Draft Antique Firearms (Amendment) Regulations 2021
(2 years, 12 months ago)
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The Chair
I am required by the House of Commons Commission to remind colleagues that you should wear masks, if at all possible, and maintain social distancing, but of course it is a matter for your own discretion whether you do so.
The Minister for Crime and Policing (Kit Malthouse)
I beg to move,
That the Committee has considered the draft Antique Firearms (Amendment) Regulations 2021.
The draft regulations were laid before the House on 14 September. Members will recall that the House debated the Antique Firearms Regulations 2021 on 14 December 2020. The regulations introduced the statutory definition of “antique firearm” to prevent criminals exploiting a lack of legal clarity to gain possession of old but functioning firearms for use in crime. The regulations came into effect on 22 March this year and were based closely on long-standing Home Office guidance. The regulations now define in law which firearms may safely be regarded as antique, and therefore exempt from control, and those that should be subject to licensing.
In light of concerns expressed by law enforcement, the new definition does not include seven types of cartridge that, together with their associated firearms, have featured most often in crimes involving antique firearms. Those particular firearms are therefore no longer regarded as antique. However, owners were able to retain them on a firearms certificate. A six-month transition period was included in the relevant commencement regulations to allow owners to licence, sell or otherwise lawfully dispose of their firearms. That transition period ended on 22 September.
During the transition period, however, it was brought to our attention that a category of cartridge that had previously been included in the Home Office guidance on antique firearms had been inadvertently omitted from the regulations. The cartridges are for vintage rifles, punt-guns and shotguns with bores greater than a 10 gauge. Members may recall that the regulations are unusually technical and lengthy. They list more than 450 old cartridge types and went through checks before being laid. Regrettably, however, the omission was not picked up.
Unless we correct the error, owners of the omitted firearms would have to obtain a licence for them, incurring unnecessary inconvenience and expense, with no benefit to public safety. Since antique firearms are not licensed, it is not known exactly how many firearms might be affected by the omission, but I understand that potentially 200 or 300 might be owned by perhaps 100 collectors. They are also the sort of old firearms that might be displayed on the walls of pubs or hotels, as I am sure many Members can attest.
The draft Antique Firearms (Amendment) Regulations 2021 will add that category of cartridges to the list in the schedule to the Antique Firearms Regulations 2021, as was always intended. In the meantime, I have made the Policing and Crime Act 2017 (Commencement No. 11 and Transitional Provisions) Regulations 2021, which extend the transition period in respect of the omitted firearms until 22 January 2022, to ensure that owners remain in lawful possession while the draft amendment regulations before us are considered by Parliament and, I hope, approved and brought into effect.
Although the owners of those firearms will not require a firearms certificate once the omission has been corrected, the way in which the transitional provisions were drafted in the commencement regulations means that owners should still lodge an application for a certificate with their local police force before the end of the extended transition period, otherwise they could technically commit an historical offence of unlawful possession. That is because owners who choose to retain their firearms may only benefit from the transitional provisions, including the temporary disapplication of unlawful possession offences, if they have applied for a certificate before the end of the transition period.
The Home Office has issued advice on the Government website to make owners aware of the omission and of the need to apply for a firearms certificate before 22 January next year. The National Police Chiefs’ Council lead for firearms licensing has suggested to police forces that they simply hold on to any applications they receive and cancel them once the draft regulations come into effect. That will avoid owners having to pay unnecessary fees and avoid nugatory work for police forces.
I apologise to Members and to the House for the omission. The 2021 regulations have been checked by officials and external stakeholders for further omissions and errors. As a result, the draft regulations will also make a number of minor and typographical corrections to descriptions of other cartridges specified in the 2021 regulations. None of those additional corrections represents any significant flaw, but it is worth making them now to ensure that the 2021 regulations are completely accurate. I commend the draft regulations to the Committee.
Conor McGinn (St Helens North) (Lab)
Mr Gray, it is a pleasure to serve under your chairmanship, particularly because, as a senior Member of the House, you have always given me great encouragement since my election in 2015. I know we have a shared interest in defence and the armed forces, so it is appropriate, in some respects, that you are chairing this afternoon’s Committee.
First, as the Minister would expect, Labour does not oppose these largely technical regulations. However, I do have a few questions for him. He will know that our priority, like his, is to protect the public, so we strongly support the need for firearms legislation to be robust, clear and kept under constant review so—as in this case—it can adequately respond to any loopholes or challenges. Critical to that is reducing the number of dangerous weapons on our streets—no matter what the danger is—so we of course support the principal aim of these regulations.
More specifically, the draft regulations before us work to correct an error in the more substantial ones approved by Parliament back in January, as the Minister said, in which a certain category of cartridge had been omitted. I understand that our law enforcement and the heritage firearms owning community welcome this clarification, and I appreciate the Minister’s apology and explanation. The mistake was largely a technical one in a list of over 450 cartridges. However, as well as checking, can the Minister assure the Committee that additional procedural safeguards are now in place to prevent any similar errors happening again—perhaps in more serious situations, such as during firearm list reviews or updates?
Antique firearms found in the wrong hands are a serious part of violent crime. They have caused many fatalities, and we have recently seen a rise in the number of such weapons retrieved from crime scenes. What further steps can the Minister take to monitor the firearms still able to be possessed without a licence, so they are not deemed a violent risk?
On the need to inform those antique firearms owners affected by this oversight of the need to apply for a certificate with local police forces before January 2022, can he say when he hopes to issue the advice? I hope it will be soon, because people will need to plan.
Finally, I take the opportunity to say that we welcome the changes the Minister announced last week on the new statutory guidance to chief police officers on firearms licensing coming into force, particularly the requirement for information to be provided about relevant medical conditions, including mental health conditions, as well as the requirements that applicants may be subject to open-source social media checks as part of the process. I know it has only been a week, so not even I would ask the Minister to update us on its early implementation, but I am sure he will commit to doing that in due course. Will he perhaps comment on how regularly that guidance will be kept under review by the Home Office, alongside law enforcement and other key partners?
To conclude, the Opposition support these regulations. Our priority—a shared priority, I think—is to keep people safe, and we are happy to find common ground with the Government on occasions like this to do just that.
Steven Bonnar (Coatbridge, Chryston and Bellshill) (SNP)
It is a pleasure to serve under your chairmanship, Mr Gray. From the outset, I welcome the apology from the Minister, at least in relation to the omission from the previous legislation. We take that in the faith it has been given. The Scottish Government, of course, welcome the new legislation on antique firearm regulation under the Firearms Act 1968.
Two decades ago, the UK witnesses its worst incident of gun-related violence, which prompted the Government to enact the Firearms (Amendment) (No. 2) Act 1997. That, of course, stopped Britain from heading down an American-style route of gun ownership and availability.
In Scotland, we again went one step further by introducing the Air Weapons and Licensing (Scotland) Act 2015, which makes it a criminal offence to have any air weapon without a licence or permit, and can see perpetrators fined or facing up to two years in prison. The tightening of those gun laws in Scotland has undoubtedly made Scotland a safer place for us all to live.
Public safety is and should be paramount for this Government and any Government, and we must question whether they are doing all they can to protect communities from gun crime. The role of police officers keeps expanding, yet numbers of police on the beat are reducing. Has enough thought been paid to whether police forces are getting the resources they require to process extra gun licences?
An individual may not possess, purchase or acquire a shotgun or rifle without a shotgun or rifle firearms certificate. The application process requires an applicant to provide personal information including medical data and contact information for their general practitioner. An applicant must detail their firearm storage arrangements, which are subject to inspection. The applicant must also justify possessing a shotgun or rifle and provide two character references.
The Scottish Government are always hard at work looking for new ways to protect public safety. That is why we introduced tougher measures on air gun control, as I said. In England, a firearms certificate is not required to possess or purchase an air gun. We therefore call on the Government to set their sights further on air gun control—
The Chair
Order. I am afraid that the hon. Gentleman is deviating substantially away from the statutory instrument that we are considering, which is a very narrowly defined correction to a previous instrument. He might like to return to the actual matter under discussion.
Steven Bonnar
I take your points on board, Mr Gray. The UK Government’s approach to reducing violent crime and knife crime has been inadequate, and that is important to what we are saying—
The Chair
Order. The statutory instrument that we are considering is on a particular matter to do with the size of cartridges and a previously made error. Matters relating to knife crime, as mentioned by the hon. Gentleman, and others are important; none the less, they are not remotely in order. He might like to return to the statutory instrument that we are considering.
Steven Bonnar
I believe that they are in order in terms of the pressures on police, but I will move on, Mr Gray.
Finally, has the Home Office made any assessment of the potential merits of mandating that a person in possession of an antique firearm hold a certificate of technical obsolescence or proof of the firearm’s irreversibility?
Kit Malthouse
First, on procedural safeguards to prevent a similar error, I think it is safe to say that this has been a chastening experience for all of us, and not least the brilliant firearms team who are technically adept in normal circumstances. I assure the hon. Member for St Helens North that they take such things seriously and I am hopeful that there will not be a reoccurrence.
The hon. Member for Coatbridge, Chryston and Bellshill asked about monitoring the use of antique firearms in crime. The National Ballistics Intelligence Service, based in the west midlands, monitors the use of firearms across the piece and looks for patterns of behaviour. It saw a rise in the use of antique firearms between 2008 and 2016, with 95 uses in 2016, and recoveries have decreased slightly. It also looks at fatalities in particular—I think there have been six since 2006 due to such firearms—and, critically, monitors the types of firearms used to look for patterns. I visited the service pre-covid and, even though I am a shotgun certificate holder—I declare an interest on that—I was surprised at the type of firearms that had previously been agreed to be antique. Some were quite muscular and capable in their intent, should anyone wish to use them in such a way.
Given the requirement to apply for a licence, I understand that we have already issued advice for there to be an application for a licence—at least before 22 January—highlighting the omission to collectors and owners of such items in the hope that, as the regulations come into force, such licence applications can broadly be torn up.
On the extremely important point about updates on implementation, an annual review will take into account all the intelligence that we have, and there will also be a full review of the guidelines every three years. That is not to say that we will not necessarily learn lessons in between. Following the terrible tragedy in Keyham, we issued guidance in advance about lessons that may be learned from those investigations and inquiries. If there are such lessons to be learned, we will have to issue interim guidance to police forces in particular.
On the wider point about implementation made by the hon. Member for St Helens North, the police have been in possession of the new guidelines for some weeks in the hope that they can operationalise them quickly. I will be more than happy to report back to the House in the future on the bedding in of the regulations and how they are working. With that, I am grateful to you, Mr Gray, for your charming presiding over our affairs, and I hope that the Committee will agree to the motion.
Question put and agreed to.
Draft Conformity Assessment (Mutual Recognition Agreements) (Construction Products) (Amendment) Regulations 2021
(2 years, 12 months ago)
General CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Chair
I am required by Mr Speaker to read out the following advice: I remind Members that they are expected to wear face coverings and to maintain distancing as far as possible, in line with Government guidance and that of the House of Commons Commission. Please give each other and members of staff space when seated and when entering and leaving the room. I remind Members that they are asked by the House to have a covid lateral flow test twice a week if coming on to the parliamentary estate. That may be done at the testing centre on the estate or at home. Members should send their speaking notes by email to hansardnotes@parliament.uk. Similarly, officials in the Public Gallery should communicate electronically with Ministers.
The Minister for Housing (Christopher Pincher)
I beg to move,
That the Committee has considered the draft Conformity Assessment (Mutual Recognition Agreements) (Construction Products) (Amendment) Regulations 2021.
Welcome to the Chair, Mr Hollobone. It is a pleasure to serve under your chairmanship. The draft regulations make a simple amendment to the Conformity Assessment (Mutual Recognition Agreements) and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations 2021 in order to cite the construction products regulations as a specified regulation within that legislation.
Let me begin by providing some context and background to the draft regulations. The European Union’s construction products regulation of 2011 became retained law and formed part of the UK’s legal system under the withdrawal agreement. The Construction Products (Amendment etc.) (EU Exit) Regulations 2019, as amended by the Construction Products (Amendment etc.) (EU Exit) Regulations 2020, amended the 2011 regulation to ensure that the provisions would have practical application in Great Britain, introducing provisions such as the UKCA —UK conformity assessed—mark and UK designated standards. That regime, the UK CPR, came into force on 1 January 2021.
The UK CPR specifies which conformity assessment bodies are recognised to carry out conformity assessment procedures for construction products covered by UK designated standards. Currently, conformity assessment bodies, known as UK approved bodies, must be located in the United Kingdom. On 1 April this year, the United Kingdom-Canada trade continuity agreement came into force. That incorporated the EU-Canada comprehensive economic and trade agreement—CETA—and the protocol on conformity assessment. Under the protocol, the United Kingdom is required, among other things, to recognise or to accept a conformity assessment procedure or result issued by a mutual recognition agreement body.
Under the trade agreement, Canadian conformity assessment bodies are able to assess construction products against United Kingdom designated standards, and vice versa. The 2021 regulations provide for the UK to recognise and accept a conformity assessment procedure or result issued by a Canadian conformity assessment body for the specified regulations.
The UK CPR is not yet included as a specified regulation in the 2021 regulations, which came into force on 19 June this year. Including the UK CPR as a specified regulation will enact the provisions of the UK-Canada trade continuity agreement. That will mean that, should a Canadian conformity assessment body seek accreditation to assess construction products against our designated standards, the Canadian-assessed product can be recognised on the market in the United Kingdom.
The effect of making this amendment can be considered in two parts. First, the draft regulations ensure that, pursuant to the UK-Canada trade continuity agreement, we recognise and accept a conformity assessment procedure or result issued by a Canadian conformity assessment body that has carried out the assessment of a construction product against UK CPR requirements. The effect of that is that a conformity assessment procedure undertaken by a Canadian conformity assessment body against our designated standards will be treated as if it were performed by a United Kingdom approved body, enabling Canadian-assessed UKCA-marked products to be placed on the market in Great Britain.
Secondly, the draft regulations enable the Secretary of State to assign an identification number and include in any register a Canadian conformity assessment body carrying out an assessment in relation to our CPR, and to include a Canadian accreditation body in a register of those bodies. As a result, manufacturers will easily be able to find and use a Canadian-based CAB that is accredited to undertake conformity assessment procedures against our designated standards prior to export to the United Kingdom.
The draft regulations are necessary to ensure that we remove a technical barrier to trade between our two countries and meet our obligations in the trade continuity agreement, which has already come into force. It is a small and technical measure, and I trust that it will not be a barrier to agreement in this Committee.
The Chair
Members will be delighted to know that the regulations can be debated until 7.30 pm.
Mike Amesbury (Weaver Vale) (Lab)
It is a pleasure to serve under your chairmanship once again, Mr Hollobone. I am grateful to the Minister for outlining the use of this statutory instrument, which is a technical amendment to the 2021 regulations on mutual recognition agreements. Conformity assessment ensures that what comes to market in Great Britain complies with regulations and meets specified expectations. The organisations that provide conformity assessments, testing, inspection and certification are called conformity assessment bodies, as the Minister outlined. Building on the 2021 conformity assessment regulations that were introduced earlier this year, this statutory instrument amends regulations to recognise conformity assessments for construction products issued by a Canadian conformity assessment body, providing a continuation of the arrangements that exist between the European Union and Canada, and ensuring that we comply with the UK-Canada trade continuity agreement.
I have a couple of questions for the Minister. The statutory instrument is not contentious—Her Majesty’s Official Opposition support this technical amendment—but I would be interested in his comments on its interplay with the Building Safety Bill, which will obviously improve standards. Things that have been happening across the globe—with shipping, and undoubtedly with Brexit as well—have had a significant impact on the cost of construction products. If the Minister does not have an immediate answer, I would welcome written assessment of the impact on building safety remediation, and the cost.
Christopher Pincher
I am obliged to the hon. Gentleman for his support for these very simple and straightforward draft regulations. He asks a specific question about the interplay between the draft regulations and the Building Safety Bill. By way of parenthesis, I remind the Committee that the Government are spending a significant amount of taxpayers’ money on the remediation of high-rise buildings and buildings that are in scope that need to have dangerous cladding removed from them. The Bill will also introduce a building safety regulator and a national construction products regulator. It is for the national construction products regulator to ensure that the sorts of goods that may be used in the construction of buildings are properly assessed, and that materials and products that are of critical use meet a higher and defined standard. Through the Bill, those standards will be defined. Working with the national regulator, once it is in place, we will be able to properly police the regime.
We will, of course, want to ensure that any assessment of goods that are introduced to Great Britain from foreign places meets those high standards. That is one of the reasons why the mechanism of accreditation is being put in place—so that bodies, in this case in Canada, understand our assessment requirements. It will ensure that those bodies are also properly assessed and signed off by the Canadian assessment organisation, the name of which momentarily escapes me. If I do not remember it by the time I have completed my remarks, I will write to the hon. Gentleman to confirm it.
By having the draft regulations in place, we will properly accredit those organisations abroad that can assess our regulations, and they will be required to assess our regulations to the standards that we have set—including those set by the national construction products regulator. I hope that that answers the hon. Gentleman’s questions, and I commend the draft regulations to the Committee.
Question put and agreed to.