Scotland Bill
Debate between David Mundell and Joe Benton(13 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
David Mundell
There are definitions in the 1968 Act of certain weapons. A BB gun is not defined as a type of gun in that regard. It would be within the remit of the Scottish Parliament to make provisions in that regard as part of its ongoing responsibilities.
The clause will allow the Scottish Parliament the freedom to design its own controls over air weapons, while allowing the UK Government to retain a consistent regulatory framework across the UK for the most dangerous weapons. That will send the clear signal that the UK does not tolerate deadly weapons. As I have said, it is important to note that we are considering not what law on air weapons should apply in Scotland, but who should be responsible for taking that decision. The clause will not automatically create a separate regime in Scotland, but it will give the Scottish Parliament responsibility for that decision. Any consideration of an alternative regime will require the Scottish Government, the Scottish Parliament and other stakeholders to listen to all the views represented in Scotland and, crucially, to work through any cross-border issues that arise.
Amendment 39 would ensure that the 1968 Act continues to apply until the Scottish Parliament puts a new regulatory regime in place.
The Temporary Chair (Mr Joe Benton)
Order. I am sorry to interrupt the Minister, but the background noise is getting too high and it is difficult to hear. I want to hear the Minister.
David Mundell
Thank you, Mr Benton.
I assure my hon. Friend the Member for The Cotswolds that the control of air weapons in Scotland will not fall into a state of limbo. By devolving power, we are not disapplying the present regime, but simply allowing the Scottish Parliament to change the laws that currently apply to air weapons, should it so wish. Until such a time, the existing rules will apply. I therefore suggest to my hon. Friend that his amendment is unnecessary.
Amendment 17 would prevent the Scottish Parliament from putting any controls on air weapons intended for use in recognised international sporting competitions. The Government recognise the legitimacy and responsibility of those who take part in safe and undoubtedly well-regulated use of air weapons for target shooting purposes. We fully accept that individuals engaged in such activity are highly unlikely to misuse their weapons.
I also understand concerns that devolved powers could be used in such a way as to prevent such competitions from taking place in Scotland and that that would affect disciplines in the Commonwealth games. Although I understand that the air pistols and air rifles used at that high level of competition are relatively expensive and built to high specification for their grip and accuracy, it would be difficult in practice to distinguish those intended for such use from other high-spec weapons that are used in lesser competitions or for hunting small game or for vermin control.
The Calman commission took the view, and the coalition Government agree, that there is a case for air weapons being controlled at the most local level. We must accept that the natural result of devolution is that separate rules may apply in different areas of the UK. Apart from the question of principle, it would be confusing and potentially difficult to split air weapons into different categories when there is no clear difference in muscle energy between a gun used for competition shooting at an international level and one used for lesser competitions or other sporting purposes.
Amendment 38 would restrict the power of the Scottish Parliament to air pistols and air rifles with a muzzle energy below 6 foot/lbs. That means that any air rifle that has a muzzle energy between 6 and 12 foot/lbs would not be subject to any new controls that the Scottish Parliament tried to introduce, but remain subject to the Firearms Act 1968. Most modern air rifles fall within that range. Anything above what is already declared to be “specially dangerous” by rules made by the Secretary of State under section 53 of the 1968 Act becomes subject to the requirement to hold and abide by a firearms certificate under section 1 and will not be devolved. It is right to retain a common framework across Great Britain for the most lethal weapons. As I have already said, I see no reason to try to split responsibility for the lower powered air weapons that we are devolving in the Bill. Calman did not recommend that, and it is wrong that the Scottish Parliament should not be able to exercise control over the majority of air rifles in use today.
Amendment 3 would omit the words in the exception to the reservation, which provides for the Home Secretary to retain powers for declaring air weapons “specially dangerous”. Those are subject to stricter controls because they need to be tackled on a consistent basis throughout the United Kingdom. The effect of declaring an air weapon “specially dangerous” is that it becomes subject to the requirement to hold and abide by a firearms certificate under section 1 of the 1968 Act. Currently, air pistols that generate a muzzle energy in excess of 6 foot/lbs and other air weapons that generate a muzzle energy in excess of 12 foot/lbs are declared to be specially dangerous for those purposes.
In essence, air weapons that are the subject of such rules or orders are classified as firearms under section 1 or prohibited weapons under section 5. Since the regulation of such firearms and prohibited weapons will remain reserved, as recommended by Calman, it follows that the power to decide what is a section 1 firearm or a prohibited weapon should also remain reserved.
Amendment 18 would address cross-border issues, which several hon. Members raised. We should remind ourselves that the Bill is simply devolving the power to regulate air weapons—not setting out the framework for regulation itself. Any discussions about future operational challenges are therefore largely hypothetical at this stage. How far any alternative regime will differ from that which applies in England and Wales has yet to be determined. As I said, I encourage my hon. Friend the Member for The Cotswolds to try to ensure that the debate that he set out this evening moves to the Scottish Parliament, if it is to consider those matters. Of course I accept that there could well be differences in its approach to controls, but that is a natural consequence of devolution.
The Scottish Government will, of course, need to consider carefully how any new controls in Scotland will dovetail with the law in England and Wales, Europe and the rest of the world. I am sure that they will consult widely if they choose to change the law. If the Scottish Government introduced licensing for air weapons, they would need to consider what form of temporary licence a visitor from outside Scotland needed on or before entry. Any such temporary licence could not be checked if the visitor’s first port of call was England or Wales, so the Scottish Government would need to think about how they might enforce such a requirement.
The Temporary Chair (Mr Joe Benton)
That is not really a point of order to which the Chair can respond, but I will allow the Minister to clarify the position.