Offensive Weapons Bill

Lord Robertson of Port Ellen Excerpts

2nd reading (Hansard): House of Lords
Monday 7th January 2019 Lords Chamber

[Lord Robertson of Port Ellen (Lab)]

It is a great privilege to follow the noble Baroness, Lady Newlove. She speaks with authority and personal passion and we should listen with great care to what she says. I listened to her a few weeks ago at the annual Livia Awards, a remarkable institution created by the parents of a young woman who was killed in a road traffic accident to recognise in the Metropolitan Police those who expend extra effort and trouble to bring perpetrators to justice—but, again, focused on the victims of crime. I did the guest of honour speech last year and the noble Baroness did it this year. It is a remarkable organisation, to which I pay tribute.

It is one of the tragedies of the way in which Brexit has sucked the oxygen and energy out of political discourse that issues such as this, which are of huge importance to people in their daily lives, have been sidelined and have not been given anything like the attention they deserve. Therefore it is right that the Government should expect detailed consideration of this Bill and that we should spend a little time on it. It raises a whole host of major issues, which have come out already, even at this early stage.

There are deep social problems in our society today, some of which are manifesting themselves in the violence that is affecting so many parts of the country. We in this House are a million miles away from a lot of those social problems and find it difficult to understand them, let alone find remedies that will be applicable to the areas which they deeply affect. I took part in a programme recently and the very senior presenter, a prominent person in public life, told me on the sidelines of the interview that his son had been stabbed in an incident in London. He had been an inch away from ending his life—a young man now completely traumatised and whose personality has been changed. The presenter said, “It’s like the wild west out there”. For somebody to say that about our country and our capital city highlights something very serious, which merits our concern.

I come from Scotland. In Glasgow the problem manifested itself a number of years ago. All the agencies came together in the violence reduction unit that was created at that time, and a radical difference has been made in the situation there. I am glad that the Mayor of London, Sadiq Khan, has taken on board the lessons of that and that a violence reduction unit has been created in London. I know that Ministers and the Government are also paying attention to the success of something that has worked. Of course, all this is highlighted by the terrible incident that took place on a train last week, and I am sure that all of us here feel profoundly for the Pomeroy family, and especially for their young 14 year-old son.

I will concentrate on only one aspect of the Bill, firearms. I have a degree of knowledge and expertise in this area as I was Defence Secretary of this country and then Secretary-General of NATO, and it was perhaps part of the armoury of military forces to know a lot about these instruments. But I am also a resident of the town of Dunblane. At the time of the 1996 incident, I was the shadow Secretary of State for Scotland and I lived in the town. The noble Lord, Lord Forsyth of Drumlean, was the Secretary of State for Scotland, and although we were political combatants at the time, we were welded together in the wake of the evil perpetrated by a criminal who both of us knew. I played a part in the legislation that was passed when we came to power in 1997 to abolish the private ownership of handguns in this country, legislation which has had a major influence on gun crime in this country as a whole.

That background gives me a deep concern about the progress of the Bill, in particular the fact that .50 calibre high-powered rifles have now been taken out of the legislation after the initial plan to keep them in. The term “.50 calibre rifle” does not mean an awful lot to the ordinary person, but they are colloquially known as “sniper rifles”. That is a technical expression used in the military to describe guns that kill people at long distance, and that is effectively what they are. If you look them up on the internet you will find that .50 calibre rifles are also known as sniper rifles. The Government’s impact assessment—an interesting document on the subject of .50 calibre rifles—states:

“There is concern about the availability of .50 calibre and rapid-fire Manually Actuated Release System (MARS) rifles being available to some civilian firearms licence holders. The range and penetrative power of 0.50 calibre rifles makes them more dangerous than other common firearms and were they to be used in criminal or terrorist activities would present a serious threat to the public and would be uniquely difficult for the police to control. Due to the rate of discharge MARS rifles pose a comparable risk to the public and police as other self-loading weapons already banned in the UK. The Government need to intervene to ensure the purchase, ownership or possession is illegal”.


That was the opening statement of the Government’s own impact assessment, which went on to go through all the other effects. In the Second Reading debate in the Commons, the Home Secretary, Sajid Javid, said:

“We based those measures on evidence that we received from intelligence sources, police and other security experts”.


He was challenged throughout the whole of that Second Reading debate by a concerted group of Conservative Back-Bench MPs who are part of the All-Party Group on Shooting and Conservation, and he went on to say:

“According to the information that we have, weapons of this type have, sadly, been used in the troubles in Northern Ireland, and, according to intelligence provided by police and security services, have been possessed by criminals who have clearly intended to use them”.—[Official Report, Commons, 27/6/18; cols. 918-19.]


Those are not my words or the words of gun campaigners but the words of Her Majesty’s principal Secretary of State for Home Affairs, speaking in the House of Commons.

Why on earth were the Government persuaded to take out the clause in the Bill that would have removed those weapons from legal ownership? I appreciate that the Minister and the Government have said that they are now open to consultation on the matter, but they have not even included some of the safeguards that the gun lobby was recommending, as outlined by the noble Earl, Lord Caithness, to separate out these elements. At the moment, there is nothing: there is no restriction on these weapons. These are weapons that can immobilise a truck—or a human being—more than a mile away from the person handling the rifle. We are talking about a serious weapon with enormous potential. If the Home Secretary of this country believes that they are in the hands of those who may use them, the call for action was all the more important. The police, the intelligence authorities and the National Crime Agency have all come to the same conclusion.

As I read the debate in Hansard and the background documents, the echoes came back of the arguments we had after Dunblane from the shooting lobby, who said that these guns were only for recreation and were in the hands of people who were properly licensed, et cetera. But the evil criminal who perpetrated what happened in Dunblane and the one who perpetrated what happened in Hungerford were holding legally obtainable guns at the time. It is right and proper that assessments be made and that we listen to the people who know. As I said, if the Home Secretary of this country believed that there is the potential for these weapons to be used, action should have been taken.

I hope that during the course of the debate in this House, we will return to this subject and perhaps go down the road that the Home Secretary was deliberately on before he was derailed.

--- Later in debate ---

[The Earl of Shrewsbury (Con)]

My Lords, I broadly welcome the Bill. My interest in it stems from my record as an enthusiastic supporter of the shooting sports. I am a former president of the Gun Trade Association and a former president and chairman of the British Shooting Sports Council, and a former chairman of the Firearms Consultative Committee at the Home Office, appointed about four weeks before Dunblane happened. I am a member of the Worshipful Company of Gunmakers and a member of both the British Association for Shooting and Conservation and the Countryside Alliance. From that, your Lordships will probably realise that I am quite keen on my chosen sport and, I hope, moderately knowledgeable.

Every shooting organisation to which I have ever belonged has had one common goal: the responsible promotion and enjoyment of its chosen discipline while ensuring that safety, especially the safety of the public, should always remain paramount. Indeed, I recall that during the passage of the Anti-social Behaviour Act 2003, Her Majesty’s Government wished to ban and remove from circulation entirely and without compensation the Brocock air pistol. This weapon, which was easily capable of conversion—probably in a garden shed—into a deadly little weapon using basic tools, had become popular as the weapon of choice of criminals. It had been used in a number of fatal shootings, and there were very many of these guns in circulation. The Gun Trade Association and the other shooting organisations actively supported the Government’s view that these guns should become a prohibited weapon under Section 5(1)(af). However, under the Act, and as a consequence of the Government’s unwillingness to compensate owners and the manufacturers, some people were permitted to hold such a gun under a Section 1 certificate. Today, around 60,000 Brococks are still in existence somewhere out there—nobody really knows where—and the manufacturers have still not been compensated for the loss of their expensive tooling and equipment. The support of the Government’s actions by the various shooting bodies bears testament to a responsible shooting community.

In that light, I will offer a few comments on the Bill, specifically with regard to guns. First, the question of so-called bump stocks was raised in the Government’s policy paper, in their overarching fact sheet. That document states that the Bill will prohibit,

“high energy and rapid firing rifles and a device known as a ‘bump stock’ which increases the rate of fire of rifles and provides for compensation of owners”,

of such weapons. Compensation is not normally the case.

I take this opportunity to remind your Lordships of just what is a bump stock. It is, in simple terms, a piece of equipment which, when fitted to the stock of a self-loading rifle, enables it to fire missiles much faster, and exponentially turns that firearm into an automatic weapon. Incidentally, although a legal definition of a self-loading rifle is yet to be decided, a useful one could well be: “a weapon where, after the weapon is fired, it is reloaded without the intervention of the operator”. The perpetrator of the massacre in Las Vegas used guns fitted with bump stocks. So far as I am aware, such stocks are made only in the United States, and they were subject to a ban on importation into the UK in 2017 through the Notice to Importers 2896 of 4 December 2017. In any case, self-loading rifles are already prohibited firearms under Section 5(1)(ab) of the Firearms Act 1968 as amended.

Briefly, on .50 calibre rifles, it is my understanding that these weapons came under the scrutiny of the police when one was stolen from a car and recovered, having not been used in a crime but with its barrel sawn off. Anyone who is stupid enough to do that to a .50 calibre and fire it is ensured of a very brief life expectancy.

In addition, I understand that the police misguidedly believe that such weapons are used for material destruction. The ones used by the military most definitely are, as they are used as snipers’ rifles. There are only about 130 civilian versions of these rifles held privately in the United Kingdom. They are used by target shooting enthusiasts with Section 1 target ammunition only. Owing to their barrel length, their weight of about 20 pounds and the fact that they are single-shot or bolt action, it is extremely unlikely that they would or could be used in criminal activities. They are target-shooting guns for very specialist marksmen and are used in a very small number of specialist licensed ranges, many of which are military ranges.

A far more sensible way of legislating for those rifles would be to keep them as Section 1 with a few modest security requirements—for example, the bolt having to be kept at a licensed club, separate to the rifle, the ammunition being secured at a club with usage being signed for in and out and being on the owner’s firearms certificate.

I am delighted that, following debate in the other place, Her Majesty’s Government have thought again and will have further consultation. My concern is, first, that this round of consultation must be a vast improvement on the last one, which was universally regarded as heavily flawed, and that Her Majesty’s Government do not try to slip a quiet little clause into the Bill during its passage through your Lordships’ House. I am certainly not intimating that the Home Office might be disingenuous; I am simply rather an old hand on gun legislation.

[Lord Robertson of Port Ellen]

I am grateful to the noble Earl for giving way. If the case is as strong as he makes out, why was the Home Secretary convinced that criminal elements in Northern Ireland and on the mainland were likely to use the .50 calibre weapons?

[The Earl of Shrewsbury]

It is my belief that, as my noble friend Lord Robathan said—he served for a long while in Northern Ireland—that was a one-off case of an imported, illegal .50 calibre used. That is the only time, to my knowledge and to the knowledge of the shooting sports associations, that a .50 calibre has been used in criminal activity. That was for material use as well as human destruction.

Surely if the police have issued certificates which also control the amount of ammunition that can be possessed, they have done so because the good reason test for possession has been justified. Therefore, the Government must review the original consultation and bring forward a proposal which is better worded to meet the needs of public safety. If this were done and further evidence offered to support the need for a ban, in the event of MARS and lever release becoming subject to Section 5 prohibition, I would strongly support the view of the British Shooting Sports Council and support an amendment by which the possessor of such rifles could have them converted to a straight-pull or bolt action function and thus retain them on a Section 1 certificate. In the view of the BSSC experts, which I wholeheartedly support, surrender and the cost involved in either conversion or deactivation would attract compensation. This compensation was mentioned in the policy statement, as I said. I should be happy to table such an amendment in due course, unless HMG wish to table their own.

I turn to air rifles and air weapons in general. I am aware that the Government have stated that they will consider what action or actions might be appropriate with regard to air weapons. That is fair enough, but there must be a thorough consultative process—a process which would have the support of the BSSC. A while back, on a Starred Question concerning air weapons, a noble Lord opposite from Scotland mentioned that we should follow the Scottish Parliament’s lead in legislating for the licensing of air rifles. Heaven forbid. That process north of the border has been an unmitigated disaster which has achieved absolutely zero benefit to the safety of the public.

I turn to medical issues relating to firearms licensing. I can do no better than quote the BSSC’s view on this matter. This issue affects every firearms certificate and shotgun certificate holder in England and Wales. The EU firearms directive mandates in Article 5.2 a medical assessment of every applicant for a certificate. In England and Wales, there is no consistency of practice between police forces, nor is there any consistency of the fee charged to the applicant by his or her GP for a medical assessment.

What is required is, first, a compulsory and once-only medical records check by the GP in response to a police inquiry about the physical and mental health of the applicant; secondly, an enduring marker to be placed by the GP on the patient’s medical record, noting that he or she may be in possession of firearms or shotguns, to ensure that thereafter the GP is reminded to draw to police attention any future adverse change in the patient’s health which may have a bearing on their abilities safely to possess a firearm or shotgun; thirdly, an agreed reasonable fee for the GP’s original medical records check and placing of the enduring marker; fourthly, an extension of the life of firearm and shotgun certificates from five to 10 years, which would reduce pressure on licensing departments and police forces; and, finally, protection of the confidentiality of applicants’ and certificate holders’ data. Despite warm words from my honourable friend Nick Hurd, there appears to be inaction by the Government to bring that forward, although it has the backing of both the BSSC and the All-Party Parliamentary Group on Shooting and Conservation.

In conclusion, I agree with suggestions that a firearms advisory committee should be established, provided that it is statutory. My experience as a former chairman of the then FCC was first class. On that committee, we had representatives at most senior levels of the police, forensic scientists, shooting organisations and those who supported gun control. That committee demonstrated a true ability to work well to address complex technical and legal issues. Further, we developed a rapport and an excellent working relationship with the police, instead of the usual perceived combative attitude so often held by some elements of both sides.

I rest my case and look forward to hearing my noble friend’s comment on the issues I have raised when she winds up.