Antique Firearms (Amendment) Regulations 2021

Baroness Williams of Trafford Excerpts

Tuesday 23rd November 2021 Grand Committee

Moved by

[Baroness Williams of Trafford]

That the Grand Committee do consider the Antique Firearms (Amendment) Regulations 2021.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the draft regulations were laid before the House on 14 September. The Committee will recall that it debated the Antique Firearms Regulations on 6 January this year. The regulations introduced a statutory definition of antique firearms to prevent criminals from exploiting a lack of legal clarity to obtain old but functioning firearms for use in crime. The regulations came into effect on 22 March this year and were based closely on long-standing Home Office guidance. They now define in law which firearms can safely be regarded as antique and therefore exempt from control, and those that must be subject to licensing.

Here, I have to issue an apology. Following concerns raised by law enforcement, the new definition does not include seven types of cartridge, which, together with their associated firearms, have featured most often in crimes involving antique firearms. This means that these particular firearms can no longer be regarded as antique. However, owners were able to retain them on a firearms certificate and a six-month transition period was included in the relevant commencement regulations to allow owners to license, sell or otherwise lawfully dispose of their firearms. That transition period ended on 22 September this year.

During the transition period, it was brought to the Government’s attention that a category of cartridges that had previously been included in the Home Office guidance had been inadvertently omitted from the regulations. These cartridges are for vintage rifles, punt guns and shotguns with bores greater than 10. The regulations, which this Committee may recall are unusually technical and lengthy, listing over 450 old cartridge types, went through checks prior to being laid. Regrettably, however, this omission was not picked up. Unless we correct the error, owners of the omitted firearms would have to license them, incurring unnecessary inconvenience and expense, with no benefit to public safety.

--- Later in debate ---

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, the Labour Party supports these regulations. They are largely technical in nature. This instrument corrects an error in the Antique Firearms Regulations 2021. In his summing-up of the brief debate in the other place on 8 November, the Minister, Kit Malthouse, described the whole experience of correcting this error as a “chastening experience” for him and the firearms team at the Home Office, and he expressed the hope that there would not be a recurrence of a similar error in future. I thank him for that candour, and I thank the noble Baroness for repeating the apology.

In 2017, the Government legislated through the Police and Crime Act to provide a statutory definition of an antique firearm. The Home Office consulted on what the cut-off date for manufacture should be, the propulsion systems and the cartridges. This information informed the 2021 regulations. It is these regulations that are being updated. The instrument corrects an omission from the regulations. It amends the schedule to the 2021 regulations by adding cartridges for vintage rifles, punt guns and shotguns with bores greater than 10. It also makes minor corrections to the descriptions of some other types of cartridges in the schedule.

From reading the short debate in the other place and the Library note, I have a few questions for the Minister. First, the territorial extent of this instrument is England, Wales and Scotland. What is the position in Northern Ireland on similar issues with antique firearms? I would be grateful if the Minister could comment on that. Secondly, the Library note explains that the ongoing approach to monitoring and reviewing this legislation is twofold. The first is to establish a non-statutory group of experts who will meet annually to consider the latest developments in the criminal use of antique firearms. Secondly, the Home Office is to carry out a three-year review of the 2021 regulations. Can the Minister say whether these groups have been established and when they are next due to meet?

In his response to the debate on 8 November in the other place, the Minister spoke of the prevalence of the use of antique firearms in criminal activity. He said that the National Ballistics Intelligence Service

“saw a rise in the use of antique firearms between 2008 and 2016, with 95 uses in 2016, and recoveries have decreased slightly.”—[Official Report, Commons, Delegated Legislation Committee, 8/11/21; col. 7.]

He also said that there had been six fatalities since 2006 from the use of these weapons. This data seems very out of date. When would the Minister reasonably expect to have a more up-to-date analysis of the extent of the problem of the use of antique weapons in criminal activity?

Finally, in the other place, my honourable friend Conor McGinn asked the Minister about the new statutory guidance to chief police officers on firearms licensing coming into force. He asked about the information to be provided about any medical conditions, particularly mental health conditions, of people applying for licences. I understand that this is outside the scope of this statutory instrument, but can the Minister say whether the twofold monitoring approach, which I mentioned earlier, will cover developments in mental capacity assessments of those who currently hold firearm licences?

We support these regulations. Our priority, like the Government’s, is to protect the public, and we agree that a systematic, ongoing review of regulations is the best way to achieve this.

[Baroness Williams of Trafford (Con)]

I thank the noble Lords who have spoken in this debate. My noble friend the Duke of Montrose asked whether there is a new type of gun. The answer is no. The classes of vintage rifles, punts and shotguns with bores greater than 10, which were omitted, are now being inserted. Nothing new is being inserted—these should have been inserted in the first place, hence my apology.

As to the definition of antique firearms, that is specified in the Antique Firearms Regulations 2021. They must have been manufactured before 1 September 1939.

The noble Lord, Lord Ponsonby, asked about the territorial extent. It is a devolved approach. They have a similar approach to Great Britain. Shooting in Scotland is covered by the same legislation as England and Wales, apart from air rifles.

I will consult the department on the data when I go back. The noble Lord, Lord Ponsonby, thinks that this data seems to be a bit out of date. The data I have is that the antiques firearms recovered per year in criminal circumstances increased from eight in 2008 to 95 in 2016. The number of recoveries has decreased slightly since 2016, down to 80 in 2020. I will see if I have any more up-to-date information for him. I will also find out for him when the non-statutory groups of experts in the three-year review are due to meet, because I am not sure at this stage.

I hope I have answered all the questions.

[Lord Ponsonby of Shulbrede (Lab)]

I have one additional question. Will the review groups also look at the mental capacity and that other aspect of the licensing process?

[Baroness Williams of Trafford (Con)]

I will definitely get back to the noble Lord on that. I think there has been something on that recently.

[Lord Addington (LD)]

I raised the point that the rifles used by the British Army in 1917 are effectively the same as the rifles used in 1940. The same is true of the German and American armies. Why is there this artificial cut-off? The rifles fire the same bullets. They are using the same calibre of bullets, the same propulsion, the same white powder for the same lethal intent. Some clarification of that would help. If it is about killing capacity, it is there in these slightly older weapons.

[Baroness Williams of Trafford (Con)]

I get the point the noble Lord is making. Clearly, there has to be a cut-off somewhere, but I will find that out for him.

Motion agreed.