Offensive Weapons Bill

Lord Hanson of Flint Excerpts

2nd reading: House of Commons & Money resolution: House of Commons
Wednesday 27th June 2018 Commons Chamber

[Sajid Javid]

The Bill does not focus on drugs, but my hon. Friend has made an important point. It is clear from the evidence that we have seen at the Home Office that changes in the drugs market are a major factor in the rise in serious violence, not just in the UK but in other European countries and the United States. We want to take a closer look at the issue to establish whether more work can be done on it.

The Bill covers three main areas: acid attacks, knife crime, and the risks posed by firearms. We have consulted widely on these measures, and have worked closely with the police and others to ensure that we are giving them the powers that they need. The measures on corrosives will stop young people getting hold of particularly dangerous acids, the measures on online knife sales will stop young people getting hold of knives online, and the measures on the possession of offensive weapons will give the police the powers that they need to act when people are in possession of flick knives, zombie knives, and other particularly dangerous knives that have absolutely no place in our homes and communities. I believe that the Bill strengthens the law where that is most needed, and gives the police the tools that they need to protect the public.

[David Hanson (Delyn) (Lab)]

I support the Bill—I do not want the Home Secretary to think otherwise—but may I make a point about clause 1? When it comes to refusing to sell goods to individuals, it is shop staff who will be on the front line, and it is shop staff who may be attacked or threatened as a result. Would the Home Secretary consider introducing, in Committee, an aggravated offence of attacks on shop staff? They, like everyone else, deserve freedom from fear.

[Sajid Javid]

I welcome the right hon. Gentleman’s support for the Bill. As he will understand, we want to restrict sales of these items in order to prevent them from falling into the wrong hands, but he has made an interesting point about those who may feel that they are under some threat, particularly from the kind of people who would try to buy knives of this type in the first place. If he will allow me, I will go away and think a bit more about what he has said.

--- Later in debate ---

[Louise Haigh]

I heartily recommend that the hon. Lady reads the Home Office’s own analysis, which suggests that cuts to neighbourhood policing and early intervention have played a part in the rise of serious violence, but of course I accept that some excellent work is going on throughout the country. That is exactly the point I am making: we need a proper evidence-based analysis of that work to make sure that we roll out the successful pilots.

Let me turn to the possession and sale of corrosives. We welcome the move to clarify the law. In March, the Sentencing Council explicitly listed acid as a potentially dangerous weapon, but it is welcome that that is made clear in the legislation. Nevertheless, concerns remain about the lack of controls on reportable substances. We welcome the passing of secondary legislation to designate sulphuric acid as a reportable substance, but the time has come for a broader look at the two classes of poisons to determine which are causing harm and should therefore be subject to stricter controls.

The purpose of the legislation prior to the Deregulation Act 2015 was to allow the sale of commonly used products while protecting the individual from their inherent dangers. The sale of such poisons as hydrochloric, ammonia, hydrofluoric, nitric and phosphoric acids was restricted to retail pharmacies and to businesses whose premises were on local authorities’ lists of sellers. That situation was not perfect, but in considering reform we should note that the Poisons Board preferred a third option, between the previous system and what we have today, which would have designated as regulated all poisons listed as reportable substances, meaning that they could be sold only in registered pharmacies, with buyers required to enter their details.

The Government have conceded the point that some acids that are currently on open sale are dangerous and so should not be sold to under-18s. Schedule 1 lists hydrochloric acid and ammonia as two such examples, but we know that only one in five acid attacks are conducted by under-18s. That means that four in five attackers will be free to purchase reportable substances despite the clear evidence of harm. Of the 408 reported acid attacks, ammonia was used in 69 incidents. In the light of that, will the Government conduct a full review of the designation of reportable substances and bring forward regulations to re-designate those causing clear harm?

We note that the Government have failed to extend to corrosive substances the specific provisions on the possession of knives in schools. There can surely be no justification, beyond a reasonable defence, for the possession of corrosive substances on a school premises. If we are to send a message that the possession of corrosive substances will be treated with the same seriousness as the possession of knives, it should follow that the provisions that apply in respect of knives in schools are extended to acid.

On knife possession, the measures on remote sales and residential premises are important, but a cursory internet search demonstrates the easy availability of a wide range of weapons that are terrifying in their familiarity: knives disguised as credit cards and as bracelets; weapons designed with the explicit purpose to harm and to conceal. With the increasing use of such weapons and the widespread use of machetes in certain parts of the country, we wish to explore with the Government what further action can be taken to bear down on such pernicious weapons, and how apps and platforms on which such weapons are made readily available can be held to account.

As the Bill is considered in Committee, we wish to explore the concerns, mentioned by my right hon. Friend the Member for Delyn (David Hanson) earlier, of retailers and the Union of Shop, Distributive and Allied Workers about the offences imposed on retailers.

[David Hanson]

As the chair of the USDAW group of MPs—I declare that interest—I welcome that commitment. I was greatly encouraged by the fact that the Home Secretary said that he will look into this issue. I hope that we can consider it on a cross-party basis to ensure that shop workers are free from fear and that regulations can be put in place to make sure that we defend those who will have to defend the Bill’s provisions on the frontline, in shops.

[Louise Haigh]

My right hon. Friend is a long-standing campaigner for the rights of shop workers and I echo his point about hoping that we can do this on a cross-party basis.

Concerns remain about the open sale of knives in smaller retail stores, which is an issue raised by my hon. Friend the Member for Lewisham, Deptford (Vicky Foxcroft). Many of the larger stores have taken steps to secure knives in cabinets, but the fact that it is far too easy to steal knives from smaller stores renders much of the control of knife sales ineffective.

It was surprising to see that higher education institutions have been omitted from the extension of possession offences, given that they were considered in the consultation earlier this year. The justification that the Government gave for the proposal then was, I think, right, so I am interested to hear why higher education institutions have been omitted from the Bill.

On firearms, the laws in the UK are among the toughest in the world, but there is concern that restricted supply might be leading to the repurposing of obsolete firearms, meaning that law enforcement must be alive to the changing nature of firearms use. There has been a significant rise in the use of antique guns that have been repurposed to commit serious crime: 30% of the guns used in crime in 2015-16 were of obsolete calibre. The repurposing of handguns designed to fire gas canisters, and of imitation weapons, has grown in the past 10 years. We intend to press the Government on whether the laws surrounding decommissioned firearms, which are not subject to the Firearms Act 1968, need to be strengthened. The availability of firearms has been shown to be increasing through the legal-to-illegal route, so we very much support the Government’s proposals.