Firearms Controls

Bill Wiggin Excerpts

Tuesday 3rd September 2013 Westminster Hall

[Grahame M. Morris]

It is not automatic. One problem is inconsistency in how various police forces go about their task. I was about to ask the Minister about the training of licensing officers. While I welcome the Government’s and his commitment on new guidance, the basic problem is that it is still guidance, not a change in the law as such. When I have sought advice from people who are legally qualified—I have a deal of service in local government, and we often dealt with guidance on housing benefit and so on—the advice that I have got is that the legal status of the revised guidance is the same as that of the old guidance, which was clearly found wanting. We need a change in the law to mandate chief police officers to act in a particular way. We need to toughen up the laws in that area to deal with domestic violence.

One way to address the point made by the hon. Member for Brecon and Radnorshire (Roger Williams) is formal training for police officers who deal with firearms licences. The issue was noted by the coroner in his report on the Horden shootings. No formal training was available to officers in 2006-07 in Horden, where the perpetrator, Michael Atherton, applied for shotgun and firearms licences. More concerningly, it is evident that even today, after the lessons from Horden and other incidents around the country, little formal training is offered to police officers. The expectation is effectively that police officers learn on the job, presumably from more experienced colleagues. That could be hugely problematic and lead to enormous variations around the country.

Despite recognising in the introduction to the revised guidance published in December 2012 that firearms legislation and the subject of firearms generally are complex and highly specialised, the Home Office and Ministers provide no assurances that officers will be provided with suitable training. The guidance states:

“It is not practicable to provide comprehensive training for every police officer on the administration of the Firearms Acts.”

It should be possible. I hope that the Minister will offer some insight or clarification on what training is being made available to officers processing firearms applications. I do not believe that Home Office guidance alone is a suitable replacement for comprehensive training for officers determining firearms applications.

I have raised concerns about training because, like many people to whom I have spoken, I find it difficult to understand how, even with the old guidance that applied before December 2012, Mr Atherton, the shooter in the Horden case, was able to obtain and then retain his firearms; they were revoked for a period in 2006. The Home Office guidance states that consideration should be given to any of the following factors:

“Evidence of alcohol or drug abuse that may indicate that a person is unfit/unsuitable to possess a firearm due to the possible impairment of judgement and loss of self-control…Evidence of aggressive or anti-social behaviour, which may include domestic disputes…Evidence of disturbing and unusual behaviour of a kind which gives rise to well-founded fears about the future misuse of firearms. A pattern of abuse should generally be regarded more seriously than a single incident, although isolated incidents should not be disregarded in the assessment of the person concerned and their fitness to possess a firearm.”

From looking at the case, from talking to the family and the people involved and from looking at the coroner’s and Independent Police Complaints Commission reports, there was clear evidence to suggest that Mr Atherton was unsuitable to possess a firearm. I can detail the reasons.

[Bill Wiggin (North Herefordshire) (Con)]

I agree that we should do all we can to prevent any sort of death by firearm, but, clearly, from what the hon. Gentleman has said, at some stage a judgment needed to be made, and the judgment was wrong. No amount of change in the law can alter a subjective judgment, which the police officer who gave back those weapons got wrong. Does the hon. Gentleman agree?

[Grahame M. Morris]

It is an interesting intellectual argument about risk assessment and judgment. We need to ensure that the processes in place are robust enough, that the responsible officers in Durham or the hon. Gentleman’s constituency are suitably trained and that the guidance is fit for purpose to protect public safety. My concern from the evidence, perhaps with the benefit of hindsight, is that the guidance is not fit for purpose and could, relatively straightforwardly, be tightened up. There is an opportunity to do that shortly, because of the legislation going through the House.

In the Michael Atherton case, there were concerns and there were opportunities to revoke his licence. However, the police were concerned about not having sufficient backing from the courts. The case file includes a note from the firearms licensing supervisor, the officer in charge of the two officers who actually did the licensing: “4 domestics”—four incidents of domestic violence—the most recent being on 24 April 2004, which was two years before the licence was issued. According to the note, Michael Atherton

“was cautioned for assault. Still resides with partner”,

whom he subsequently murdered. The supervisor continued:

“Would like to refuse—have we sufficient info—refuse re public safety”.

That concern seems to have been passed up the chain of command, but it was not acted on, because of legal advice to Durham constabulary indicating that there were no grounds to refuse.

At the inquest, Chief Superintendent Carole Thompson-Young cited a similar case, not in Durham but in a different force area, in which a gun owner won an appeal after having his licence revoked, because,

“the judge deemed that the person was entitled to have a gun because there had been no gun used in relation to domestic violence”.

The police, therefore, are mindful of that when doing risk assessments; they are defensive about being counter-sued, and we must examine that issue.

Even when police forces have correctly followed the guidance, therefore, they have not always received the support that they should from the courts. I have received no indication that stronger guidance would resolve the matter, but a change in the law mandating comprehensive checks, with a presumption to refuse an application when there is evidence or a pattern of violent conduct, domestic violence, mental illness or substance abuse, would provide the required safeguards. My contention is that we need to change the law.

Mr Atherton had his firearms removed following an incident in September 2008 in which he threatened to self-harm, and that highlights a number of questions that were overlooked, ignored or not given the attention that they deserved at the time. The case involves multiple failures, which unfortunately led to the loss of life. I would like to be standing here today saying that it could never happen again—we have learned the lessons, the Minister has tightened up the guidance and everything is in place to prevent a similar tragedy—but I do not believe that to be the case. At the very least, I would like to say that we have done all we can to mitigate the risk and to make another such incident less likely.

On GPs, I hope that the Minister will support my efforts and those of the Turnbull family, who are calling for a check with GPs, domestic partners and the appropriate authorities as a matter of routine, with a presumption—if not a requirement—to refuse an application when there is a pattern or evidence of behaviour indicating violent conduct. The British Medical Association, according to the brief that was circulated this morning, clearly has some concerns about being involved in risk assessment, and some GPs feel that they do not have the necessary qualifications to express a professional opinion. Some GPs—and some MPs—are asked to countersign firearm certificates, but they say that they are certifying applicants as a fit person to hold a certificate on a personal rather than a professional basis.

[Bill Wiggin]

I think it is true that someone must have an assessment as well.

[Grahame M. Morris]

That is the case under the guidance on checking with GPs, including the revised guidance, but a complete package would include the police being mandated through a change in the law, with a presumption not to issue a certificate in such circumstances.

The costs are contentious, in particular for the shooting lobby, which has a large fraternity in my constituency. In the current economic climate and given the coalition’s policies, although I am not seeking to make a party political point—[Interruption.] No, I am not, I am trying to be helpful. The public deserve the proper levels of protection and want to have confidence that the system is robust, but additional checks would be more time-consuming and involve a cost, so that cost should not fall on the individual police authorities, as would be the case at the moment. The Government have made a particular allocation to the Home Office for the police service, so additional costs should not have to be balanced by cuts elsewhere. It is only fair and reasonable that the cost of the licence, including any more onerous regulatory regime, should be reflected at least in part, if not completely, in the fee. That would be right and proper.

Those seeking to possess a firearm should meet the true cost incurred by the police in processing the application. I do not want the police in my area or any other to say, “Well, we were hampered from carrying out the necessary checks, because we didn’t have the requisite resources.” I urge the Government to allow the police to increase the cost of firearm licences to somewhere near the true cost of processing. That would go some way towards meeting the stated aim of the Home Office guidance: that the protection of the public is paramount.

We cannot legislate to mitigate every risk. I am not suggesting that we can, but my proposals for sensible and considered changes to the Firearms Act would significantly enhance public safety in a way that revising the guidance does not. I like to think that these proposals are a calm and measured response and evidence based. I call on the Minister to act on them and to use the opportunity of the legislation currently going through Parliament, which completed its Committee stage just before the recess, to introduce the requisite amendments.

--- Later in debate ---

[Geoffrey Clifton-Brown]

My hon. Friend—I call him that because I know he knows a great deal about the subject—is absolutely right. Of course, a balance must be struck and, as he said earlier, often a judgment must be made. If an experienced firearms-licensing officer, hopefully with the appropriate training, has made a judgment that a licence should never have been issued or should be revoked, they should stick to that judgment robustly, even if it leads to judicial review.

My hon. Friend is right, and there is always a process that must be gone through, inquiries to be made, and a judgment to be reached. The experience of firearms officers should ensure that a wise judgment is made. According to the guidelines, every new incident of domestic violence should automatically prompt a police review and police officers would not have to rely only on actual convictions of domestic violence in making their decision, allowing them to use their discretion on whether they believe an applicant is suitable to hold a firearms licence.

My second point is the lack of need for specific legislation on firearms licensing. I understand that the hon. Member for Easington wants consistent application of the rules throughout all 43 police forces and I strongly agree with him. It is critical that the guidance on firearms control is implemented fairly, equally and consistently throughout the country. I have spoken to the Minister about that and I believe that he has some sympathy with it.

I agree that it would be more rational to have a national licensing authority instead of licensing decisions being made separately by 43 different authorities. That would achieve much greater consistency in the application of the guidelines and gun licensing legislation, as well as being quicker and cheaper for applicants. It would ensure that all current shotgun or firearms licence holders are immediately entered on the police national database.

[Bill Wiggin]

I wholeheartedly agree that a national firearms register is the right way forward, but ultimately the visit will have to be done by a local officer, so we will return to the problem of a subjective judgment needing to be made. At least the cost would be consistent and uniform, because I fear—I hope my hon. Friend agrees—that forces such as West Mercia police in my constituency are trying to add to the cost of owning a firearm in the hope of discouraging people. That must be wrong.

[Geoffrey Clifton-Brown]

I thank my hon. Friend for that intervention. I will refer in a moment to the Driver and Vehicle Licensing Agency and licences. I envisage that many local police firearms officers would still be employed by the national agency to make the local inquiries, so there would still be an element of localism in a national firearms licensing organisation.

If the new guidelines are recognised and implemented consistently throughout the country, they will be able to protect against inappropriate decisions being made. The guidelines are there to be implemented, and it is crucial that they are used by police officers when making decisions on issuing firearms licences.

In line with that consistency, I also want to see an improved system of health checks for firearms licence holders, which the hon. Member for Easington also talked about. We need to have proper arrangements in place so that doctors are required to pass on any related health developments to the police. One way of achieving that may be to negotiate such an obligation into the GP contract. That duty must be done on a continuous basis, and not just at the application or renewal stage of a firearms licence. That is because a very small number of people’s medical circumstances can change dramatically; for example, if they become a severe depressive, or addicted to alcohol or drugs. That should be reported to the police by a medical professional and should lead to serious consideration of a revocation of a licence, which in normal circumstances, only occurs every five years. There should also be a robust check when a licence is granted or re-granted to assess whether any information is being withheld by the applicant from the doctor or police.

--- Later in debate ---

[Mr Hanson]

That is worthy of examination. Nobody is saying that the two women per week killed by a husband, partner or ex are killed with shotguns or guns. However, if a significant body of evidence says there is a high correlation between gun deaths of women and domestic violence, the issue is worthy of consideration.

[Bill Wiggin]

One must never underestimate the importance of doing everything we can to combat any form of domestic violence. However, I urge the shadow Minister to be careful, because two thirds of these murders—that is what they are—are not caused by firearms.

Are people applying for guns so that they can murder people? No, they are not. Does the fact that guns are available force somebody to go to a gun cupboard, unlock it, take the gun out and commit murder? If that is the process they go through, it does not matter what the law says, because they are determined to commit a crime so serious that they deserve to go to prison for the rest of their lives. We have to be careful to think about why these things take place, rather than how they take place.

[Mr Hanson]

I am grateful to the hon. Gentleman for that important point, which we need to reflect on. However, other domestic violence deaths occur because of the use of the body—the hands—or of day-to-day items around the house, such as knives. We cannot control or legislate for such potential activity, but we can reduce the risk posed by access to shotguns, which are not day-to-day items readily available around the house, where there is substantiated evidence that people—this is not about all the hon. Gentleman’s constituents or all my constituents—are guilty of violent conduct, domestic violence, or drug or alcohol abuse. That, in a sense, is what the guidance said previously, and it is what the revised guidance, announced at the end of July and issued by the Minister, is trying to do.

The discussion we had in the Committee considering the Anti-social Behaviour, Crime and Policing Bill, and the discussion we are having today, is about whether we could back up that guidance with the rigour of legislation. That would reduce the ability of the courts to make a determination about the judgment of the police. ACPO has made representations to me, saying that police forces refused an application for a firearm licence on three separate occasions, but, despite the deputy chief constable or the chief constable appearing in court to defend the decision, the courts upheld the appeal because there were not sufficient legal grounds to refuse the individual’s application.

If we look at the wording of my new clause 4 to the Anti-social Behaviour, Crime and Policing Bill, which will be debated in October—[Interruption.] I hope the hon. Member for North Herefordshire will examine it with interest. Let me tell him, however, that I doubt it is perfect; I do not have the great back-up of the Home Office, as I once did when I held ministerial office. However, the Minister does, and he could reflect on the principle of new clause 4 over the next few weeks before Report to see whether legislative back-up of the guidance is practicable and deliverable. That would at least ensure that we had a black-and-white judgment, rather than a judgment based on a court interpretation.

Members do not need to listen to me, although I hope they will. They could, however, listen to the Independent Police Complaints Authority. Having looked at my hon. Friend’s constituency case, it said in its first recommendation:

“The Home Office should revise the current legislation and guidance to allow for a single uniform test for the assessment of suitability and fitness to possess both firearms and shotguns. ‘Fitness to be entrusted’ should form a specific element of the shotgun application process to ensure clarity and consistency around both applications.”

The word “legislation” was included by the IPCC. In finding 3 of the report it said:

“The Home Office, Association of Chief Police Officers (ACPO) and the College of Policing should devise clear guidance and tighter restrictions around applications for firearms or shotgun certificates”.

I venture to suggest that the guidance element has been examined, but will the Minister confirm that to date the IPCC’s legislation recommendation has not been met?

--- Later in debate ---

[Damian Green]

My hon. Friend makes a perfectly valid point. We are taking a number of steps, as I explained. The College of Policing is producing a new standard, which all forces, obviously, will apply. As he knows, we are moving to a different licensing system, which will be online.

We are making other changes—for example, a new single form for firearm and shotgun applications is due to be introduced shortly. I hope that greater consistency will be built into the system from the start. It is impossible for any Minister to guarantee that all 43 police forces will perform at the same level in all areas of activity. We all recognise that there are likely to be better and worse performers in each area. It is sensible to ensure that the system is flexible, clear, as simple as possible in this complex area, uses new technology to assist with the desirable changes we want and guarantees the consistency and competence that people of all views wish to see.

I shall talk briefly about the Select Committee on Home Affairs report, because the right hon. Member for Delyn mentioned it.

[Bill Wiggin]

Like me, the Minister is disturbed, I am sure, by the domestic violence figures we heard today. We will never know how many victims would have been murdered had the murderer not had access to a firearm or shotgun, but we can know, if he would be kind enough to find out, how many times a shotgun or firearms certificate holder has committed an offence and not reached for a gun. Whatever sort of crime is committed, if it involves a firearm or shotgun certificate holder, it must be logged in police records. Will he write to me, when he knows what the numbers look like?

[Damian Green]

I hesitate to answer off the top of my head. I suspect that cross-referencing someone’s being the legal owner of a shotgun with their committing a crime is the sort of information that would, to use the phrase, “be available only at disproportionate cost.” I cannot guarantee to find out the information, but I take the point my hon. Friend makes.

The Government support shooting sports and are not opposed to the possession of firearms for legitimate purposes. The vast majority of firearms are used responsibly and safely and the controls must be proportionate and administered fairly. We intend to keep firearms controls under review, so that public safety is protected and to minimise the risk of tragic events occurring, such as those last year in the constituency of the hon. Member for Easington.

I am carefully considering the IPCC recommendations with that approach in mind. A good deal has been achieved over the past year, which is helping to ensure that firearms controls are as effective as they can be, and that will continue over the coming months. I welcome this debate as part of that process.