Metal Theft

Baroness Featherstone Excerpts

Tuesday 7th February 2012 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Lynne Featherstone)]

I congratulate the Backbench Business Committee on securing a debate on an issue that rightly concerns all of us. I congratulate the hon. Members for Hyndburn (Graham Jones), for Dudley South (Chris Kelly) and for Worcester (Mr Walker) on tabling the motion.

Metal theft is a crime that affects us all and strikes at the very heart of our communities. As we have heard from Members on both sides of the House, it is a dreadful crime. They have painted a thoroughly depressing picture of the mentality of those who would desecrate churches and commit theft—whole brass bands gone and a building having to be demolished because of the amount of metal taken from it. There were really horrible stories from every constituency.

The consequences are there for all to see, not least the loss and disruption to telecommunications, as every hon. Member mentioned—I am not going to go over everything that was said, as more than 22 contributions were made—as well as to electricity and transport networks, and the damage to our religious and heritage sites. There were horrific stories right across the country.

We are not prepared to stand by and see our infrastructure and heritage destroyed, which is why the Government are taking the problem of metal theft so seriously and taking action. We are clear that the only sustainable, long-term solution is legislation, but we are equally clear that legislation alone is not enough. That is why we propose a coherent package of measures to tackle metal theft. We want to cut out the easy, anonymous reward for metal thieves by banning cash payments for scrap metal and making it much harder for illegitimate dealers to trade in stolen metals by introducing a more rigorous licensing scheme, which many Members across the House have called for. We want to deter thieves and illegal metal dealers by introducing more focused and sustained enforcement and tougher penalties.

To those who say that the Government are not going far enough or fast enough, I say that we are going as fast as we possibly can. Metal theft is a horrific crime, and the Government are stepping forward to take action. Two weeks ago the Home Secretary announced to Parliament the legislative action we will take as part of our package of measures. We will increase the fines for all offences in the Scrap Metal Dealers Act 1964—the maximum fine will be unlimited—which will strengthen the deterrent and improve industry compliance with the current registration scheme. We will also create a new criminal offence in order to prohibit cash payments for the purchase of scrap metal. That has been welcomed on both sides of the House.

Prohibiting cash from an entire sector is a bold step, but cash transactions for scrap metal are often completed without any proof of personal identification or that the individual legitimately owns the goods being sold. This leads to anonymous transactions that create such a low risk for criminal activity that we have seen this epidemic across our country. Requiring transactions to be completed with traceable payments will dramatically improve the ability of the police and local authorities to enforce the existing registration scheme. The widespread use of cash, coupled with lax record keeping, also creates easy opportunities for tax avoidance. We will work constructively with the British Metals Recycling Association on how his measure will operate in practice.

The legislative changes to increase fines and ban cash payments will be made through Government amendments to the Legal Aid, Sentencing and Punishment of Offenders Bill. This is the quickest and most practical way that we can get these measures into law and crack down on metal theft. Members across the House have made it perfectly clear tonight that the House wants us to go further, but let me stress that we need realistic, achievable and effective legislative measures.

[Robert Flello]

Will the Minister give way?

[Lynne Featherstone]

I will not, as I am really short of time.

That is why we took the difficult decision not to support the private Member’s Bill proposed by the hon. Member for Hyndburn. It was not because we do not agree with the principles, but because unfortunately the Bill would not have received the necessary parliamentary time to achieve Royal Assent in this Session.

[Graham Jones]

Will the Minister give way?

[Lynne Featherstone]

I am sorry, but I really want to make some particular points. If I have a minute at the end I will give way. Members have been asking all evening for me to answer the points raised, and I intend to do so.

Strong legislation is absolutely vital, but it must be backed up by strong enforcement action from the police and other law enforcement agencies. We are working with the Association of Chief Police Officers, local police forces and the British Transport police to strengthen law enforcement activity. Recognising the damage that metal theft causes to our economy, the Government have committed £5 million of additional funding to establish a dedicated national metal theft task force. The taskforce will complement and expand existing enforcement activity not only by the police, but by a range of law enforcement agencies.

The message we are sending out is clear: metal thieves will have nowhere to hide. We have recently seen some significant sentences given to metal thieves, which I hope will continue. I welcome the recent announcement by Keir Starmer, the Director of Public Prosecutions, in which he instructed prosecutors to use every tool at their disposal to take a firm stand to convict metal thieves. I make it clear that we are in no way targeting the legitimate metal recycling industry, which does important work that is good for our economy and good for our environment.

Many Members on both sides of the House asked about a number of measures, and the Government believe that the measures that we have already announced will make a big difference, but we are open to new ideas and are already considering how we can further strengthen our approach to metal theft, including the proposals outlined in the motion.

We are considering, for example, how the existing registration scheme can be strengthened, with a robust licensing scheme for scrap metal dealers to replace the current registration scheme, and we agree that the existing scheme under the Scrap Metal Dealers Act is outdated and in need of improvement. The Home Office is already seeking to make such changes as soon as parliamentary time allows.

On greater police powers, which Members on both sides have asked for, we are keen to provide the police with sufficient powers, including entry and closure powers covering the scrap metal industry, to tackle metal theft offenders, and we are seeking clarity on whether we can include amendments to police powers of entry as part of wider measures in the Legal Aid, Sentencing and Punishment of Offenders Bill.

We want to regularise the position under the 1964 Act, whereby the police have the power to enter yards that are registered under the Act, because, as my hon. Friend the Member for Wyre Forest (Mark Garnier) said, their inability to go into unregistered yards is a real anomaly. In the meantime, the work of the dedicated metal theft task force, along with unlimited fines and the end of cash transactions, will tackle the problem until we can bring all those powers into being.

Any new scheme must support legal operators and promote the green economy, but it must also have the power to tackle scrap metal dealers who wilfully help the stolen metal trade, so we will consider further measures, listen to the outcome of the debate and see whether there is more we can practically do to stop metal theft. I shall now give way to the hon. Member for Hyndburn, but I hope that Members appreciate that they did ask for an answer to these questions, and I have been trying to give them one.

[Graham Jones]

I am grateful to the Minister for giving way, and I have just a simple and straightforward question. Will Government Front Benchers support the motion tonight?

[Lynne Featherstone]

Government Front Benchers will not oppose the motion tonight, and I am sure that hon. Members on both sides will support it.

We are strengthening the law, cracking down on rogue scrap dealers and targeting the criminals who supply them. That is the right way to tackle this devastating crime. That is what this Government are doing, and this Government are taking action. Nothing happened during the previous 13 years.