Scotland Bill
Earl of Shrewsbury Excerpts(12 years, 8 months ago)
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“( ) If a system of Visitors Permits is introduced, holders of a firearm certificate or a shot gun certificate issued elsewhere in the UK shall not be required to obtain a Scottish Visitors Permit in respect of air weapons.”
The Earl of Shrewsbury
My Lords, the purpose of this amendment is to highlight some of the complications and probable costs that will arise if the Scottish Government insist on visitors permits for air guns.
Clause 11 seeks to devolve to the Scottish Parliament the power to control low-powered air guns, while leaving control of other classes of firearm—including the more powerful air guns—with the Westminster Parliament. Even at this late stage there is no clear idea on what form of control, if any, the Scottish Government will seek to impose, except that some form of licensing for air guns features in much of the comment. I declare my interest as I have done in numerous debates before.
I have no intention to revisit the areas covered during earlier debates on this clause, but there are matters that your Lordships might consider before approval is given to the clause. The question of cost-effectiveness is one of the more important. There are currently some half a million air gun owners in Scotland, although it seems unlikely that every one of them will apply for a licence. Some will decide that they will no longer follow the various forms of sport that now involve air guns, while some will simply keep the air guns they have, taking advantage of the fact that the authorities have no way of identifying those who currently own them. It seems safe to assume that those who misuse air guns will fall into the latter category.
The Gun Trade Association calculates that about 300,000 people will take up licences in the first instance. It is also conservatively estimated that the simplest form of licence would involve not less than two hours of police time. One learns from the Association of Chief Police Officers in England and Wales that the total cost of a firearms licensing officer, including overheads, is £27.40 per hour, so that the total cost of licensing in the first year will be about £16.4 million, based on the simplest possible system. Any added complexities to the licensing system will increase that large sum of money.
There will also be considerable set-up costs, including the adoption of new computer systems or the modification of existing systems, other back-office necessities, equipment to test the muzzle energy of air guns and more. There will be a need for consultation between Ministers and officials representing several government departments including the Home Office and Ministry of Justice, the two chief police officers’ organisations and police at practical levels to ensure that differing systems can work side by side. The costs will be very considerable.
The fee charged for the licence will reduce the cost to the public purse, but ACPO has calculated that, presently, fees recover only 27 per cent of the cost of running the firearms department. The fees for firearm and shot-gun certificates are under review, but will still fall short of the cost to the licensing authority. Any attempt to treat air gun licences differently in the matter of fees might create an actionable bias by discrimination against air gun users as distinct from users of other firearms. Enforcement costs, though difficult to establish at this time, will be substantial. At least three hours of an inquiry officer’s time will be required to produce the initial report with statements, and the cost of that will be about £82. An expert witness will be required to establish that the air gun has a muzzle energy in excess of 1 joule, about 0.74 foot pounds, but not in excess of 12 foot pounds for an air gun or air rifle or 6 foot pounds for an air pistol, et cetera, which will also cost about £82.
Reference to a senior police officer or a prosecutor may result in offering the defendant some form of warning. If the defendant agrees to accept the warning and surrender his air gun there will still be a cost of disposing of the case and of the air gun. The cost of that process must double the charges already calculated, resulting in a very rough estimate of total costs of about £400 in a case where no prosecution is involved. If the matter is brought to trial, the costs of a court will be very high, probably in the order of £1,000 when all costs, including overheads, are calculated. I assume that defence costs might run to a similar figure.
There is a further cost that cannot be calculated in that any legislation will create additional criminals, in this case mostly young men whose offence is mere possession but who will carry a conviction for a firearms offence for a number of years in most cases, and for the rest of their lives in matters such as obtaining firearm or shot-gun certificates. Costs will also fall elsewhere. Police in England and Wales may well incur substantial costs in making inquiries for a Scottish force that has received an application for a visitor’s air gun licence, for a visitor’s licence scheme must inevitably be provided. Those many shooters from England who visit Scotland each year and contribute much to the economy often take their families with them and may well wish to provide air guns for the younger members to shoot under supervision. When receiving an application for a visitor’s permit, Scottish police may ask English police in the applicant’s home area to undertake some inquiries. There is a cost involved there but, with the information available, this element cannot be costed. There also seems likely to be added costs for dealers outside Scotland who may supply air guns to those in Scotland and could be required to notify transactions. Once again, this element cannot be costed with the information available.
In Scotland, the number of recorded offences involving air guns has fallen significantly, by 42 per cent over the last decade. In England and Wales, over the same period and with the same legislation, air gun offences fell 66 per cent. The vast majority of air gun offences are concerned with criminal damage, usually in public places and primarily involving young people. The Westminster Parliament has been far from idle in this area. Section 19 of the Firearms Act 1968, still the principal Act on firearms, created various restrictions which were easily evaded by the ill disposed and were often very difficult for the police to enforce. Following more recent changes to the legislation, the law now provides a simple and easily understood offence. Air gun owners can understand the law and the police find it easy to enforce. The police have a power of arrest and may seize the air gun. All the evidence suggests that the massive reduction in air gun offences is attributable in large measure to this simple, enforceable legislation.
Further measures were imposed by the Violent Crime Reduction Act 2006, under which sales or transfers of air guns by way of trade or business were restricted to persons registered as firearm dealers, who must now keep records of transactions. It also provided that sales must be face to face and not by direct mail. The age at which air guns or air gun ammunition may be purchased or acquired has been raised to 18 years so that a single age is applied to all firearms following an EU directive on firearms using combustible propellants.
Finally, the Crime and Security Act 2010 amended the 1968 Act to make it an offence to keep an air gun in a manner that will allow a person under 18 to have access to it. Home Office advice about the levels of security required to meet this duty has been proportionate and reasonable.
I list these measures so that your Lordships can be sure that the UK Government keep the problem of air gun misuse under constant review and seek to improve on the already quite remarkable reduction of air gun misuse throughout Great Britain. In doing so the UK Government have tried to impose restrictions that are effective but proportionate and which take account of the legitimate activities of at least 4 million legitimate air gun users in Great Britain—I believe that the figure is closer to 6 million. It is the view of interested parties, researchers and the Gun Trade Association that these measures have not unduly impinged on legitimate air gun users but have made a very significant impact on rates of air gun misuse. There is no evidence to suggest that a costly licensing system will have a significant effect on air gun misuse, but it seems clear that vigorous enforcement of much simplified laws can have a marked effect.
The Earl of Shrewsbury
My Lords, I am most grateful to all those who have taken part in this short debate and especially to my noble and learned friend Lord Wallace. I listened carefully to what he said, I know exactly where he is coming from and I could have written his speech for him last night. All I know is that the whole issue of devolving legislative power on air weapons to the Scottish Parliament is fraught with problems, as I have explained. The problems are both of an operational aspect and with regard to the potential substantial costs involved. Those issues will take a lot of answering. The whole thing is unworkable, it will take an awful lot of working out and it will probably not be. I reserve the right to stand here in a few years’ time and do a wonderful and famous “I told you so”. I shall have to be extremely careful next time I go across the border to go fishing in Scotland because I think I am a marked man. In the light of my noble and learned friend’s comments, I beg leave to withdraw the amendment.
Scotland Bill
Earl of Shrewsbury Excerpts(12 years, 9 months ago)
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Lord Browne of Ladyton
My Lords, I speak Amendments 18 and 20 in my name and that of my noble and learned friend. Clause 11 devolves legislative competence to the Scottish Parliament in relation to the regulation of some of the powers on air weapons, as recommended by the Calman commission. The purpose of our amendment is, again, to probe the rationale behind the Government’s selective implementation of the Calman commission recommendations. Amendment 18 seeks to remove the exception that the Government make to the devolution of powers to license air weapons in the case of those weapons designated as “specially dangerous” by the Secretary of State.
The Minister will forgive any deficiencies in the amendment itself. It seeks to improve a definition in an area of law that is fraught with confusion and in serious need of rationalisation. It is a continuing disappointment that the Government—and I think that the previous Government were in the same position about this—have not yet heeded the calls from the Home Affairs Select Committee, among others, on firearms control that call on the Government to rationalise the regulation of firearms in one single piece of legislation. The legislation is difficult to understand as it is presently enacted. None the less, I hope that the amendment will give the House the opportunity to debate the issue of the devolution of air weapons regulation in detail and to tease out from the Government the rationale behind the continued reservation of certain powers for the licensing of these weapons to the Secretary of State rather than devolving them.
Grouped with our amendments is Amendment 19 in the name of the noble Earl, Lord Shrewsbury, who generously shared with me the argument and some of the points that he intends to make in support of it. I do not intend to steal his thunder, but in general terms they test and explore the practicalities of two separate regulatory regimes on this one island. His points are germane to the workability of what is proposed. I look forward to his contribution and, more eagerly, to the Minister’s responses to his contribution and the questions that he will pose.
It will be known to many noble Lords that air weapons are an issue of particular importance to the people of Scotland. There have been too many cases in recent years when misuse has led to terrible consequences, such as the tragedy of two year-old Andrew Morton’s death. The people of Scotland demand action from their politicians and we on this side of the House wholeheartedly support the devolution of powers to Scotland to regulate or, if the Scottish people choose to do so, to ban air weapons, but that is a matter for the Scottish Parliament. We are not blind to the practical consequences of such a change.
We are concerned, however, that the Bill as it stands does not go far enough in granting Scotland the powers that it needs if there is to be a change, and does not faithfully reflect the Calman commission’s recommendations, despite noting from the Calman commission that,
“there are advantages in having common offences relating to the misuse of firearms across Great Britain and that there could be serious disadvantages in having different, unco-ordinated policies”—
the important word there is “unco-ordinated”. The commission advised that,
“if there is appetite to deal with air weapons differently in Scotland than south of the border then the advantages of enabling the Scottish Parliament to do so outweigh the disadvantages”,
and therefore recommended that the regulation of airguns should be devolved to the Scottish Parliament. The commission explicitly rejected the Scottish National Party’s call for the devolution of firearms regulation in its totality, something that we on this side of the House do not support, on the basis that Calman found no evidence that Scotland had a particularly acute problem that demanded distinct legislation as opposed to any other part of Great Britain. However, the commission concluded that there was sufficient reason to discriminate between firearms because of a genuine appetite on the part of Scotland to deal differently with these particular air weapons, and this clear demand outweighed the possible disadvantages of a differentiated system.
It is important that the reason the commission did not recommend the devolution of legislative competence over all firearms was not the cross-border problems of an unco-ordinated policy but because of a lack of perceived necessity for the differentiated policy, and that meant that the balance fell in favour of co-ordination. When the commission found evidence for a real need for devolution, it found in favour of devolution with no exception, despite the fact that some air weapons are clearly as dangerous as other firearms.
However, the Government have decided to exempt those “specially dangerous” air weapons that are subject to special licensing or prohibition by the Secretary of State from devolution. This is clearly contrary to the commission’s recommendations and, in my submission, will only add to the confusion and fragmentation of an already confused and fragmented area of the law—firearms regulation across the UK. Noble Lords will note that this amendment does not remove the exception to air weapons which are prohibited under Section 5 of the Firearms Act 1968, and Section 1(4) of the Firearms (Amendment) Act 1988. However, I would still like to probe the Government’s logic here; to me it seems unclear.
The devolution of legislative competence over air weapons currently banned in the UK would, indeed, create a differentiated system of regulation across the UK, with all the associated cross-border problems. However, the Government must anticipate that the devolution of competence over most air weapons, which is what they propose, is still likely to produce such a result; the only difference being that the prohibition or the regulation of the other air weapons will exist in Scotland and not in the rest of the United Kingdom.
I regret that when this clause was debated in another place, the focus of the debate was largely on the Scottish nationalist obsession with the devolution of powers over all firearms and this issue, although presented to the other place, was not debated or properly answered. I hope that today we will have an opportunity to focus debate on the specific settlement proposed in the Bill and to ensure that the Scottish Parliament is granted the powers it needs properly to address the issue of air weapons in Scotland.
The Earl of Shrewsbury
My Lords, with the leave of the House, I wish to speak to my Amendment 19. I declare an interest as honorary president of the Gun Trade Association.
The format of this amendment is not without recent persuasive precedent. The Firearms (Electronic Communications) Order 2011 was made under the authority of Section 8 of the Electronic Communications Act 2000 and provides for the Secretary of State to direct forms of electronic communication that may be used for sending statutory notices under the various firearms Acts. Before giving any such direction, the Secretary of State is required to consult Scottish Ministers, the Associations of Chief Police Officers in Scotland and in England and Wales and “such other persons” as he “feels should be consulted”—a term which the Home Office suggests in its circular must include the main shooting organisations as well.
Clause 11 of the Bill contains no indication of the type of changes to the law concerning low-powered air guns that are envisaged by those who have sought to have controls devolved to the Scottish Government. However, Scottish Government press releases issued under the authority of the present Secretary for Justice have indicated that a form of licensing of air guns has been, and is, under active consideration. The amendment seeks to ensure that full and detailed consideration is given to all the ramifications of any form of legislation by requiring a consultation process that includes a cost-benefit analysis.
The imposition of restrictive legislation on air guns will have cross-border implications on those who travel with firearms to Scotland from other parts of the United Kingdom, from within Europe and from the wider world; or from Scotland to such places. Air guns are generally excluded from most aspects of firearms legislation and are outside the definition of “firearm” for the purposes of the European directive, Article 1(1). Only where the control of firearms has had a particularly troubled history in countries such as Ireland and Northern Ireland are air guns treated in the same way as firearms.
As we all know, the border between Scotland and England is entirely open. Different legislation on each side of an unpoliced border will create major problems in terms of movement of individuals and of air guns themselves. For the trade there will be serious issues in respect of mail order and face-to-face transfers in either direction. Direct sales, either by way of trade or between individuals, will be completely unpoliceable. It seems right that police on both sides of the border should be consulted about potential policing problems, and that the trade on both sides of the border should be consulted about the effects on its businesses.
The burden on the police of a licensing system for air guns will be enormous. Initially, some 500,000 air gun owners in Scotland may be affected but it seems probable that a proportion of owners will not take up the licensing scheme and will either dispose of their air guns or retain them without a licence. There is little chance of the greater proportion of non-compliance being discovered, since there is no record of those who now own air guns. Your Lordships may well be aware that a considerable percentage of air weapons carry no serial numbers, in particular the less expensive and therefore far more common weapons, and are therefore untraceable.
The initial take-up of licensing may be by 500,000 or fewer people. Existing holders of firearm and shotgun certificates total some 67,000 individuals. If a system akin to that for licensing firearms and shotguns were to be imposed on air guns, the burden on the police firearms licensing departments would increase eightfold, at a time when firearms licensing departments are cutting staff and slippage in turnaround of applications is becoming far worse.
According to a 2009 survey by ACPO in England and Wales, the grant of a firearm or shotgun certificate involves six or seven hours of police time. That may be overstated, but if a licence for an air gun involved only three hours of police time, more than 1.5 million additional hours would be required in the first year. Perhaps exemptions would be made for existing firearm and shotgun certificate holders, or perhaps further savings could be made by way of various exemptions; but even then the burden on the police would be more than 1 million man-hours. This has to be paid for.
It may be argued that the cost of all this could be recovered from the air gun owner, but Treasury guidelines demand that fees reflect only the actual cost of issuing the licence or certificate in question, and these recover only a small part of the cost to the firearms licensing department. They do not include enforcement measures or costs not directly linked to the grant of the individual licence.
Police in other parts of the United Kingdom would be involved in costs—probably large costs—related to the enforcement of any new laws in Scotland. An air gun sent by a dealer in England to a customer in Scotland might well involve a contravention of Scottish but not English law. However, inquiries would have to be made by English police about the actions of the English dealer.
Sporting shooting is an important factor in the economics of Scotland. According to VisitScotland, those living outside Scotland who visit Scotland for sporting shooting generate some £50 million per year for the Scottish economy. It is not unusual for the visitor to take an air gun with him for use against pests or in recreation. Such people will either continue to do so in ignorance of a new law, or they may be deterred from visiting at all if bureaucratic controls are in place. Major international target-shooting events are staged in various parts of the United Kingdom. Large numbers of competitors travel from Scotland to compete in events at world-famous venues such as Bisley, while the major Scottish meetings attract members from England and further afield. Shooters are likely to be inhibited from travelling to such events by bureaucratic controls, and many will simply stay away. Organisations representing field and target shooters on both sides of the border should be consulted.
Finally, while Clause 11 relates only to the potential for laws to license or otherwise restrict air guns in Scotland, such laws will impact on the rest of the United Kingdom, and it is right that proper consultation with those inside and outside Scotland should be required, so that those who may be affected at least have a statutory right to have their views heard.
Lord Wallace of Tankerness
I see the point that the noble Lord is making but I do not necessarily follow him down that route. For a start, this is the devolution of a power. It is a prescription as to how that power might or should be used and, even if it is a licensing scheme, it may well be very different. We seem to be getting weapons that are not subject to the kind of strict licensing regime that we have at the moment. Therefore, I think that a distinction can be made, which we wish to keep, for weapons of greater power so that we can maintain consistency across the United Kingdom. As I have already quoted from Calman—it might even be the passage that the noble Lord read out—there seem to be advantages in maintaining that consistency.
The Earl of Shrewsbury
Although my noble friend says that this is enabling legislation which the Scottish Parliament may or may not put in place, does he not agree that the Scottish Parliament is already doing it when the Act has not yet been passed? It is already investigating my people from the Gun Trade Association who have been up there to give evidence to it.
Lord Wallace of Tankerness
My noble friend made a very powerful speech. However, we cannot make presumptions in that regard; nor can we presume what the shape of any licensing regime would be. The points that his colleagues in the gun trade are making may well help to determine the shape of that legislation.
Perhaps I may turn to my noble friend’s amendment. He has set out very clearly what he sees as the consequences of imposing restrictions on air guns in Scotland, if indeed the Scottish Parliament chooses to go down that route. He has highlighted how any changes will have implications for the trade and for the police not just with regard to licences but with regard to the financial burden that he has outlined, and he has suggested that they are consulted by the Scottish Government before any new legislation is introduced.
Scotland Bill
Earl of Shrewsbury Excerpts(13 years, 2 months ago)
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Lord Shutt of Greetland
I hear what the noble Lord says, but there are a lot of people here anxious to speak. There are in fact three dozen such people. Some have come from Scotland—perhaps on the train or the aeroplane—specifically to speak. Therefore, it would be inconvenient if we did not continue. Everything we do in this place is important. I do not think that we should be looking at this in pecking-order terms. We do know that it is convention—just as the noble Lord, Lord Forsyth, said about voting convention—that we first have what is perceived as divisible business. The usual channels agreed this; it may have been some time ago, but it was agreed, and so I think we should proceed.
The Earl of Shrewsbury
My Lords, forgive me for intervening, but would it not be much more sensible, for a Bill of this constitutional importance, to deal with half of it today, and half on Friday? Then we can all do it properly.
Lord Bassam of Brighton
My Lords, I only venture into this to say that I think that the Government are wise at all times to be flexible in their approach. Although I am part of the usual channels, I must say I did predict at the time that this would not be an easy passage for the Bill. I go no further than that, because I do not want to undermine the effectiveness of the workings of the usual channels. However, I think that noble Lords agree that these are points that are very well made to the House, and they have validity.
The Earl of Shrewsbury
My Lords, in welcoming this important Bill, I must declare my interests. I am the honorary president of the Gun Trade Association and of the British Shooting Sports Council. I am a member of both the British Association for Shooting and Conservation and the Countryside Alliance. On my past record in defending and promoting the shooting sports over the past 20-odd years, it will come as no surprise to your Lordships that I wish to address several issues raised by Clause 11, in which it is proposed to devolve the power to regulate air guns to the Scottish Parliament.
Since 1920, legislative control of all firearms, including low-powered air guns, has rested with the Westminster Parliament and legislation has been applied to England, Wales and Scotland. A different regime of controls applies in Northern Ireland. Low-powered air guns are those that generate not more than 12 foot-pounds of energy at the muzzle in the case of air rifles, or six foot-pounds in the case of air pistols. While such air weapons are subject to an extensive system of controls, they are not subject to licensing. It is now proposed in Clause 11 to devolve controls of low-powered air weapons to the Scottish Parliament. Controls of other classes of firearm, including high-powered air guns, will remain with the Westminster Parliament. There is little intimation of what controls are planned by the Scottish Government but it seems likely that additional restrictions will be imposed in Scotland, creating a different regime in one part of Great Britain.
The Gun Trade Association has estimated that around 4 million people in Great Britain own and use some 7 million air guns. In Scotland, around 700,000 people own approximately 1 million air guns. Between 150 million and 200 million air gun pellets are fired in Scotland each year. Air gun owners invest heavily in their guns and in accessories such as telescopic sights. The air gun industry has a turnover of around £750,000 per year in Scotland. There is, in addition, a considerable trade in both air guns and accessories with other parts of Great Britain.
Air guns are extensively used by responsible owners for legitimate reasons. Ten-metre air rifle and air pistol events for men and women will feature in the forthcoming Olympic Games, as they do in the Commonwealth Games, European games and other major international and national competitions. The starting point for all competitors in these events is the local shooting club, and the well-being of those clubs is the key to success at national and international level. Competitive air weapon shooting demands very high levels of fitness and, perhaps most of all, discipline. Air gun shooting is seen as very much a character-building sport by organisations such as the Scout movement.
Air weapons are extensively used to control pests such as rats, rabbits and some birds. In many rural communities those linked to agriculture see air weapons as essential tools in their work. Among the wider shooting community, air weapons are seen as a vital training tool, allowing mentors to instil high levels of skill, discipline and safety into newcomers to shooting sports, particularly youngsters. Most of today’s sporting shooters made their start with an air weapon of some description.
Perhaps the most extensive use of air guns lies in informal shooting, with parents or elders teaching their youngsters to shoot in the privacy of their own garden. Shooting sports are a major source of income in Scotland. In 2006, a report to be found on the VisitScotland website shows that direct income from providing shooting for visitors is estimated at £80 million per annum, with two-thirds of that coming from outside the country. Many of those visiting Scotland to shoot will take along an air weapon so that they may supplement their sport on the deer by indulging in pest control and informal target shooting.
Like almost every instrument known to man, air weapons are misused. However, the evidence is that the misuse of air guns is very low and is susceptible to control by vigorous policing. At the most serious end of the spectrum, air weapons are very rarely involved in homicide. In England and Wales during the period 1983 to 2002, there was an average of 0.6 homicides per year in which an air gun was involved. In Scotland, from 1998 to 2005-06, the comparable number was 0.2 cases per annum. Comparative statistics work better with larger numbers. The number of offences for all classes in England and Wales in which air guns were involved during 2000-01 was 10,227 cases. The figure peaked at 13,822 in 2001-02. There was a slight and insignificant reduction in the following year, but a dramatic fall from 2004-05, which has been sustained to date.
In seeking an explanation for a halving of the number of offences in England and Wales, researchers have pointed to the Anti-social Behaviour Act 2003, which took effect in January 2004 and which created a simple and easily enforced provision in the case of someone having an air weapon in a public place, whether loaded or not, without a reasonable excuse. Other new controls included restricting selling by way of trade to registered firearms dealers and new age limits for acquisition and use. Linked with an extensive programme of education by shooting organisations, these have provided the police with the tools they need to control the problem without imposing major restrictions on legitimate users.
In Scotland the picture is a little different. In the 1990s, the number of air gun offence cases per year was around the 1,000 mark, but from 2000-01 to 2009-10 that number has been driven down to an average of about 500 cases per annum. Comparison with the figures for England and Wales shows that police in England and Wales have driven that number of cases down to a level comparable with that in Scotland. The indications are that continued police efforts in this field are capable of driving down this problem of air weapon abuse much further without the need for a new or different regime of control in one part of Great Britain.
All the evidence shows that the police have an ample range of powers to deal with the misuse of air guns and that the UK Government have been ready to consider the evidence and implement additional controls where appropriate. The result over the past two decades has been a halving of the number of reported offences, first in Scotland and then in England and Wales. Misuse of air guns has been consistently lower in Scotland than it has been in England and Wales, and no evidence is available to show that further restrictions would be beneficial to Scotland.
The absence of any detail about what the Scottish Parliament proposes in respect of air guns makes it impossible to understand what consequences will flow from this clause. There has been an indication, via press releases in 2008, that a proposal to license air guns in the same manner as rifles has been under consideration. It is understood that officials have liaised with the Irish Government about the licensing system there. The intention is to license only those people who use air guns for occupational and sporting uses. That implies a system akin to that for the current firearm certificate, which involves a great deal of police time and effort in inquiring about the nature of the use of the gun, the background of the individual, storage arrangements et cetera. Police in England and Wales have estimated the cost at £102 per certificate. The cost of the certificate may therefore exceed the value of the air gun in some cases. Less well disposed owners may simply decline to submit to this bureaucracy and there will be no mechanism for tracing them. No one in Scotland knows precisely how many air guns are currently in circulation and, more importantly, who has them.
The administrative burden of introducing an air gun licence will be enormous. There will be potential demand for 700,000 certificates, although the history of the gun control regime suggests that actual take-up will be far less—perhaps half a million, almost certainly decreasing with the passage of time. If the “good reason” requirement is imposed, many certificates will be refused, and the administrative burden of a refusal is much greater than that of a straightforward grant. There will be appeals to the courts with high costs involved.
There are currently about 50,000 shot gun certificates and 26,000 firearms certificates in Scotland. The overlap—those who hold both certificates—is not officially published but has been estimated at 17 per cent of shot gun certificates, being 8,500, making a total of 67,000 certificate holders. The added burden of air gun licensing on the police might initially increase the current burden on firearms licensing departments. With government cuts, they are losing staff right, left and centre, seven or eightfold.
Many Scots will be able to cross the border into England to purchase air guns and their accessories, and the nature of the border is such that no one will be any the wiser. Visitors from England may in ignorance continue to bring their guns with them, or they will require a visitor permit. Visitors involved in sporting shooting are most likely to leave their air guns at home, with loss of revenue to providers of the sport. Those competing in major national shooting events, such as the annual Scottish shooting meeting, will be seriously inconvenienced and will incur additional costs. Many are likely to restrict their efforts to events in England and opt out of the Scottish events. The problem will extend to events such as the Commonwealth Games, in which air gun events are mandatory. There will be considerable difficulties continuing with the major role of the air gun, which is training young shots in informal target shooting. The trade in air guns would be very hard hit by any such change and it seems highly likely that many suppliers, especially specialist suppliers, will simply go out of business.
Trade sources have calculated that, of the 5.1 million Scots, 700,000 own air guns, which is 137,000 air gun owners per million population. In Northern Ireland, 1.5 million people own 20,000 air guns, which is 13,000 air gun owners per million population. Thus, over a period of years, the imposition of an Irish system would eliminate 90 per cent of the law-abiding air gun users who apply for a licence, leaving about 70,000 as a long-term burden on the police—still a greater burden than that of administering the current firearm and shot gun certificate system, but a shadow of the present legitimate air gun owning population.
In conclusion, I look forward to tabling amendments in Committee.