Firearms Controls

Debate between Lord Hanson of Flint and Geoffrey Clifton-Brown

Tuesday 3rd September 2013 Westminster Hall

[Mr Hanson]

I am grateful to the hon. Gentleman for that important point, which we need to reflect on. However, other domestic violence deaths occur because of the use of the body—the hands—or of day-to-day items around the house, such as knives. We cannot control or legislate for such potential activity, but we can reduce the risk posed by access to shotguns, which are not day-to-day items readily available around the house, where there is substantiated evidence that people—this is not about all the hon. Gentleman’s constituents or all my constituents—are guilty of violent conduct, domestic violence, or drug or alcohol abuse. That, in a sense, is what the guidance said previously, and it is what the revised guidance, announced at the end of July and issued by the Minister, is trying to do.

The discussion we had in the Committee considering the Anti-social Behaviour, Crime and Policing Bill, and the discussion we are having today, is about whether we could back up that guidance with the rigour of legislation. That would reduce the ability of the courts to make a determination about the judgment of the police. ACPO has made representations to me, saying that police forces refused an application for a firearm licence on three separate occasions, but, despite the deputy chief constable or the chief constable appearing in court to defend the decision, the courts upheld the appeal because there were not sufficient legal grounds to refuse the individual’s application.

If we look at the wording of my new clause 4 to the Anti-social Behaviour, Crime and Policing Bill, which will be debated in October—[Interruption.] I hope the hon. Member for North Herefordshire will examine it with interest. Let me tell him, however, that I doubt it is perfect; I do not have the great back-up of the Home Office, as I once did when I held ministerial office. However, the Minister does, and he could reflect on the principle of new clause 4 over the next few weeks before Report to see whether legislative back-up of the guidance is practicable and deliverable. That would at least ensure that we had a black-and-white judgment, rather than a judgment based on a court interpretation.

Members do not need to listen to me, although I hope they will. They could, however, listen to the Independent Police Complaints Authority. Having looked at my hon. Friend’s constituency case, it said in its first recommendation:

“The Home Office should revise the current legislation and guidance to allow for a single uniform test for the assessment of suitability and fitness to possess both firearms and shotguns. ‘Fitness to be entrusted’ should form a specific element of the shotgun application process to ensure clarity and consistency around both applications.”

The word “legislation” was included by the IPCC. In finding 3 of the report it said:

“The Home Office, Association of Chief Police Officers (ACPO) and the College of Policing should devise clear guidance and tighter restrictions around applications for firearms or shotgun certificates”.

I venture to suggest that the guidance element has been examined, but will the Minister confirm that to date the IPCC’s legislation recommendation has not been met?

[Geoffrey Clifton-Brown]

The right hon. Gentleman has just made my case. He has read out two paragraphs from the report. One asks for legislation about a person’s fitness to hold a shotgun or firearms licence. I do not know quite how legislation about someone who has been involved in a domestic incident would be framed, or the exact nature of the incident that would contribute to someone’s not being a fit person to hold a firearms licence.

Secondly, the right hon. Gentleman referred to guidance. It is much easier to frame such matters in guidance. Before he rushes to call for extra legislation, does he know how many times, in other force areas, someone who has been involved in a serious incident of domestic violence has not had his licence revoked?

[Mr Hanson]

The IPCC also said in its report that the legislation should be devised in particular to

“take account of bind-overs, arrests and police call outs for domestic violence and an accumulation of convictions for offences where the penalty falls short of that requiring prohibition”.

That means that if someone has a history of a range of matters to do with domestic violence, but has not yet fallen foul of the guidance so as to prevent their having a shotgun licence, that should be sufficient in legislation to ensure that the guidance is tighter. That should be backed up by strong legislation, and we have attempted to draft such legislation in new clause 4 to the Anti-social Behaviour, Crime and Policing Bill. I sense a difference between my view and that of the hon. Member for The Cotswolds. That is the nature of our debates, but our intention is to put to the Minister, in the measured way of my hon. Friend the Member for Easington, suggestions for helping to reduce such incidents.

My hon. Friend mentioned the issue of full cost recovery for shotgun and other firearms licences. There was a nugget in the remarks of the hon. Member for The Cotswolds, about improving the licensing procedure, that sparked some interest in me. It may come as a surprise to hon. Members that only this year ACPO gave the net cost to police forces of shotgun licences as £18.6 million. The debate has focused primarily on domestic violence, but the Minister needs to reflect on what he will do to ensure that we deal with the current costs.

I will give three examples. North Wales police spent more than £417,000 on issuing licences, but recouped only £113,000 in licence fees, which means that taxpayers in my constituency faced a net cost of £303,000 for supporting the issuing of police licences. In Devon and Cornwall, a £1.2 million total cost generated only £514,000 in revenue. In Thames Valley, £928,000 of cost generated only £148,000, leaving a net cost to the local ratepayers of £780,000.

At a time when we are potentially asking more of the police in relation to shotgun licensing, with legislation at hand, this is an appropriate moment for the Minister to reflect on the cost of licences, and whether taxpayers and ratepayers should continue to subsidise people who apply for them to the tune of £18.6 million this year. The figure is worthy of examination. ACPO has said it would like the fee for a shotgun licence to rise to about £94. That would not mean full recovery of costs, but given that the figure for a licence has not changed in 10 years, there is scope for the Minister to reflect on the matter, or to explain why he is happy for £18.6 million of ratepayers’ money to be taken from police budgets to support the cost of issuing licences to be used for work or sport.

I have touched on only two points, but there is a strong case for the Government and Parliament to consider tightening legislation, to ensure that what happened to Susan McGoldrick, Alison Turnbull and Tanya Turnbull does not happen again, to give the police extra support to work positively on the issue, and at the very least to begin examining the issue of recovering the cost of gun licences. That cost is already a considerable one for the 43 forces, which are hard-pressed by what are, by any stretch of the imagination, severe cuts in their grants.

I look forward to hearing the Minister’s reply, and thank my hon. Friend the Member for Easington and other hon. Members for their thoughtful speeches. The Committee on the Anti-social Behaviour, Crime and Policing Bill will consider new clause 4 after the September recess.