Offensive Weapons Bill

Debate between Baroness Barran and Lord Singh of Wimbledon

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 30th January 2019 Grand Committee

[Lord Singh of Wimbledon]

Could I just correct that to the Network of Sikh Organisations, not the Sikh Council?

[Baroness Barran]

I thank the noble Lord for the correction. The spirit of my comment is that we will respect whoever he feels it is appropriate for the Minister and me to meet. I also thank him for his very helpful introduction, which gave us a sense of the historical context of the discrimination that Sikhs have faced over the years, despite their values, which he outlined for us. I thank also my noble friend Lady Verma for her explanation of the importance of the kirpan to the cultural identity of the Sikh community.

While I have great sympathy for the issue raised by noble Lords, a key difficulty with this amendment is how to define a kirpan in legislation in a way that does not open up a glaring loophole that could be readily exploited. A kirpan is only a kirpan in relation to Sikh culture and faith, otherwise it is simply a knife or a sword. In our discussions with the Sikh community, it was made clear that there is no such thing as a standard kirpan. They can come in all forms: some have curved blades and some do not; some have long blades, while others have short blades. The fundamental problem with the noble Lord’s amendment is that it depends on a legally sound definition of a kirpan which until now simply does not exist. The only thing that distinguishes a kirpan from other swords and knives is its use for religious purposes.

Under Section 139 of the Criminal Justice Act 1988 it is already a defence to possess a bladed article, including a kirpan, in a public place with good reason or lawful authority. The legislation is clear that good reason includes religious reasons. Similarly, Section 139A of the 1988 Act, which prohibits possession of a bladed article or offensive weapon on school premises, includes a good reason defence which again includes religious reasons. As the noble Lord is aware, Clause 25 amends the Criminal Justice Act (Offensive Weapons) Order 1988 to provide a religious reasons defence for the possession in private of weapons covered by Section 141 of the 1988 Act, which can include large ceremonial kirpans where they have a curved blade of more than 50 centimetres.

The possession of kirpans for religious reasons is therefore covered under all of the possession offences. In addition to religious reasons, the offences include other defences—for example, for re-enactment activities and sporting purposes, as was mentioned by the noble Lord, and for items of historic importance—but these are not just aimed at kirpans.

Finally, we should be clear that when a kirpan is possessed for non-religious reasons it should be treated like any other bladed article. Crime is unfortunately committed by all parts of our society including, sadly, the Sikh community. Just because something is claimed to be a kirpan does not mean it cannot be used as a weapon, and it is quite right, for example, that the police might want to question why someone is carrying a ceremonial kirpan at three in the morning if they are hanging around a former partner’s home. Clearly Sikhs should be able to own and carry kirpans in public and use them in Sikh martial arts where this is part of their faith. The law already provides for that.

[Baroness Barran]

I thank my noble friend for her helpful explanation. I hope we can explore these things in detail when we meet, before too long, I hope.

The Sikh Federation (UK) and the Sikh Council UK raised concerns via the All-Party Parliamentary Group on British Sikhs about the provisions.

[Lord Singh of Wimbledon]

I wish to put in context that the Sikh Federation (UK) is not a representative body of the Sikh community. Concerns have been raised by the Network of Sikh Organisations. They are trying to capitalise and muddy the waters. It would be helpful if the Government dealt with the Network of Sikh Organisations, which represents the vast part of the Sikh community.

[Baroness Barran]

I thank the noble Lord for his advice. As I mentioned earlier, the spirit of our meeting is that we will take his steer on who we should talk to about this. The point I raised simply reflected the fact that those organisations raised concerned with the All-Party Parliamentary Group on UK Sikhs about the provisions in the Bill.

[Lord Singh of Wimbledon]

The All-Party Parliamentary Group and the Sikh Federation are one and the same thing. They are exactly the same, and everyone knows it.

[Baroness Barran]

I thank the noble Lord for clarifying that point. Concerns were raised on the possession of long kirpans. As a result, the Government amended the Bill to include a defence for religious reasons rather than religious ceremonies, which is narrower. No concerns were raised in relation to any other provisions of the Criminal justice Act. Moreover, members of the Sikh community have been able to carry kirpans in public, including long kirpans, in religious parades—I am not sure whether that addresses my noble friend’s earlier point—and the Bill will not change that. I am therefore not persuaded that a wholesale exemption for kirpans from the provisions in the Criminal Justice Act 1988 is needed. I fully understand the importance the Sikh community attaches to this issue. Indeed, I understand it better thanks to the interventions of noble Lords. With the reassurance of a future meeting, I hope I have been able to persuade the noble Lord that we have the balance right and that he will be content to withdraw his amendment.