Offensive Weapons Bill

Debate between Earl of Erroll and Earl Attlee

Report: 2nd sitting (Hansard): House of Lords
Monday 4th March 2019 Lords Chamber

[Earl Attlee]

My Lords, the answer to the noble Earl’s question about the energy of the rifle is that there is a huge gap between the next lowest powered rifle and the .50 calibre rifle.

[The Earl of Erroll]

My Lords, people have spoken to me about this and, from what I understand, these weapons are only used now in international competition. If I am right, it would be sad if we were to lose our ability to take part in them. I cannot see what the problem is, given that these weapons have not been used in terrorist incidents. I also understand that it is hard to get hold of armour-piercing and dangerous ammunition, which is not used in international target competition. You have to find a terrorist source, effectively, to get that; a casual thief would not be able to handle it. The additional security proposed by the noble Earl, Lord Attlee, would be satisfactory and enable Britain to take part in international competition.

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[The Earl of Erroll]

My Lords, I support this amendment. I find it very sad that we wish to discriminate in legislation against people who cannot handle certain equipment in general—that is a general principle in life—and in this case rifles for competition. Some of them develop great skill. It gives them something to achieve and excel at. It is highly discriminatory and very sad that we have to discriminate against disabled because of a few concerns and an inability to think this through properly. I therefore support the amendment and really think we should put something like it through.

[Earl Attlee]

My Lords, I am sorry to disappoint my noble friend, especially in light of my success with the amendments that I will be moving formally a little later. I am afraid that these MARS and lever-action rifles are self-loading. The mechanism inside them works in exactly the same way as the automatic rifles that I used in Her Majesty’s service. I do not support these. I thought that we had banned them post Hungerford. At the time of Hungerford, I was surprised that you could privately own a self-loading rifle—a 7.62 military-specification rifle.

Going back to the point by the noble Lord, Lord Robertson, I did not realise that, post Dunblane, there was a so-called sporting discipline of combat shooting. Noble Lords will recall the noble Lord, Lord Howard, talking about those who don the trappings of combat. I was unhappy that people could do combat shooting—in other words, changing fire positions and, most importantly, changing magazines. That is the edge that the security forces have over a private person: they train to make sure that they do not pull the trigger and find that they have an empty magazine.

So I am afraid that I do not support retaining the civilian ownership of MARS or lever-action rifles. They are self-loading rifles, and I thought we had banned them a long time ago.

Offensive Weapons Bill

Debate between Earl of Erroll and Earl Attlee

Committee: 3rd sitting (Hansard): House of Lords
Wednesday 6th February 2019 Grand Committee

[Earl Attlee]

My Lords, I have tabled Amendments 80A to 80D in this group. If the noble Lord, Lord Kennedy of Southwark, had not tabled his Amendment 79 concerning .50 calibre rifles, he would have been best described as asleep at the wheel. I think the Committee will be grateful for the opportunity to discuss this matter and, hopefully, identify a solution. Other noble Lords have discussed the genesis of this matter. A .50 calibre rifle is clearly in a class of its own. However, I have some concerns about the quality of briefings given to Ministers and to Members of the House of Commons. It is therefore not surprising that the Government had to drop their provisions on .50 calibre rifles in the House of Commons.

While .50 calibre target rifles have some extraordinary characteristics, they are entirely dependent on the skill of the user. It is tempting to believe that all one has to do to hit the V-bull centre of the target is to line up the cross-hairs of a telescopic sight and squeeze the trigger. The reality is rather more complex. It is a great sport simply because it is so difficult, and therefore not surprising that target shooting is an Olympic sport. First, the rifle has to be held correctly and in exactly the same way for every shot. The shooter’s breathing has to be controlled perfectly. If I was trying to shoot at 1,000 yards I doubt that I could keep the cross-hairs on the target, let alone the bull. Trigger action is also all-important. For instance, snatching the trigger is the cause of a lot of inaccuracy. Frankly, due to the recoil, if I tried to fire a .50 calibre target rifle I would be terrified—a 7.62 target rifle is bad enough. For all these reasons, an applicant for a firearms certificate for a .50 calibre target rifle will not be successful unless considerable skill can be demonstrated with lighter but full-bore target rifles.

It is of course exceptionally unlikely that a terrorist would have the necessary skill to use a .50 calibre rifle in the way feared by some. My noble friend Lord Lucas said that these rifles had never been used in crime.

I do not have a philosophical objection to private ownership of a .50 calibre target rifle. However, two mischiefs remain. The first is that if one was stolen it could for a while give rise to major security concerns. This might result in certain events being cancelled. The second is this. I do not have the skill to use a .50 calibre rifle effectively. However, I have the skill to incorporate one into a remote-controlled weapon system and it would have none of the marksmanship weaknesses that I have. The good news is that it is very unusual for someone with this level of engineering skill to use it for such evil and illegal purposes. It is even less likely in the case of today’s radicalised terrorists, who usually have very limited skills.

In the UK, we suffer mercifully few disasters with legally held firearms. This is because we get the balance right. Ministers generally make the right decisions, taking into account advice from Home Office officials. There is one particular official who has done sterling work over many years and has briefed or worked with many of us in this Committee. I am sure that noble Lords know who I am talking about and we should be grateful for his efforts.

My Amendment 80A would build on my noble friend Lord Lucas’s Amendment 74 and provide that special storage and transport conditions on a firearms certificate were mandatory in the case of a high muzzle energy rifle; that is, one with more than 13,600 joules of energy.

My Amendment 80B would give the Secretary of State an order-making power to specify the special storage and transport conditions to be included on the certificate. Of course, we could go for guidance rather than an order. I have made no provision for parliamentary scrutiny because I do not believe it to be sensible to make the security details public.

So far as I can see, the current standard gun cabinets are designed to prevent unauthorised access or opportunistic theft and they appear to do so. However, they are not designed to resist a determined attack using specialist equipment. My noble friend Lord Lucas proposes a much higher level of security and I support this. While my noble friend’s amendment is clear on what is proposed, I think that there are drafting issues and I suspect that the same applies to my amendment.

I understand that some owners of .50 calibre target rifles already have the requisite secure facilities. However, some might not be so lucky and there is also a vulnerability when these guns are in transit. Currently, it is illegal to possess any of the key components of a firearm without a certificate and this includes the bolt. My Amendment 80C would allow another person to be in possession of a bolt if this was in connection with a special storage and transport condition. I would expect there to be documentary conditions involved. This provision could be useful in allowing club officials to hold the bolts for the owners of a .50 calibre rifle. It could also allow the rifle to be transported without the bolt being present with the rifle. Therefore, if a rifle is stolen but the bolt can still be accounted for, there is no security problem and no risk.

I have made no special provision about the ammunition because I do not believe that it is necessary or beneficial. This is because dealing with the rifle solves the problem and it is not particularly difficult to acquire or reload a few rounds of .50 calibre ammunition for some terrible purpose.

I am not fixed on whether we solve this problem by storage conditions or by disassembling the rifle, thus rendering it harmless except when in use on a range, or a combination of the two. It may be best to have a range of options available to suit the circumstances, and this could be provided for in the proposed order or guidance. If we want to have a disassembly option available, we need my Amendment 80C, or something similar on the face of the Bill.

If the sense of the Grand Committee is that something along the lines of my suggestion is acceptable, the Minister may be more tempted to take the opportunity to come up with a properly drafted government amendment. The consultation could then go forward as planned and, with benefit of the consultation, the Government could implement the necessary changes by whatever means is provided in the Bill.

My final amendment in this group is Amendment 80D. The Firearms Act 1968 does not define a rifle, other than to say that the term includes a carbine. This is because there was no need. I was concerned that the prohibition of high muzzle energy rifles might catch preserved artillery and tank guns, which are currently licensed by an ordinary firearms certificate if they have not already been deactivated. I have been assured by officials that the term “rifle” would exclude artillery pieces, and this makes sense. However, if we do make the changes regarding HME rifles, an individual police officer might want to make a name for himself by claiming that an artillery piece is caught by any legislation we eventually pass. He could claim that the term “rifle” means a firearm that has been rifled. Indeed, one noble and gallant Lord has asked me to look at and raise this point. I have previously been involved with a problem arising in this way, concerning the Vehicle Excise Act, concrete pumping machines and mobile cranes— don’t ask.

It would be best to define a rifle in the 1968 Act, but I would be happy if the Minister gave a categorical “Pepper v Hart” assurance that the term “rifle” does not include larger pieces of ordnance.

[The Earl of Erroll (CB)]

My Lords, I want to make a couple of general comments about these amendments. I never think it is worth passing legislation just because it looks good. Is it going to be effective, or not? Sometimes, where there is a problem, one hits something that looks like an easy target; it sounds good, and will keep the papers and the public happy. It may not change anything in the real world, which is about trying to protect people.

Some of this legislation could be held to be against the Disability Discrimination Act, in that some people who have problems can shoot with modified rifles, take part in international competition and get a huge sense of pride and success from doing well in it. However, the rifles do need to be modified and without these amendments, it looks as if they will be excluded from competition. It would be very sad if people who cannot run, jump or do other things have the one thing they are good at taken away from them. We should think quite hard about that.

Purely defining something by its muzzle size catches a lot of things that are not dangerous at all—muzzle loaders, for example. We have not really dealt with .50 calibre properly. Although a .50 has a good range, it is not going to pierce armour and cause huge destruction unless you have a military-grade armour-piercing round for it. You are not going to get one of those very easily, and you certainly are not going to load it yourself.

[Earl Attlee]

My Lords, I have some bad news for the noble Earl. Even a .50 calibre ball round has very high destructive power.

[The Earl of Erroll]

I suppose it is destructive, but it was penetrative power I was thinking of.

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[Earl Attlee]

Penetrative power as well.

[The Earl of Erroll]

I stand corrected, but there are many other things that do too. I do wonder whether we are just homing in on one particular device, when you can make yourself a mortar that can blow up a lot of people. Why would you want to choose that particular weapon? I am very sad when I see us unable to take part in international competitions on a global stage, because we are worrying about something that has not been a problem yet.

Sustainable Local Transport

Debate between Earl of Erroll and Earl Attlee

Wednesday 19th January 2011 Lords Chamber

[Earl Attlee]

It is my turn! The noble Lord initially asked whether I would look again at a part of the Statement, and he said that funding for transport is reduced. It is, although I shall not generate a groan from your Lordships by saying why. He talked about the abolition of the RDAs but he will also be aware of the local enterprise partnerships. They are not primarily a funding vehicle but they are a means of putting together stakeholders, who can then get on to the local transport authority and bid for money. The noble Lord talked about the Highways Agency and, in particular, the A1 in the north-east. That is a very important point. We have made a start, in that the A1 is now on the strategic route network and is therefore managed by the Highways Agency, although it will still be a long time before it is dualled.

[The Earl of Erroll]

My Lords, perhaps I might ask the Minister a quick question about smart ticketing, which he mentioned. I declare an interest as a director of LASSeO, the Local Authority Smartcard Standards e-Organisation, which looks after and promotes SNAPI, the Special Needs Application Program Interface. This is a very useful thing that is underadopted. It tailors the terminals that people use to put credit on their cards, the gates that people go through and things like that, to the special needs that individuals might have when they use the system. In the transport system, gates may close too quickly if someone is a bit slow. People who are colour-blind also need special help. The system is useful but has been largely ignored. Will the Minister look at allocating a small amount of money—not a lot is needed—to encourage the take-up of this standard for smart ticketing systems that are introduced? If the Minister would like to look it up, the system was developed by Dr John Gill.

[Earl Attlee]

My Lords, the noble Earl makes an important point about smart ticketing. There is no doubt that better ticketing systems encourage the use of public transport. They encourage me, and I am sure that they encourage many others. He talked about better systems. We are aware that what technology can do for us will rapidly improve. Noble Lords will be aware that the power of laptop computers doubles every 18 months. I would appreciate it if he would brief me on these matters; I would find that very useful.