Offensive Weapons Bill

Baroness Hamwee Excerpts

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

[Baroness Hamwee (LD)]

My Lords, returning to the Offensive Weapons Bill, I do not think I have ever had quite so much enthusiasm and encouragement for a speech as I received before the Statement. I hope I do not disappoint.

I start by declaring an interest as a board member for the charity Safer London, which works with young people to prevent entry into crime and assist exit from crime. I agree with much of what has been said this afternoon, including thanks to the Library for its excellent briefing.

A month or so ago, we had a debate in this House on serious violence, which followed seamlessly from a debate on schools: the issue of school exclusions—one of the results of a focus on attainment, one might say—was one of the issues that cropped up again in the serious violence debate. The ideas that we shared during that debate on cross-cutting issues, a cross-sectoral approach and a public health approach are in my view more likely to be fruitful than much of what will come out of the debate over the weeks and months—who knows?—on this legislation. The witnesses to the Public Bill Committee in the Commons also applied the language of health to addressing violence. Rob Owen of the St Giles Trust talked about intensive care and similar points have been made during this debate. The noble Lord, Lord Tunnicliffe, referred to early intervention; others have made the same point.

I could sum up the position of these Benches, as set out in the speech by my noble friend Lord Paddick, as “underwhelmed”. Yet again, we are in danger of thinking that legislation is the answer, even when we have adequate legislation in place and—as pointed out by the noble Baroness, Lady Newlove, and my noble friend Lord Storey—of not addressing the symptoms of the problem. I am one of those who has my keys in my hand when feeling insecure at night.

I start, as the noble Lord, Lord Ramsbotham, did, at the end, as it were—on sentencing, especially the sentencing of children and young people and on short sentences. I say “at the end”, but for many offenders a sentence of imprisonment is actually the end of the beginning; it amounts to an induction course in crime. The House will be well aware of the opposition of these Benches to mandatory sentences—an issue that we addressed during the Counter-Terrorism and Border Security Bill running concurrently with this Bill.

Anne Longfield, the Children’s Commissioner, was one of those who made that point as a witness to the Public Bill Committee. She said:

“I know that when we criminalise children there is one path. We know that over the last two or three years, there has been a doubling of children, under 18, who are in prison because of knife crime. Once they are in there, we know that 68% reoffend, so there is one route. My position is firmly on preventing that from happening, and using that as a trigger”.—[Official Report, Commons, Offensive Weapons Bill Committee, 19/7/18; col. 86.]

Indeed.

We might take a slightly different view if mandatory sentences, as they currently apply and are proposed in the Bill, were not custodial. I do not apologise for repeating the observation of the Chief Inspector of Prisons that there is not a single custodial establishment in England and Wales that is safe to hold children and young people. I had taken heart from the Justice Secretary’s apparent opposition to short prison sentences but, as so often, the quiet, thoughtful approach is drowned out by a more simplistic knee-jerk reaction so that it can be said, “The Government are doing something. They’re sending a message”.

I am grateful for the briefings from the Prison Reform Trust and the Standing Committee for Youth Justice. We are reminded that by removing judicial discretion, the proposals work against the guidelines of the Sentencing Council. They acknowledge the importance of considering the individual child and his circumstances in a way that legislation inevitably cannot.

Does a custodial sentence act as a deterrent? There does not seem to be evidence of that, given the rising numbers of children convicted of relevant offences, many of whom feel the need to provide their own protection—or what they see as protection. I was horrified to read of children now carrying acid for protection as well as knives.

I would have thought that the chances of being caught were more in a potential offender’s mind, so it is inevitable that we should refer to police resources, as the noble Lord, Lord Bilimoria, did. I myself would much rather see taxpayers’ money spent on local policing and diverting children—both under-18s and those who are a few years older, a point made by the noble Earl, Lord Listowel—away from the formal youth justice system rather than on expensive custody, which is ineffective in terms of diversion from crime but too effective in consolidation towards crime.

The Bill extends the legislation on knives and introduces provisions on corrosive products or substances—we might be debating those terms—although, as my noble friend tells the House, this may not be new after all. I am of an age where my tendency is to hark back to the old days, and I include the Prevention of Crime Act 1953 in that. I am sure we will be reminded that the police and the CPS will apply both common sense and the well-known tests to, “My mum asked me to take the drain cleaner down to my auntie because she’s desperate and she’s got a houseful for Christmas”, but we should not be having to think about going there.

I have to say that there is much more to consider in these clauses than I had expected. The psychology of the choice of a weapon is interesting: we learn that there are more male victims of acid attacks in London than female. However, what is not in the Bill? How do we take advantage of the teachable or reachable moment that is at the heart of the public health approach? On corrosive substances, the House will benefit from the experience of noble Lords, including the noble Lord, Lord Bethell, and the noble Baroness, Lady Eaton.

Retailers are central to the Bill, and I look forward to hearing from the Minister about the progress of the discussions to which USDAW has alerted us. It tells us that it has met the Minister and described that as a major step towards dealing with outstanding issues, but I am not clear quite what progress has been made. Perhaps she can assist the House.

Local authorities too are central, as are trading standards, which are a part of local authorities, although more needs to be done. We have heard from the noble Baroness, Lady Couttie, in that connection. That raises issues of resources and specific investigatory powers for trading standards officers.

At this point I have one simple question. As I read it, there has been quite a discussion in the House of Commons of barcodes. Has there been any consideration of labelling of the products in question? That would give information to the purchaser as well as to the seller. Has the Home Office actually met local authorities and trading standards to discuss their practice and the day-to-day issues raised by the noble Lord, Lord Lucas, who I suspect is going to have a lot of amendments at the next stage of the Bill? I would also be interested to know what the position is in the development of roadside test kits, which have been mentioned.

My noble friend Lord Paddick raised the issue of whether the reasonable excuse should be a defence or whether it should preclude an offence in the first place—I think few of us had heard of Section 118 until recently, but it has become a sort of go-to provision. The Joint Committee on Human Rights, of which I am a member, has had correspondence with the Minister for Crime, Safeguarding and Vulnerability about the use of persuasive and evidential burdens, and I suspect we will want to follow that up in Committee. The explanation by the Minister that acids are simply being put on all fours with knives as a weapon is not one that I find wholly persuasive.

On firearms, I admit to having to resist bias in myself against anything that in any way normalises guns and does not tighten gun control. The noble Earl, Lord Shrewsbury, and the noble Duke, the Duke of Montrose, will not be surprised at that rather urban outlook. I have to say that I have often found it quite hard to square the Government’s support for rights defenders when the issues are the ownership or use of firearms; it is not quite the same when the rights in question are those of privacy.

In connection with rights, the noble Lord, Lord Singh, rightly reminded us of the cultural and religious issues that are in play here.

The noble Lord, Lord Robertson, asked what to me were rather necessary and important questions about the paradox at the heart of the removal of provisions advised by the services without including the safeguards suggested by those who have an interest in shooting. I too could not get Dunblane, Hungerford and other events out of my mind in thinking about this.

What is the timetable for the consultation about firearms safety? Why can we not do something now that could be rescinded—I do not know whether there would be a disproportionate cost to individuals and the Government—given the shortage of parliamentary time, of which we are all aware? As urged by the noble Lord, Lord Robathan, we must be objective; I will certainly keep on telling myself that.

Lastly, I turn to victims. However, I am uncomfortable about referring to them in my last paragraph, as it were. I do not want to indicate that support for victims is of the least importance—not only in the context of offensive weapons, of course. One lens through which we should keep looking at the Bill is how it will be perceived by individuals who have been victims. Concern for perpetrators, as mentioned at the start of the debate, and for victims, and sometimes for individuals who are both, are not matters that are mutually exclusive.