm certificate issued under section 1 of the Firearms Act 1968, or who are registered firearms dealers under the Act and permitted to possess or manufacture such ammunition, will not be caught by the new offence when going about their lawful activities.
This is a small but important Bill. Events such as those in Plymouth in August 2021, or more recently at Epsom College, are clear reminders that we cannot afford to be complacent about the risks that firearms can present. The Bill will seek to address two identified vulnerabilities in this country’s robust firearms controls, and it is right to take action to address those vulnerabilities. I have pleasure in presenting the Bill to the Committee.
Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
Thank you, Sir Gary. It is a pleasure to see you in the Chair. I thank the hon. Members for West Bromwich West, and for Clwyd South, for promoting and sponsoring the Bill. It is a welcome change to the gun laws.
As alluded to by my hon. Friend the Member for Halifax, in my constituency we suffered a tragedy in August 2021, when five members of our community were shot by someone with a pump-action rifle. That experience will inform my comments on the amendments. I hope that the Minister will pass them on to the Minister for Crime, Policing and Fire, who will, towards the end of the month, meet face to face members of the Keyham and Ford communities affected by the tragedy, to look at what came out of the prevention of future deaths report.
Mr Jonathan Djanogly (Huntingdon) (Con)
I declare my interest as chairman of the British Shooting Sports Council. I have to start by saying that I was somewhat surprised to see the measures presented in a private Member’s Bill, rather than Government legislation. There was a full Government consultation on the issue, with a very large number of responses. It came to a consensus—I think that has been generally recognised this afternoon—but one does still wonder: why a private Member’s Bill? Having said that, the Bill is good, including from the BSSC’s perspective. I congratulate the Bill’s promoter—or should I say promoters? We need to thank the very large number of people who contributed to the consultation, and to the drafting of the clauses, not least the National Small-bore Rifle Association, which created the framework of clause 1 on miniature rifle ranges.
On clause 1, target shooting with small-bore rifles is a challenging sport that is open to men and women of all ages, and accessible to competitors with a wide range of disabilities. British shooters regularly achieve international success, and since 2000, the home nations competing at the Commonwealth games have won seven gold, eight silver and eight bronze medals in small-bore rifle shooting. The law allows people to use small-calibre rifles at miniature rifle ranges without holding a firearm certificate. That exemption has provided an opportunity to introduce scouts, cadets, youth organisations, schools, colleges, universities and the wider public to the sport of shooting. I welcome the fact that the Government recognise the value of that exemption and are retaining it.
The BSSC agrees that the operator of a miniature rifle range should hold a firearm certificate in order to purchase, acquire and possess firearms and ammunition. That will ensure that they are subject to the same checks as other firearm owners and that they are responsible for the security of the firearms and ammunition. Miniature rifle ranges have traditionally used .22 rim-fire rifles. I agree that that should remain the case. I am pleased that the Government have clarified the point, and that it has appeared in the Bill.
Firearms law is administered by the police, in accordance with guidance issued by the Home Office, and no doubt the Minister will explain that the guidance is to be amended to recognise the new legislation. The non-statutory guidance sets out the “good reason” that is required to justify possession of a firearm. I will be grateful if the Minister confirms that the operation of a miniature rifle range will be regarded as a good reason for possessing suitable firearms and ammunition.
Large numbers of law-abiding shooters reload their own cartridges. They do so to save costs, to improve accuracy and to provide them with ammunition that is not commercially available—for example, for vintage or historical firearms. Viable ammunition requires a primer and a propellant, and there are already controls on those components. Some elements of the drafting of clause 2 on ammunition components—specifically, bullets and cartridge cases—mean that those are not controlled. That may need some review for clarity. I hope that the Minister and the Bill’s promoter can engage on that as the Bill proceeds.
Completed cartridges, to which section 1 of the 1968 Act applies, may be possessed only with a suitably conditioned firearm certificate. Any ammunition loaded must conform to the calibre and quantity specified on the firearm certificate, and cartridges must be stored securely to prevent access to them by unauthorised people. I was pleased that my hon. Friend the Member for Clwyd South recognised that in his remarks. Shooters who hold the relevant, valid certificates, permits and licences, and who load section 1 cartridges authorised by their certificates, do not commit an offence.
The BSSC was consulted on the changes proposed by the Government and discussed those matters with them. It will no doubt remain a matter for the police and the courts as to how intent to manufacture ammunition unlawfully is to be proven. However, I am satisfied that in the case of lawful shooters, reloading ammunition that they have authority to possess, no offence is committed under the proposed legislation.
On the Opposition amendments, I note that the shadow Minister, the hon. Member for Halifax, referred to recent incidents. I understand her wishing to debate such issues—I do not in any way discount them, or indeed the comments of the hon. Member for Plymouth, Sutton and Devonport in that regard, because they are important—but I hope that the Minister believes that we need to stand back, review the facts, the coroners’ reports and other evidence, and consult, rather than legislating immediately in a private Member’s Bill.
Claudia Webbe (Leicester East) (Ind)
I am delighted to speak in the Bill Committee, not least because I was for a decade a member of the Association of Chief Police Officers’ firearms committee, working alongside NABIS, the National Ballistics Intelligence Service. I therefore welcome the Bill, which is much needed.
For more than 25 years, we have prided ourselves in the UK on having the best firearms legislation in the world. We only have to look to places such as America to see how good the UK is, and we cannot deny the strength of our firearms legislation. However, there is a clear need, 25 years on, to address some problems with it.
We need new legislation partly because the internet has grown, and there is now 3D printing, which can produce 3D guns. The internet also allows people to order ammunition, leading to the disruption we have seen. People receive parcels of ammunition just through using the internet.
The Parliamentary Under-Secretary of State for the Home Department (Miss Sarah Dines)
Sir Gary, it is a pleasure to appear in front of you. I thank my hon. Friend the Member for West Bromwich West for promoting this modest-in-size, but very important Bill. I thank my hon. Friend the Member for Clwyd South for being its custodian. I thank Opposition Members for the consensual way in which they have worked, and for the eloquence shown today. I thank all those who have contributed. The hon. Member for Plymouth, Sutton and Devonport has a lot to contribute in this area, my hon. Friend the Member for Huntingdon has a lot of expertise, and I thank the hon. Member for Leicester East for her interest in this subject.
At the outset, I should declare that I may be one of the few members of this Committee who had a hobby as a keen handgun shooter. It might be a matter of interest to the Committee that I left it until the very last day to hand my Browning in—it was a wonderful present that I treasured and looked after—and that was the same day as my second son was born. That was an interesting day for me. [Hon. Members: “Hear, hear!”] That was the second of my four sons, who are now all grown up.
I will speak briefly about the amendments and clauses. Amendment 1 would have the effect of mandating in law that the police must check the social media profile of any person applying for a firearm certificate for the purposes of operating a miniature rifle range before issuing such a certificate, and to be satisfied that the checks do not reveal anything that suggests that the person should not have access to a miniature rifle or ammunition for such a rifle.
Clause 1, to which the amendment relates, removes the existing exemption in firearms controls that allows a person to operate a miniature rifle range without first obtaining a firearm certificate from the local police. That means that, in future, any person who wishes to operate such a rifle range will first need to apply to the police to obtain a firearm certificate, issued under the Firearms Act 1968. The applicant will therefore be subject to all the checks relating to suitability that the police conduct on all applicants who seek to obtain a firearm licence. Those checks are set out in the statutory guidance to the police on firearms licensing that came into effect in November 2021 and which was refreshed and strengthened on 14 February this year—there is no relevance to Valentine’s day.
The statutory guidance requires the police to consider conducting an open source check of social media presence and the activity of the person who applies for the firearm certificate to establish whether he or she has openly or repeatedly expressed or sympathises with views that may suggest that their access to firearms would be inappropriate. The checks that are sought by the amendment would be considered when a person applies for a licence to operate a miniature rifle range, or indeed for any other purpose, and not just for those seeking to operate a miniature rifle range, which would be the effect of the amendment.
The police have a legal obligation to have regard to the statutory guidance, which will be reviewed, in exercising their firearms licensing functions. The Government have said that we will keep the guidance under review and will not hesitate to refresh it and to strengthen it further whenever the evidence suggests that that is required.
The Government will consider such further changes to the guidance now, and possibly further changes in the law, following the outcomes of the recent inquests into those who were tragically shot dead by Jake Davison in Plymouth on 12 August 2021, and the expansive recommendations made by the coroner. Those recommendations sit alongside the outcomes and recommendations made by the Independent Office for Police Conduct following the investigation into the issue of a firearm licence to Jake Davison, and also recommendations made by the Scottish Affairs Committee, following its review of firearms licensing. It is clear that the Government will further strengthen the checks and controls on firearms licensing in the coming weeks and months.
Specifically in relation to social media checks, the Government have noted in the statutory guidance that the National Police Chiefs’ Council will develop a new national model, which I am sure will be helpful. When ready, it will assist all police forces in conducting social media checks in cases, to help them meet the requirements of the statutory guidance. It will be very useful to have a national scheme so that we do not have pockets or silos of good or bad practice, which is very important. Against that background, I would be grateful if the amendment were withdrawn.
I move briefly to amendment 2, which would have the effect of mandating that the police must meet privately with members of the family or household of a person seeking a firearm certificate in order to operate a miniature rifle range before they make a decision on whether to grant such a certificate. The underlying purpose of the amendment is clear and sensible. Those who know the applicant best and those who have a unique insight into the applicant’s temperament or behaviour may be particularly well placed to provide information about suitability. It may of course be difficult in some circumstances for an applicant’s partner or close family member to provide information that directly results in the application being refused. That person could be subjected to reprisals if the applicant considers that that person is to blame for the refusal. The statutory guidance for the police on their firearms licensing functions, which was refreshed by the Government on 14 February, covers that point explicitly in relation to partners where domestic abuse may be an issue.
I recognise that the scope of the amendment is not restricted to domestic abuse, but has rather more general applicability. In that context, it is worth noting that the statutory guidance to which I have referred invites the police to consider whether to interview individuals other than the applicant or their referees. It mentions the applicant’s partner specifically, where the police consider that contact to be necessary to assess suitability. Again, we are looking to good practice throughout, which is very important. The guidance does not mandate that contact in all cases, which may be the purpose of the amendment, but it draws attention to the fact that the amendment as it stands would have the effect of mandating an interview with members of the applicant’s family or household only in the cases of those wishing to operate miniature rifle ranges rather than in the generality of firearms applications. I know that perhaps that is not the amendment’s intention, but that is what it would do.
The Government feel that that the distinction is unhelpful, however they are keeping the statutory guidance as a whole under review and will consider further changes which may or may not include the terms of the amendment following the outcomes of the recent inquests. I am certain that the Government will consider whether it would be appropriate to amend the guidance to address the specific points addressed by the amendment.
A further review of referees will be undertaken and its results will be incorporated in the statutory guidance, resulting in stronger and more robust checks. I know that the hon. Member for Plymouth, Sutton and Devonport will be happy that that is the way forward.
As my hon. Friend the Member for Clwyd South said, the Government take the subject very seriously. The UK Government have some of the toughest gun controls in the world, but, as the hon. Member for Leicester East said, it is important that we keep all controls under review and take action when necessary to strengthen the laws further where the evidence suggests that that must be the way forward.
I have been impressed by the nature of the debate and the sincerity with which all speakers have contributed. I am pleased that we have had the opportunity to debate the Bill and ask that it be allowed to proceed.
Holly Lynch
I thank the Minister for her thoughtful contribution to the consideration of the Bill. She has put to me that scope is the reason why our amendments will not have the desired impact. She is entirely right, and I put to her that scope is exactly why the amendments will not have the desired impact. That does not mean that there is no merit in the amendments, and it is clear from today’s contributions that there is broad consensus that the amendments have been born out of the important lessons learned, having had a good look at recent tragedies.
I hope that there is progress on this matter, and a commitment particularly on amendment 3 to consult on the cost of firearms licensing. I hope that the Minister takes back to her Home Office colleagues the sense of consensus and the urgency with which we would like to see that work progressed.
I thank again my hon. Friend the Member for Plymouth, Sutton and Devonport, who spoke so powerfully with the weight of the experiences of his constituents; his was a powerful contribution to the debate. With that, I beg to ask leave to withdraw the amendment, but I hope that the Minister holds true to her word that there is a commitment to continue to move in the right direction on the matter.
Amendment, by leave, withdrawn.
Clause 1 accordingly ordered to stand part of the Bill.
Clauses 2 and 3 ordered to stand part of the Bill.
Bill to be reported, without amendment.
Firearms Bill
Monday 27th March 2023
(1 year, 7 months ago)
Lords ChamberRead Full debate Firearms Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 15 March 2023 - (15 Mar 2023)
Firearms Bill
Friday 14th July 2023
(1 year, 3 months ago)
Lords ChamberRead Full debate Firearms Act 2023 Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 15 March 2023 - (15 Mar 2023)
Lord Colgrain (Con)
My Lords, I am very pleased to present this Bill following its recent consideration in the other place. It was initiated by my honourable friend Shaun Bailey MP, and it addresses two important aspects of our firearms controls concerning miniature rifle ranges and ammunition. We have strong gun controls in the UK, which help to prevent criminals using illegal firearms. They also ensure that those who hold guns legally do not present any danger to the public. These controls are always kept under review so that action can be taken to strengthen them further where the evidence suggests that this is necessary.
This is why the Government launched a firearms consultation on 29 June, following recommendations made in the wake of the tragic shootings in Plymouth and on Skye, to seek views on whether further changes are needed to our tough firearms controls. The clauses in the Bill will help to improve these controls by addressing two vulnerabilities that could be exploited by criminals or terrorists and those with malicious intent. I will comment on these clauses in some detail. The first clause brings in new controls to miniature rifle ranges. It is fair to say that the current exemption in law for miniature rifle ranges is a lesser-known area of firearms law, but it is none the less extremely important that we improve the legislative regulation around miniature rifle ranges, which is set out in the Firearms Act 1968.
Section 11(4) of the Firearms Act at present allows a person to purchase, acquire or possess miniature rifles or ammunition without a firearms certificate when they are conducting or carrying on a miniature rifle range or shooting gallery at which only miniature rifles and ammunition not exceeding .23-inch calibre or air weapons are used. Additionally, a person can use these rifles and ammunition at such a range without a certificate. This means that they will not have been subject to the usual careful police checks on a person’s suitability, and nor will there have been any police assessment as to how they will store and use the firearms safely. The term “miniature rifle” is used in the legislation, but it is important to recognise that the firearms to which this term applies are lethal guns that are otherwise subject to the requirement for the holder to apply for a firearms certificate to possess them.
The police and others have raised concerns that the exemption is a loophole in firearms law. They say that the legislation is vulnerable to abuse by criminals or terrorists seeking to access firearms and to sidestep the usual stringent checks carried out by the police.
The miniature rifle range exemption has been in existence for many years, and it is used for a number of legitimate activities. For example, it is widely used by small-bore rifle clubs to introduce newcomers to sports shooting. It is also used by some schools and colleges, by activity centres offering target shooting, at game fairs and in a number of other legitimate environments. I can personally testify to the benefits that can accrue to schools, having been a governor of one where this facility was enjoyed. Many of these locations would be severely affected if the exemption was removed entirely, and this is not the intention of the Bill.
In recognition of this, the Bill preserves the benefits that the miniature rifle range exemption offers, enabling newcomers to sports shooting to try out the activity without having a firearms certificate, but in a safe and controlled environment. It brings in new controls by making it a requirement that the operator must be granted a firearms certificate by the police, having undergone all the necessary checks as to suitability, security and good reason.
The Bill also more tightly defines what may be considered as a miniature rifle by restricting these to .22 rim-fire guns, which are lower-powered rifles. Currently, there is concern that the definition in the legislation,
“not exceeding .23 inch calibre”,
could allow the use of more powerful firearms that would not be suitable for use on a miniature rifle range by an uncertificated person, even with the necessary supervision and safety measures in place.
I now turn to the second firearms matter addressed in the Bill, which concerns the controls on ammunition. The legislation will help the police to tackle the unlawful manufacture of ammunition by introducing a new offence of possessing component parts with the intent to assemble unauthorised quantities of complete ammunition. The police have raised concerns that the component parts of ammunition are too easy to obtain and are being used by criminals to manufacture whole rounds of ammunition.
To help explain what this part of the Bill does, I will briefly set out what those components are and how they go together to make a round of ammunition. The components are the gunpowder used to propel a projectile from a firearm, the primer, which is an explosive compound that ignites the gunpowder, the projectile or bullet and the cartridge case. Of these, the first two are covered by current legislation. Controls on the possession of gunpowder are set out in the Explosives Regulations 2014, which require that, with certain exceptions, anyone wanting to acquire or keep explosives must hold an explosives certificate issued by the police. There are already controls on primers set out in the Violent Crime Reduction Act 2006. Section 35 of that Act makes it an offence to sell or purchase primers unless the purchaser is authorised to possess them—for example, by being a registered firearms dealer or by holding a firearms certificate authorising them to possess a firearm or ammunition. However, the latter two, the projectiles or bullets and the cartridge case, are constructed of inert material, and these are not controlled at present.
Given the nature of these two components and the quantities in which they are made, it would be difficult to control their possession and there is no wish to do so. However, the current legislative controls can make the prosecution of certain cases by the police difficult. They may believe that there is intent to produce ammunition unlawfully but they may be unable to progress certain criminal cases if the materials found are not controlled.
The assembly of ammunition requires that various component parts be used, including restricted and unrestricted components. The new offence means that the police will better be able to prosecute cases where criminals are manufacturing ammunition, including where only some of the component parts are present provided that intent is shown. This will be a significant step forward in helping the police to tackle gun crime.
In closing, I say that the changes made by the Bill are necessary ones because they address vulnerabilities that have been identified in our firearms controls. Events such as those we saw in Keyham in August 2021, on Skye in August 2022 and at Epsom College in February this year are clear reminders that we must not be complacent about the risk that firearms can present. The Bill seeks to strengthen two important aspects of this country’s firearms controls; I am grateful for the support that it has received so far and commend it to the House. I beg to move.
Earl Attlee (Con)
My Lords, before I say anything substantive on the Bill, I would like to declare my interests—or non-interests. I own no firearms under either the Firearms Act or a firearms certificate and none that is exempt, and I have no intention of acquiring any. However, I own my grandfather’s .455 Webley service revolver as it is an historical item. I had it deactivated around 1997 to avoid any possibility of it causing harm to anyone and to avoid the need for me to hold a firearms certificate.
I congratulate my noble friend Lord Colgrain on his extremely skilful and comprehensive introduction to his Bill. To use a cliché, what is there not to like about the Bill?
Deactivated firearms are not relevant to the Bill but this is a good opportunity to raise the issue. Several years ago, we were required to change the law on deactivated firearms by an EU directive that did two things. First, it required records to be kept of transfers of certain deactivated firearms, which requires the Home Office to keep records and employ an official whose sole function is to keep these completely unnecessary records. I hope that my noble friend the Minister will give some indication, either now or in writing, of whether he intends to use the powers in the REUL Bill to relax the requirement around notifying these transfers; this would avoid the need to have an official in the Home Office keeping these records, which are of no use.
Secondly, the directive required us to prohibit the sale or transfer of what were termed defectively deactivated firearms; these are what we call early deactivated firearms and would include my grandfather’s .455 Webley. Some may worry about reactivation but an old deactivated firearm can, in certain cases, be worth more than a real firearm. It is not worth messing around with an old firearm like my grandfather’s because it is simply an uneconomical proposition; it is cheaper just to buy an illegal one off the black market. I cannot sell or transfer my grandfather’s .455 Webley to anyone because it is illegal to do so but there is absolutely no problem around me owning it. Of course, I have no intention of transferring it to anyone; it will be an insignificant part of my estate when I die. However, I am aware that defectively deactivated firearms—early deacts—are being sold or transferred privately. If it is okay for me to own and keep owning a defectively deactivated firearm, why is it not okay to sell or transfer one?
We have an undesirable situation here, arising from an EU directive. We have left the EU. We do not need to comply with this useless directive. In due course, we will have to repeal both provisions—that is, the provision on keeping records of certain transfers and the provision on preventing people selling or transferring deactivated firearms. Currently, we are creating criminals out of law-abiding citizens.
There has been media comment about firearms being made by 3D printing. I know that Home Office officials are aware of this, but does my noble friend the Minister agree that the current legislation adequately deals with the problem and that there have been successful prosecutions? I understand that officials are keeping a close eye on the situation but, at the moment, the technology of 3D printing is not quite good enough to make a really effective firearm; you still need to machine steel.
I do not intend to return to any of these issues at later stages of the Bill. I hope that, if he cannot respond to me now, my noble friend the Minister will reply to me in writing. I also hope that, in due course, my noble friend Lord Colgrain will have the order of commitment for this Bill discharged so that we can just get on with it.
Lord Browne of Ladyton (Lab)
My Lords, it is a pleasure to rise in support of the Bill. Like the noble Earl, Lord Attlee, said, this is a piece of legislation that will pretty obviously improve our weapons controls. I commend the noble Lord, Lord Colgrain, on his customary precise and acute advocacy.
One recurrent concern that I have developed in recent years is that our legislation is reactive far too often. We scrabble to catch up with societal shifts outside this place and pass laws that are no sooner promulgated than they are eclipsed by rapid developments in technology or the attempts of those who are incentivised to find legal loopholes. It is in that state of mind that I listened carefully to the noble Earl’s contribution; I am glad that he raised the issue of 3D-printed weapons. Last year, there was a substantial amount of reporting on the growing threat of such weapons on our streets. I distinctly remember the National Crime Agency publicly stating—I think I quote it accurately—that the current generation of 3D-printed weapons are “credible and viable” compared with earlier versions and that, although they are often single-shot weapons, they are lethal. It seems possible that this issue will need to be returned to at some point in the future because, although I am pleased to hear that the relevant parts of our regulatory authorities are watching this carefully, we will soon need to do more than just watch it.
During my time as Secretary of State for Defence, I grew extremely familiar with Clemenceau’s axiom that generals always prepare to fight the last war. It strikes me that, in our attempts to deal with very serious problems, we sometimes have a tendency to do that too. However, the Bill is not one of those occasions for this reason, which is one of the reasons why I commend it to your Lordships’ House: it seeks to close a loophole in Section 11(4) of the Firearms Act but as part of an incremental process of improving our firearms laws and in response to concerns raised by law enforcement in the firearms safety consultation. I do not want to go back to 3D printing but I hope that 3D-printed weapons will be a significant part of that review.
While the loophole addressed by this Bill talks of “miniature rifles”, the fact remains that these are potentially deadly weapons. It is right that the operators of miniature rifle ranges should be subject to police suitability checks and that the definition of “miniature rifles” should be clarified to ensure that no one should be allowing others to have access to deadly weapons unless they themselves hold an appropriate licence.
Noble Lords may recall a disturbing image that emerged from a Scottish shooting event at Eskdalemuir a couple of years ago. It showed participants shooting at targets through a hatch that was daubed with misogynistic slogans. It is an unfortunate truth that misogyny and guns very often go together. I remember, when I was in America, going to an open sale of guns. There is an entirely different culture—in Florida, in this case—from the one we live in. The amount of misogyny that goes on the T-shirts of the people who are buying the guns was really disturbing. I do not wish to stray further into that territory, because it is well outside the scope of this Bill, but this fact should give us pause to reflect on wider regulation of firearms.
Noble Lords will recall the tragic events in Plymouth in 2021, where a shooter killed five women, including his own mother. The investigation found that the shotgun was legally owned and that the perpetrator had subscribed to incel content and uploaded his own material to incel forums. In an inquest earlier this year, the co-ordinator for firearms licensing on the National Police Chiefs’ Council said that if the mandatory checks had been properly conducted, they should have revealed that his firearms licence
“should never have been issued”.
While thinking about that appalling case, I note that there has been a surge in the number of temporary permits for firearms as a direct consequence of increasing backlogs in the system.
I make my next point not from a partisan perspective but as a question of safety. Can the Minister describe how the decision-making process in granting a temporary permit, as opposed to a regular permit, differs? If there is a difference in the rigour of background checks that are required, it may be that we need to operate on the presumption of refusal of them, save where there is a demonstrable need in terms of work—for instance, in the agricultural sector. In addition, I understand that the Government have committed to consulting on the question of application fees for firearms licences. Presently, very often they do not cover even half the cost of processing the applications. At a time when the public finances are, to put it lightly, rather overstretched, that would be a very welcome development. Alongside the measures contained in the first clause of this Bill, I also welcome Clause 2, which introduces a new offence of possessing component parts of ammunition with intent to manufacture and provides clear definitions and sentences.
In closing, I make the point that this Bill is not an attack on shooting as a sport. Thanks to careful drafting, Clause 2 will not criminalise those who already possess ammunition or component parts of it and Clause 1 merely requires the owners and operators of rifle ranges to possess a firearms licence and to restrict themselves either to lower-powered air weapons or to .22 rim-fire rifles. These are hardly insuperable barriers to operating such a facility. This Bill is a valuable contribution to our firearms regulatory regime, and this debate is a welcome opportunity to draw the Minister’s attention to some other issues. I shall support this Bill as it moves through your Lordships’ House.
Earl Attlee (Con)
My Lords, I agree with everything said by the noble Lord, Lord Browne of Ladyton, but it is already a very serious offence to manufacture a pressure-bearing component of a firearm. We have the legislative framework and officials are looking at it very closely.
Lord Ponsonby of Shulbrede (Lab)
My Lords, I too congratulate the noble Lord, Lord Colgrain, on his precise introduction of this Bill and on clearly setting out the elements of it. I also congratulate his honourable friend Shaun Bailey for piloting it through the House of Commons.
The Opposition welcome this Bill. It is said that the UK has one of the toughest systems in the world for regulating the ownership of firearms. Nevertheless, our laws and regulations need to remain fit for purpose and be updated regularly. The licensing system currently in force dates back more than 50 years. It was established by the Firearms Act 1968. Despite the importance of the 1968 Act, it took the tragedies of mass shootings in Hungerford and Dunblane to prompt further action to tighten our laws in the 1980s and 1990s. Today, the memories of five people—Maxine Davison, Stephen Washington, Kate Shepherd, Lee Martyn and Lee’s three year-old daughter Sophie, who were shot dead in Plymouth in August 2021—cast a shadow over today’s debate on this Bill.
As we have heard from the noble Lord, Lord Colgrain, Clause 1 would make limited changes to the scope of provisions in the Firearms Act on the use of weapons at shooting ranges and galleries. The question is whether these changes go far enough. For instance, the Government’s response to a consultation published last July announced plans to introduce a new requirement for operators of miniature rifle ranges to be issued with a firearms certificate. The response noted that this would require changes to primary legislation but did not give a timescale.
Clause 2 would introduce a new offence of possessing component parts of ammunition with intent to manufacture. This reflects a recognition that the law as it stands has not kept pace with changes in technology over recent years. Again, the changes do not appear to have gone as far as they could have gone. For instance, the offence created by Clause 2 would apply to ownership of four primary components: bullets, cartridge cases, primers and propellants.
My honourable friend Stephen Kinnock asked the Minister, Chris Philp, to state
“whether he is confident that even with those changes, the law would adequately reflect the application of recent technological developments such as 3D printing and other evolving technologies”.
The Minister confirmed that
“3D printed weapons—either the weapons themselves or the components thereof—are treated the same as regular weapons”.—[Official Report, Commons, 3/3/23; cols. 1075-76.]
I would be grateful if the Minister can confirm that the provisions of this Bill will be kept under review as the technology of firearms evolves. I note that the new offence envisaged by Clause 2 would require evidence of an intent to use components to manufacture ammunition. What can the Minister tell us about the standard of proof that will apply when determining intent? How might attempts to evade detection be addressed as part of efforts to tackle such offences?
Finally, there are a number of important issues that the Bill does not address. I therefore have a number of questions for the Minister. Do the Government plan to establish a new independent regulator for firearms licensing? Can we have an update on progress towards implementing the Government’s commitment to a national accredited training scheme for firearms inquiry officers? When will the new curriculum be introduced? What changes, if any, do the Government plan to make to the licensing process at national level? Will changes be made to the application fees for firearms certifications, which are currently between £70 and £80, to reflect more accurately the cost of processing the applications, which can exceed £500?
What steps will be taken to address the apparent surge in the number of temporary permits—which, according to recent reports, is a direct consequence of backlogs in the system—to fully ensure that weapons do not get into the wrong hands? How will wider policy challenges, such as the urgent need for more effective action to tackle online radicalisation, be addressed in the weeks ahead? Will the Minister consider changes to the Online Safety Bill to strengthen the law in that area? The fear is that loopholes and weaknesses in our firearms laws will not be addressed until it is too late.
The Minister in the House of Commons stated that
“the Government are waiting for the prevention of future deaths report from the Plymouth coroner … We will also consider the recommendations made by the Independent Office for Police Conduct, as well as a report by the Scottish Affairs Committee prompted by a tragedy that took place on the Isle of Skye”.
We heard about that earlier. The Minister concluded that
“the Government will respond substantively within 60 days of receiving that prevention of future deaths report, which we believe we will receive in the very near future”.—[Official Report, Commons, 3/3/23; col. 1076.]
Can the Minister update us on that expected timetable?
My noble friend Lord Browne of Ladyton said that he supported the Bill and raised the issue of single-shot 3D weapons. I will add that, from my experience as a magistrate, in both adult and youth courts, when it comes to weapons used in incidents, what is most prevalent is the use of toy weapons, which are very often not easily distinguishable from real weapons, particularly when they are painted black and concealed in some way. I take it that this Bill does not seek to address that in any sense: nevertheless, that is what I actually see when I am sitting in court dealing with firearms-related offences. Does the Minister have any comment on that?
Otherwise, I support the Bill.
The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)
My Lords, I am very grateful to my noble friend Lord Colgrain for bringing forward this Private Member’s Bill to the House and for his introduction. I join him in paying tribute to Shaun Bailey MP in the other place for initiating the Bill. I also commend my noble friend for the thoughtful and very compelling case he has made for these two firearms measures. I thank all those who have contributed to the debate today. I welcome their support and constructive comments on our firearms controls.
I am very pleased to say that the Government support this Bill. As the noble Lord, Lord Browne said, it improves the existing legislation and, as the noble Lord, Lord Ponsonby, just noted, our laws must remain fit for purpose and be kept under review. I am a shotgun certificate holder myself and a member of the BASC, the British Association for Shooting and Conservation. I have an interest in this area, and I know that the BASC, as a representative of shooting interests, is broadly supportive of the measures put forward in this Bill too.
We keep this country’s strong gun controls under review and are prepared to consider taking action to strengthen them further if the evidence shows this to be necessary. That is why we fully support the measures contained in this Bill, and it is why, as my noble friend noted, we launched a firearms consultation on 29 June, following recommendations made in the wake of the terrible shootings in Keyham and Skye. The firearms licensing consultation will be open for eight weeks. We will listen most carefully, and with a balanced and proportionate approach, to the views which come forward on whether further changes are needed to this country’s robust firearms controls.
This Bill is about addressing two vulnerabilities which have been identified in the existing licensing controls. We committed to taking action on both of these issues following a public consultation conducted on a number of firearms safety issues in late 2020 and early 2021. As noble Lords have heard today, the Bill tightens the law around miniature rifle ranges, while preserving the existing benefits that they offer. It still enables those who are new to target shooting to experience the sport without having to be a certificate holder, but it ensures that this will take place in a safe and controlled environment by removing the exemption that currently allows those operating such ranges to do so without first obtaining a firearms certificate. Removing this exemption will mean that the operator will be subject to the usual police criminal record and suitability checks, as well as police checks to ensure that the rifle range is run safely and that the firearms used there are stored securely. Miniature rifles will also be more tightly defined in law so that only less powerful .22 rim-fire firearms may be used on miniature rifle ranges.
As we have discussed, the Bill also tackles the unlawful manufacture of ammunition by introducing a new offence of possessing component parts with the intent to assemble unauthorised quantities of complete ammunition. The police have raised concerns that the component parts of ammunition are too easy to obtain and are being used by criminals to manufacture whole rounds of ammunition. The new offence means that the police will be able to better prosecute cases where criminals are manufacturing ammunition, including where only some of the component parts are present, provided that intent is shown. This measure supports the police in tackling gun crime.
Both these measures received support in the public consultation that I referred to earlier. It was widely acknowledged, including by those representing shooting interests, as well as those who wish to see tighter firearms controls more generally, that these changes will help to strengthen our firearms controls. This Bill will make a valuable contribution to firearms legislation, while making sure that those who wish to continue to legitimately engage in firearms activities, whether that involves target shooting at clubs or activity centres, the legitimate home loading of ammunition or other lawful activities, are able to continue to do so.
I shall come on to some of the more detailed questions. My noble friend Lord Attlee has spoken about the position of older deactivated firearms which can be possessed but not sold or transferred without complying with the current deactivation standards, which are aligned with EU deactivation standards. I understand his concerns about this issue. We will keep all firearms matters under review and will consider our deactivation standards to see whether changes are necessary to the current position. As regards his specific question about REUL, I cannot comment, but I shall obviously make sure that his concerns are registered. I also note his comments about the possible value of his grandfather’s firearm, but I have to say, given its provenance, it might be worth rather more than he thinks.
My noble friend, as well as the noble Lords, Lord Browne and Lord Ponsonby, also raised the question of how we continue to keep people safe with the emergence of firearms produced using 3D printers. 3D-printed firearms fall within the scope of the Firearms Act 1968 and are subject to the same controls and licensing requirements as any other firearm. There have been successful prosecutions; in fact, I literally just googled this, and there was one on 23 June in West Yorkshire for possession of a 3D-printed firearm. So the law is working—but the Government are committed to tackling the threat posed by 3D-printed guns, and we are working closely with law enforcement, including the National Crime Agency, as part of the multi-agency response to the emergence of 3D-printed firearms.
The noble Lord, Lord Ponsonby, questioned me a little more closely on the intent point with regards to the new ammunition offence. We listened carefully to the calls for the clauses on ammunition to be explicit about the need for criminal intent to be proven, to ensure that those who legitimately manufacture or home-load ammunition are not inadvertently caught by the provisions of the Bill. Because of this, the drafting of the legislation is, rightly, very clear about the need for intent to be proven. I have heard what the noble Lord says. As I say, the whole issue remains under constant review.
The noble Lord, Lord Browne, asked me about the consultation and whether it will include a presumption in favour of granting a firearms licence. We did look at this issue in detail. The legislation makes it clear that the police must first be satisfied that issuing the licence will not endanger public safety or the peace. Therefore, such changes to the legislation would make no practical difference to the current application practice, which is centred on the requirement for the police to be satisfied that the applicant is suitable and safe to be granted a firearms licence.
The Government will continue to listen carefully to recommendations that we receive about how to further improve our firearms controls. We are open-minded to change, while ensuring that our response is proportionate and focused on areas of vulnerability where those are identified. Where necessary, we must strengthen the legislation on which our controls are based, and the measures in this Bill of course do that. But we will also use other tools—and I think these will answer a number of the questions of the noble Lord, Lord Ponsonby. We have committed £500,000 in funding to support development and rollout of a new training package for firearms licensing staff, developed by the College of Policing and the National Police Chiefs’ Council. In due course, the training will become mandatory for police firearms licensing staff.
On 14 February this year, we refreshed the statutory guidance for the police on their licensing functions, to ensure that the police are making the necessary inquiries before granting or renewing firearms licences. The statutory guidance aims to raise standards and improve consistency across all police forces. In addition, the Government have worked with the medical profession to put in place robust medical arrangements as part of the licensing controls, to ensure that those who hold firearms are physically and mentally fit to do so. A new digital marker system to flag firearms owners to doctors has been introduced to GP surgeries, which will further strengthen these arrangements.
The Home Office has also launched a review of firearms licensing fees: the fees that the police charge for the issue or renewal of firearms licenses. We will be consulting on any changes that will be required later this year. The purpose of the review is to provide full cost recovery for the police, so that they have the resources they need to maintain effective and efficient licensing arrangements that meet the needs of firearms owners, while also ensuring that the public are kept safe.
His Majesty’s Inspectorate of Constabulary and the fire and rescue services will be conducting a thematic review of police forces’ firearms licensing arrangements in 2024-25. That will provide us with an important opportunity to take stock of the changes that have been introduced and to ensure that we are doing all we can to ensure that our licensing arrangements are safe and meet the needs of the shooting community, alongside the overarching need to ensure the safety of us all.
I am glad that we will make our robust firearms controls even stronger through the measures in this Bill. The new requirement for a firearms certificate will enable the police to check the suitability and security of those running miniature rifle ranges, while preserving the benefits that they offer, including to newcomers to the sport of target shooting.
I shall address the final couple of questions asked by the noble Lord, Lord Ponsonby, as regards a regulator, or perhaps a central licensing body, to administer firearms certificates. There are no plans at present to create such a body to administer firearms licensing. We believe that there is some value in having local police firearms licensing departments. That enables the police to be in touch with the local communities and local medical practitioners, as well as being able to visit the applicants.
As regards the noble Lord’s question about the coroner’s report and the timetable, I am afraid I do not have any information on that as yet. Of course, I shall report back as soon as I am able to. As regards the Online Safety Bill, I have heard what the noble Lord has said, and I will make sure those concerns are passed on to the relevant department. I am afraid I do not have any comments that I can usefully make as regards toys, although I note the incredible likeness between the real firearms and some of the toys that are manufactured.
The amendment to the legislation on ammunition will give the police the tools to bear down on criminals who fuel gun crime by manufacturing ammunition unlawfully. The introduction of the new offence of possession of component parts with the intention to assemble unauthorised ammunition is another important step in the fight against crime.
I reiterate my thanks to my noble friend Lord Colgrain for bringing this Private Member’s Bill before the House. I hope to see it receive Royal Assent, as I believe it will have a significant impact in strengthening our firearms controls still further. The Government are in full support of the Bill and the important changes it will bring.
Finally, I am afraid I do not know the difference between temporary licences and the more traditional ones, if you will, but I will find out and report back.
Lord Colgrain (Con)
My Lords, I thank those noble Lords who have spoken in this short and important debate. The noble Earl, Lord Attlee, has considerable experience in speaking on firearms matters in the House. To hear him say, “What is there not to like about this Bill?”, is very reassuring. The noble Lord, Lord Browne of Ladyton, obviously has considerable experience too in wider defence matters, but to hear him say that this would obviously help with the control of weapons and to have his endorsement is most encouraging.
The noble Lord, Lord Ponsonby, will know that amendments were laid at the other end that were withdrawn. It is very comforting to feel that there is support from his side of the House on this as well. I am very grateful to him for that.
Lastly, I say to my noble friend the Minister that there has been strong reference to the nature of 3D production of weapons. We should be mindful of that going forward. To finish on that note, I hope that out of this Bill we will perhaps find that there are mechanisms that will be able to prevent 3D manufacture.
Lastly, as a one-time special constable in the police myself, I know how much the police will be grateful for the fact that your Lordships are paying very close attention to this Bill.
Firearms Bill
Tuesday 12th September 2023
(1 year, 1 month ago)
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Lord Colgrain (Con)
My Lords, I understand that no amendments have been set down to this Bill and that no noble Lord has indicated a wish to move a manuscript amendment or to speak in Committee. Unless, therefore, any noble Lord objects, I beg to move that the order of commitment be discharged.
Firearms Bill
Monday 18th September 2023
(1 year, 1 month ago)
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Lord Colgrain (Con)
My Lords, if your Lordships should pass the Bill today, it will not go back to the Commons but will go straight to His Majesty the King for Royal Assent.
I will be most brief in summarising its contents. It is in two parts. The first will require any person who operates a miniature rifle range to have been granted a firearms certificate by the police—that is not the situation hitherto. It will also restrict the gauge of rifle used to .22 rimfire. The second relates to the composition of ammunition. A round of ammunition comprises four constituent parts, only two of which are governed by current legislation, so the Bill will regulate for the two which are currently omitted. That means that the police will be better able to prosecute cases where criminals are manufacturing ammunition where intent is shown.
I am very grateful to the Government, my noble friend the Minister and all noble Lords from all parties who have, to date, provided cross-party support for the Bill. I especially thank Shaun Bailey MP, who introduced the Bill in the other place, and all those who have been involved in bringing the Bill through the parliamentary process to this point.
Lord Ponsonby of Shulbrede (Lab)
My Lords, I congratulate the noble Lord, Lord Colgrain, on piloting the Bill through this House.
In the House of Commons, the Labour Party moved three amendments, and at the time the Minister said that, given the narrow scope of the Bill, it was not the right place to move them. Nevertheless, I will repeat the three points raised. The first amendment was that social media should be taken into account when considering whether to issue a firearms licence. The second was that family members of a certificate holder who is an operator of a firearms range or shooting gallery should be issued certificates only after they are interviewed as part of a household application process. The third was that any regulations relating to fees or licensing under Section 11 of the Act relating to miniature rifle ranges must require payment equal to the expected cost of issuing the licence. I understand the answer given in the other place to those three amendments, but I ask that the department keeps these issues in mind as the Bill turns to an Act and when any subsequent amendments are considered in the future.
The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)
My Lords, I am grateful to my noble friend Lord Colgrain for taking his Private Member’s Bill through the House. I welcome the support the Bill has received in this House and the other place; it has received cross-party support from the outset and the Government have wholeheartedly supported it.
The Bill is about addressing two vulnerabilities identified in the existing firearms licensing controls, as my noble friend explained. We are committed to taking action on both issues, following a public consultation conducted on a number of firearms safety issues in late 2020 and early 2021. Both measures received support in that consultation. It was widely acknowledged—by those representing shooting interests, as well as by those who wish to see tightener firearms controls more generally—that these changes will help to strengthen our firearms controls. The Bill will make a valuable contribution to firearms legislation, while making sure that those who wish to continue to engage legitimately in firearms activities can continue to do so, whether that involves target shooting at clubs or activity centres, the legitimate home loading of ammunition or other lawful activities.
I reiterate my thanks to my noble friend Lord Colgrain for bringing his Private Member’s Bill before the House. I join him in also thanking Shaun Bailey MP for initiating the Bill in the other place. I hope to see the Bill receive Royal Assent, as I believe that it will have a significant impact in strengthening our firearms controls still further. I of course commit to the noble Lord, Lord Ponsonby, that I will take his remarks back to the department and ensure that his views are kept under review. For now, the Government are in full support of the Bill and the important changes that it will bring.
Royal Assent
Monday 18th September 2023
(1 year, 1 month ago)
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