Offensive Weapons Bill

Debate between Lord Brougham and Vaux and Baroness Hamwee

Committee: 1st sitting (Hansard): House of Lords
Monday 28th January 2019 Grand Committee

[The Deputy Chairman of Committees (Lord Brougham and Vaux) (Con)]

I advise the Committee that if this amendment is agreed to, I cannot call Amendment 33.

[Baroness Hamwee]

My Lords, the noble Lord, Lord Lucas, is in the same territory as my noble friend and I. Like him, we seek to know how one objectively defines “corrosive substance”. His amendment asks what happens if the skin is particularly sensitive. I am not sure that there is such a thing as the “average human hand”, which he refers to in his amendment. I suspect that sensitivity may depend on age—whether one is young or old could affect vulnerability—as well as all sorts of other matters.

Our amendment proposes two points. The first refers to the testing method. That would not help the point, with which I have a great deal of sympathy, about knowing whether a substance falls within the definition but it enables us to ask about the status of the testing kits. The noble Earl has said that work on them is well under way. Can he tell us any more about them? Are they intended to work—as I understand it—like a breathalyser? It is enough to get you taken off for a second and different test, but does it start with a roadside test? As with a breathalyser, it may look as if you have failed it. Again, this is as I understand it; I do not have personal experience of going down to a police station and giving a blood test or a mouth-breath test. The point is about the process.

My second question is about the definition of the substance as one capable of burning human skin. Our amendment refers to eyes, since a lot of awful acid attacks have involved throwing acid into someone’s eyes. Are eyes “skin” for this purpose? We simply want to be sure that we have covered the ground here.

Modern Slavery Bill

Debate between Lord Brougham and Vaux and Baroness Hamwee

Monday 23rd February 2015 Lords Chamber

[The Deputy Speaker (Lord Brougham and Vaux) (Con)]

My Lords, if this amendment is agreed to, I cannot call Amendment 49 because of pre-emption.

[Baroness Hamwee]

My Lords, when I read the Hansard of our first debate on this issue, I realised how much I agreed with the noble Baroness, and I agree with her tonight. I am also concerned about applying the reasonable person test to a child for the reasons she gave and because children develop at different stages. To ask a jury, as I suppose would have to be the case, not only to see what a reasonable adult person would do but to take account of the variables of a child’s development makes the test so complicated that it would be inappropriate. That is the sort of word one uses to be polite, is it not? I do not think we should be requiring this of a child. It adds to the complications and is not the direction in which we should be going.

I have been at meetings where I have heard the noble Baroness say to the Minister that we should not be constructing legislation that allows people to say, “I was trafficked, therefore I should be let off doing anything wrong”. She has been very upfront and quite blunt about that, and she is not trying to resile from that attitude here. I support her amendment.