Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Campbell-Savours and Lord Chartres

Tuesday 20th March 2012 Lords Chamber

[The Lord Bishop of London]

My Lords, I am very grateful indeed for the way in which the Minister, in particular, and the Government have responded to the difficulties that have been raised. I am particularly grateful to the noble Lord, Lord Faulkner, for his speech. I want to make one very simple point, as the hour is rather late. I seem to remember that Steptoe and Son was an itinerant operation that operated from a scrap-metal yard. Surely there is not a cordon sanitaire between the scrap-metal operation and the itinerant collector. Is it really the case that the only people that the Minister describes as having received these licences are people unconnected with scrap-metal yards? It seems a rather bizarre idea, which is why I am tempted to support the further amendment in the name of the noble Lord, Lord Faulkner.

[Lord Campbell-Savours]

The House is indebted to my noble friend Lord Faulkner of Worcester for tabling this amendment because it raises an issue that we should not be discussing at nearly midnight in an empty House of Lords. It should have been debated at prime time, as it is a central part of the legislation. The Minister referred to a sustainable long-term solution and then to the need for further legislation. If the Private Members’ Bill procedure is used in the House of Commons—I am told that the idea is that it will be used because of the shortage of time in the next Session due to the need to push through the House of Lords reform Bill—it is distinctly probable that, unless the Government give it government time, the Bill will fall. Those of us who have been in the Commons know that most Private Members’ Bills in the House of Commons fall. There is simply an objection to block them on the Friday when they are being considered. We need something far more substantial than simply a vague reference to further legislation being considered in the future. We need a consolidated piece of legislation, which brings the Vehicles (Crime) Act 2001, the Scrap Metal Dealers Act 1964, the Motor Salvage Operators Regulations, this Bill dealing with cashless arrangements and a properly enforceable regulatory system together in a single piece of legislation. I believe that the way the Government are proceeding today is the wrong way.

I wish to quote from a question and answer session that took place in the House of Commons yesterday, as the Minister’s reply let the cat out of the bag. Graham Jones, the MP for Hyndburn, asked:

“Does the Minister not recognise that the public may be shocked that a cashless scheme might not be cashless under the Home Secretary’s proposals, which exclude mobile collectors? If they are exempt, that will create a huge loophole in the system. … Is the exemption not a giant loophole and an own goal?”.

James Brokenshire, on behalf of the Government, said:

“The … answer is no. Those involved in door-to-door sales will need to trade their product through scrap metal dealers, so they will be subject to the Bill’s provisions”.—[Official Report, Commons, 19/3/12; col. 506.]

What does that mean in reality? A thief may go into wherever, steal a war memorial, break it up, contact an itinerant trader and sell it for cash to the itinerant trader, as I can see nothing in this legislation that stops him selling it for cash. The itinerant trader either then boxes it up and sends it abroad or destroys the markings which show the origins of the material. Then he goes into the legitimate system by selling it to a registered trader. In other words, in those conditions the Government’s objective to stop cashless trading where it affects war memorials, rolls of copper from railway lines or whatever, will not be met at all because the trade will simply switch into an itinerant Traveller trade. At least at the moment that trade is going into an area of the market which perhaps is acting illegally in parts but which should under the new arrangements be subject to a cashless system. Therefore, as I say, the Government’s objective will not be met.

The noble Lord says that under Section 3(1)(a) of the 1964 Act there is an element of control over these itinerant traders. However, we know that they have no phone lines. They probably use pay-as-you-go mobiles. They rarely have an address. They invariably have no fixed abode. They also claim that they have no bank accounts. They are capable of exporting abroad because they have networks. The noble Baroness, Lady Browning, referred to the networks that are run by criminals. They can send the material to Scotland, which I understand is not introducing this legislation, although I am sure the Minister will correct me if I am wrong about that. This whole business will switch from a legitimate area—it is legitimate in the sense that we could potentially control the movement of these items which have been taken illegally—into an illegitimate area of trade run by itinerant Travellers, who will not in any way be subject to any legislation because, as far as they and the authorities are concerned, it is unenforceable. Therefore, why do we not simply delay the legislation and introduce a proper piece of legislation which requires a more proportionate system of regulation and which deals more effectively with the problem?

The other day someone asked me over the phone how you measure the material going into these yards. Often, someone sends out a skip, the material is put in the skip and they do not know when they are collecting it and paying for it how much of what is in the skip comprises metal. Who will be responsible for dividing it up when, at the end of a year, the authorities come in—or perhaps come in—and carry out some kind of audit to ensure that all the metal has been paid for by way of a cheque or a legitimate means of payment? The question of separation of materials by scrapyards is something that the Government should deal with.

We are told that at the end of five years this matter will be reviewed. Why are we waiting five years? The industry says that it will not work. The Minister has been told repeatedly by the industry that, although it wants a cashless system, it believes that the way in which the Government are introducing it, without dealing with the wider problems of regulation, will inevitably lead to problems and that the system will fail. If this measure is to go through tonight and return to the Commons, surely even at this late stage Ministers might have a rethink. The industry does not object to the principle of a cashless system, in the way that my noble friend has suggested, but it objects to the fact that there is a loophole which will build a new industry in the hands of itinerant Travellers, who will relish the thought that they will be able to make money now that others have been restricted and regulated and that they will be subject to no proper regulation whatever.