Crime and Policing Bill

Debate between Lord Davies of Gower and Lord Hacking
Lord Davies of Gower Portrait Lord Davies of Gower (Con)
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My Lords, we on this side of the Committee are grateful to the noble Lord, Lord Hogan-Howe, for bringing forward this thoughtful group of amendments relating to the controls on offensive weapons. Each of these amendments raise practical questions about the application of current laws that relate to offensive weapons and seek to ensure that legislation designed to protect the public does not inadvertently criminalise legitimate, historically important or professionally supervised activities.

Amendment 211 proposes a defence where a weapon is of genuine historical importance. The reasoning behind this amendment is eminently sensible and aligns the treatment of such items with existing defences relating to antiques and curated collections. This is a meaningful distinction between dangerous modern weapons intended for misuse and historical artifacts preserved for cultural or heritage purposes. There is an important question here on proportionality and the scope of reasonable excuse. I hope the Government will reflect carefully on whether existing provisions fully address the concerns raised.

Amendments 212 and 213 relate to the traditional straight police truncheon and agricultural tools. I can tell the Committee that in my 32 years as a police officer, I did not use my truncheon on anybody, but it is very useful for silencing alarms in business premises in the middle of the night when you cannot get the keyholder out of bed. Here too, we recognise the practical issues that these amendments seek to resolve. It is not a controversial belief that items with legitimate ceremonial, historical or agricultural uses should not inadvertently fall within criminal restrictions where there is no evidence of misuse. The examples provided in support of these proposals make clear that the law must operate with fairness and precision, and I hope the Government consider them with due regard.

Amendment 214 addresses a wide range of potential exemptions for visiting forces, emergency services, theatrical and film productions, museums and antiques. These are complex areas with operational realities that deserve serious thought. The amendment raises legitimate questions about how the law accommodates professional and historical circumstances without undermining public safety. I look forward to hearing the Government’s thoughts on, and response to, this amendment.

These amendments rightly probe the intersection of criminal law with the heritage and cultural sectors. These are sectors that must be protected. We cannot allow well-meaning legislation unintentionally to criminalise legitimate historical and cultural activities. We look forward to the Minister’s response and assurances that these matters will receive the careful consideration that they merit.

Lord Hacking Portrait Lord Hacking (Lab)
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My Lords, I stand to ask for guidance from the Dispatch Box. When I was doing my national service in the Royal Navy in March 1957—I can date it precisely—I became a midshipman. With that ranking, I was awarded a midshipman’s dirk, which I still hold today. I cannot find that dirk falling under any of the exceptions proposed by the noble Lord, Lord Hogan-Howe. Do I therefore have to table a special amendment to make it lawful for me to continue to hold my midshipman’s dirk?