Oral Answers to Questions

Grahame Morris Excerpts

Tuesday 5th June 2018 Commons Chamber

[Lucy Frazer]

The hon. Gentleman will know that 99% of people who claim legal aid in the Crown courts are granted it. He will also know that in the report he identified, although there are some unrepresented defendants, most people surveyed said that did not make a difference to outcomes.

[Grahame Morris (Easington) (Lab)]

3. What steps his Department is taking to help offenders access (a) housing and (b) benefits on release from prison.

[The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)]

A home provides a released offender with a stable platform and increases their chances of finding a job, accessing health services and tuning their lives around. The Government aim to eliminate rough sleeping by 2027. As part of this commitment, my Department will work with the Ministry of Housing, Communities and Local Government to pilot initiatives, helping those with a history of offending to access and sustain suitable accommodation. We are also working closely with the Department for Work and Pensions to explore ways of enhancing the current benefit claim system.

[Grahame Morris]

I thank the Minister for his response, but I recently supported a constituent who, after six months in prison, had successfully kicked his drugs habit. After being released from prison with no housing or benefits in place, he had to rely on former associates for support. He has now returned to drugs and his chaotic lifestyle—the one he wanted to escape. Does the Minister believe that lack of supervision and support for offenders leaving prison is likely to increase or decrease reoffending?

[Mr Gauke]

We must work across government to ensure that those circumstances do not happen. It is right that we engage with local authorities, the MHCLG and the DWP to ensure that the support is there, and we also need to make sure that the probation service is working as it should to provide support for those offenders.

Oral Answers to Questions

Grahame Morris Excerpts

Tuesday 18th March 2014 Commons Chamber

[Mrs Mary Glindon (North Tyneside) (Lab)]

12. What progress he has made on his plans for changes to the probation service.

[Grahame M. Morris (Easington) (Lab)]

15. What progress he has made on his plans for changes to the probation service.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

We are making good progress with our transforming rehabilitation reforms, which will realign current probation structures to address the gap that sees 50,000 short-sentenced prisoners released on to the streets each year with little support. The new structures will come into effect on 1 June. The process of reallocating staff to those new structures is now complete.

--- Later in debate ---

[Chris Grayling]

We have a strong slate of potential bidders in every part of the country, with a good mix of private and voluntary sector expertise and some attractive partnerships that can deliver real results for us. We will see later in the summer who emerges successfully from the bidding process, but I am completely confident that we have a strong candidate in every part of the country.

[Grahame M. Morris]

The Minister accuses us of looking backwards, but his transforming of rehabilitation services programme is controversial and fraught with difficulties. Does he agree with his permanent secretary, Ursula Brennan, who told the Public Accounts Committee last week that if the Ministry of Justice was not ready to take the next steps, it would not do so—or would he press on regardless?

[Chris Grayling]

It is precisely because we are confident in the process that we are moving to the next stage. We will take it a step at a time, and we will always take steps to address issues of public safety. The Opposition, having identified the problem of offenders going without supervision, and having legislated to deal with it while in government and then done nothing about it, are now attacking us for wanting to do something about it. They have no ideas themselves.

Probation Service

Grahame Morris Excerpts

Wednesday 30th October 2013 Commons Chamber

[Chris Grayling]

Let me address the issue of the risk register. The previous Government produced risk registers, but they never published them. A risk register is an internal working document designed to tell the team working on a project the steps that they need to take to ensure that untoward things do not happen. One of the things that we are doing in planning this project is, of course, aiming to deliver a transition that is as seamless as possible and protect the public. The difference this will make is to provide supervision for those people who are walking the streets and committing crimes, leading to more victims of crime today. That is what these reforms are all about.

[Grahame M. Morris (Easington) (Lab)]

If the Minister is interested in providing a quality service, why have probation trusts been forbidden to bid to run the new community rehabilitation companies? The trusts have the expertise.

[Chris Grayling]

Our probation staff are not prohibited from bidding. We have teams of staff who are preparing mutual bids, some of which will, I hope, be successful. They are receiving help from the Cabinet Office to do so, and we are hoping to see members of our current team take this opportunity, win contracts, and go on to make a real difference.

Firearms Controls

Grahame Morris Excerpts

Tuesday 3rd September 2013 Westminster Hall

[Grahame M. Morris (Easington) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Sheridan. Thank you for allowing time for this important debate. In my remarks I will try not to be party political or partisan. I recognise that the first role of Government is the defence of the realm, but equally important is the duty to protect public safety. On firearms controls, it is important that lessons are learned from recent tragedies, to ensure public safety.

This debate has arisen following the tragic deaths of Susan McGoldrick, Alison Turnbull and Tanya Turnbull at the hands of Susan McGoldrick’s partner, Michael Atherton, on new year’s day 2012. At that time, rather than be steamrollered into making rash comments and judgments, I appealed for a calm and considered public debate.

The shootings claimed the lives of four people—including Michael Atherton, who took his own life—and they came as a shock to the tight-knit former mining community of Horden. Following such incidents, when emotions are running high, there is inevitably a demand for immediate action, which can lead to ill-considered changes to the law that, in the fullness of time, are considered to be counter-productive.

I stress that there has been no such kneejerk reaction in this particular case, and I am grateful to the Minister and to Labour Front Benchers for meeting Mr Turnbull and other family members to listen to their point of view. Indeed, the victims’ family have conducted themselves with the utmost dignity. Bobby Turnbull, who sadly lost his mother, sister and aunt in the shootings, has campaigned tirelessly to try to bring some positives out of a most tragic situation. I pay tribute to him because he has ensured that firearms controls remain on the political agenda, and his fight for tougher gun laws is a message that has been delivered to Ministers and shadow Ministers. I thank my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), the shadow Home Secretary, for meeting my constituent Bobby Turnbull.

Two inquiries into the Horden shootings—an investigation by the Independent Police Complaints Commission and the report of the coroner, Andrew Tweddle—have now been completed. Both inquiries have reported, and they highlight a number of serious failings, both in the existing licensing process and with the decisions to accept Mr Atherton’s application and to return firearms to him following repeated incidents that should have raised questions about his suitability to possess such deadly weapons.

I welcome the Government’s proposal to revise the existing guidelines, which are both complex and convoluted, running to in excess of 200 pages. Considering all the available evidence, I believe that the only way to safeguard the public is through legislation mandating that chief police officers conduct a full review of background checks on applicants and that those checks involve GPs, the police and, equally importantly, previous and current domestic partners.

There should be a presumption to refuse applications where there is a pattern or evidence of behaviour indicating violent conduct; I do not mean a single violent outburst, but a clear pattern or evidence of domestic violence or where there are concerns about mental illness or substance abuse. Such an approach is in stark contrast to the current legal requirement for the police to make just a single home visit prior to issuing a licence.

As I am sure the Minister is aware, one in three women killed by their domestic partner is shot with a legally owned weapon, which is an incredible number. According to the stats that I have seen, two women a week are killed—not necessarily with a firearm—by a husband, partner or ex-partner. I am surprised by the statistic that, in some areas of the country, police are reporting that as many as one in five calls received relate to incidents of domestic violence. That indicates the scale of the issue.

A history of domestic violence should be a clear marker that an individual applying for a licence is unsuitable for gun ownership. I stress that I am not making a case for outlawing gun ownership. I am not anti-guns; I simply want to ensure that the legislation that we have is fit for purpose and for protecting public safety.

I have previously raised concerns about the effectiveness of strengthening the guidance, particularly if those processing the applications are not aware of the existing guidance. I am pleased that the Minister is here, because I previously asked him how effective any new guidance would be given that there is evidence that not all officers involved in the licensing process are aware of the current guidance from the Home Office and the Association of Chief Police Officers. He told me—I am sure it was not his intention to mislead me or the House—that he is sure that officers do understand the guidance, and he said that new guidance would be issued by the end of the year, which it has been.

I advise the Minister, however, that the 12 March 2013 report on the Horden shootings by the coroner, Andrew Tweddle—I understand that the Home Office was sent a copy—states that

“not all individuals involved in the licensing process were aware of the existence of the Home Office and ACPO guidance documents both published in 2002 let alone the detailed contents thereof.”

It is all very well to say that we have the toughest licensing regime in the world, but if the officers charged with implementing the guidance have not read the guidance, or are not familiar with it, there is a major failing in the system.

[Ian Mearns (Gateshead) (Lab)]

It has come to my attention that, across the police authorities in the north-east of England, there has been a relatively significant increase in the number of firearms licences issued in the past couple of years. I am concerned about that, given everything that my hon. Friend has outlined. I am particularly concerned about the number of legitimately owned firearms used in domestic violence cases, often leading to the death of one of the partners.

[Grahame M. Morris]

I am grateful for that intervention, which makes an important point. In preparing for this debate, I looked at statistics on page 66 of the Office for National Statistics document on crime in England and Wales in 2000. In England and Wales, one in three women killed by their partner is shot with a legally owned weapon. Some 64% of those murders involve shotguns.

The figure regularly cited by the Home Office and Labour party in press releases is that the incidence of domestic violence murders is two a week. According to the most recent figures, for 2011-12, 88 women—about 1.7 a week—were killed by their partner or ex-partner. I am sure that hon. Members will agree that that is a large number.

[Karl MᶜCartney (Lincoln) (Con)]

It is a pleasure to serve under your chairmanship as ever, Mr Sheridan. I thank the hon. Gentleman for giving way, and commend him for following through with this issue. We have debated it previously, and I am sure that we will debate it in future.

I would like to examine some of the statistics that the hon. Gentleman is using. He cited the percentage of females killed by partners using shotguns, but then gave a statistic of 88 females killed; I am not sure that all those 88 were killed by shotguns or other firearms. As an aside, has he spoken with or even gone to shoot with any shooting organisation as part of his no doubt extensive consultation before coming to this debate? Also, is he aware that in one in three domestic violence cases, the victim is male?

[Grahame M. Morris]

The hon. Gentleman’s question is in three parts, which I will try to answer. The source for the figure of 88 women killed by their partner or ex-partner in 2011-12 is an ONS report. I qualified that by saying that in England and Wales, one in three women killed by their partners is shot with a legally owned weapon, and 64% of those murders, or almost two thirds, involved shotguns.

The hon. Gentleman asked whether I had been involved with the shooting fraternity. I have never shot a shotgun or rifle, but that does not prevent me from holding a legitimate opinion. I have never taken cocaine or heroin, but I have a view on what the legal framework should be in respect of the use of those substances.

[Karl MᶜCartney]

I am sorry to interrupt the hon. Gentleman in the middle of his answer. I advise the former, but not the latter.

[Grahame M. Morris]

Point taken. I note the hon. Gentleman’s concerns. I am not suggesting that all cases of domestic violence result in deaths from firearms; I am suggesting that if it is possible for licensing officers to assess history and patterns of domestic violence as part of the process, that could substantially reduce the number of fatalities. That is the point that I am trying to make, in a rather laboured fashion.

[Ian Mearns]

Given the significant proliferation of legally held weapons in our society—in the north-east of England, where the population is about 2.6 million, there are about 90,000 legally held firearms licences—and the proliferation of domestic violence cases, when a domestic violence case is reported and there is a pattern of it in a family, the police authorities or chief constables should be asking officers to check automatically whether a firearms licence is held by the perpetrator of the domestic violence.

--- Later in debate ---

[Grahame M. Morris]

That is an eminently sensible suggestion. I also have a couple of points to put to the Minister that I hope will elicit some consideration in a reply.

[Roger Williams (Brecon and Radnorshire) (LD)]

The hon. Gentleman makes a good suggestion. I am surprised that that is not being done at the moment. I once asked the police to attend at a particular place to prevent a breach of the peace. One of the people involved was later refused a shotgun licence, and blamed me for asking the police to attend. Such things are taken into account.

[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.

[Geoffrey Clifton-Brown (The Cotswolds) (Con)]

I am grateful to have caught your eye, Mr Sheridan, during this important debate on firearms control. I congratulate the hon. Member for Easington (Grahame M. Morris) on securing it and for the moderate and reasonable way in which he portrayed his case, particularly the dreadful incident involving Mr Atherton and some of his constituents, for whom we all have great sympathy, particularly those who legally hold firearms certificates, and the shooting fraternity. Whenever such an incident takes place, it tarnishes the shooting community and those who legally hold firearms certificates. I welcome the Minister because he knows a great deal about the subject and always handles it sympathetically and pragmatically.

We all want a robust firearms-licensing system to prevent cases such as those the hon. Gentleman has talked about, but I emphasise that such incidents involve a mere 0.01% of firearms licence holders in this country. Such cases are dreadful and dramatic, but involve a very small number of those who legally hold firearms and shotgun certificates. In this debate and in Parliament we are discussing giving the police more time to deal with those cases and to ensure that such people never hold a firearms certificate. I totally agree with the hon. Gentleman on that, but I do not agree that the way of dealing with the matter is through further legislation. We must ensure that existing legislation works properly.

First, I will outline how the Home Office’s new guidelines will protect people suffering from domestic violence. So much of the debate today has been about that. Secondly, I will highlight the importance of the guidelines being implemented properly. Finally, I will specifically mention the Atherton case, which occurred in the hon. Gentleman’s constituency.

The new guidance published by the Home Office recently includes specific provisions to ensure that individuals with a history of domestic violence are not entrusted with a firearms licence. As part of that guidance, police offers are told that they should speak to the family of any applicant with a known history of domestic violence and that speaking to an applicant’s spouse or partner might be considered essential. Such discussion would be in complete confidence and a partner would not be asked to approve or not approve a firearms licence. That guidance will ensure that the correct consultation takes place when anyone with a history of domestic violence applies for a firearms licence.

While the hon. Gentleman was speaking, I was thinking that when I first became a Member of Parliament 21 years ago the law did not require police officers to investigate domestic violence at all unless bodily harm was involved. That shows how far we have come on domestic violence and I suspect that the law and practice relating to firearms certificates and domestic violence have not caught up with the general trend in society.

[Grahame M. Morris]

Perhaps I was a little unclear about the specific case, but domestic violence was cited by the officers who sought to revoke Atherton’s shotgun licence. A senior officer looked at case law and, because a firearm was not used in the four earlier recorded incidents of domestic violence, the judgment was made that the courts would not support revocation of his firearms licence. The guidance is not strong enough in such circumstances and we must ensure that the courts will back up the police.

[Geoffrey Clifton-Brown]

I am grateful for the hon. Gentleman’s intervention. I know a little about the subject, and I think it is often easier for police officers to grant or re-grant a firearms or shotgun certificate than risk the possibility of judicial review. In fact, they should be more robust and say no if they believe that someone should not be granted a shotgun or firearms certificate and should, if necessary, defend the case robustly at judicial review. In my experience that does not always happen and it is when it does not happen that there are problems such as the Atherton case. There was clear evidence, which I will come to later, that the police should have decided to revoke the certificate. In any case, I think the new guidance that was published at the end of 2012 will help. I have no doubt the Minister will mention it in his summing up and I look forward to hearing what he says.

--- Later in debate ---

[Geoffrey Clifton-Brown]

That is precisely why I do not want to see any further legislation in this area. I want to see it consolidated into one completely clear piece of legislation, so that for the 43 police forces—if we have to have 43, rather than one national licensing authority—it will be easier for their firearms licensing officers to interpret exactly who should have a certificate and who should not. I repeat that it is the 0.01% that we need to be concentrating on to see whether they should have a certificate. Those are the people who wreak such havoc, causing damage and loss of life.

The Minister has previously highlighted that firearms control in the UK is already among the toughest in the world, and he is right. However, where there are gaps, we need to ensure that that they are tightened up, but further legislation is not the way to go about it. After all, the majority of gun crimes are carried out with illegally held firearms. If the guidelines are applied consistently across all 43 police force constabularies, they will succeed.

That brings to me to my third and final points. The actions of Michael Atherton, in the constituency of the hon. Member for Easington, were appalling under any circumstances, and no one wants to see them repeated. He should never have been given a firearms licence, given his history. Indeed, in September 2008, following an incident where he threatened to commit suicide, his guns were taken away from him. However, they were returned to him later. I heard what the hon. Gentleman said about the possibility of judicial review in the courts, but if the police reckon that they had the grounds to take them away from him in the first place, surely they had the grounds to ensure that he did not get them back again, unless there was compelling evidence that something had changed. As far as I am aware from the case’s circumstances, nothing had changed. It was a catastrophic error on the part of the Durham constabulary, as his licence should have been permanently revoked, as it almost certainly would have been in similar circumstances under a different police. Had the guidelines been followed by the Durham constabulary and Atherton’s licence revoked, we would not have seen the tragic events in the hon. Gentleman’s constituency.

The case highlights the importance of police forces using published guidance, because that clearly was not used in the Atherton case. That was highlighted during the inquest, which the hon. Gentleman referred to, following the tragedy, where officers dealing with Atherton’s licence claimed never to have seen the Home Office or ACPO guidance. Those guidelines had been published 10 years previously, so there is little excuse for a firearms licensing officer to be unaware of them. It is obvious that if a police force does not use the guidance given to it, these tragedies will occur.

[Grahame M. Morris]

rose—

[Geoffrey Clifton-Brown]

I will happily accept the hon. Gentleman’s intervention, but before he speaks, I was about to make a comment that may be the subject of his intervention. This issue concerns the training of police firearms licensing officers. Given that there are only 43 constabularies, and given that most constabularies only employ one or two firearms licensing officers—so we are dealing with between 40 and 80 officers, because some forces amalgamate the function among themselves—it should not be too difficult to ensure that they all receive better training. I happily give way to the hon. Gentleman.

[Grahame M. Morris]

The hon. Gentleman has anticipated my intervention and answered my point. What he said would be completely sensible, and I find it difficult that the Home Office and Ministers say that it is not practicable. It clearly is, and it is in the interests of public safety to do it.

[Geoffrey Clifton-Brown]

The hon. Gentleman and I agree on a great deal of things surrounding the whole issue—except, perhaps, on the need for additional legislation.

It is obvious that if police forces do not use the guidance given to them, these tragedies will continue to occur. In similar cases, other police forces have used the guidelines to revoke the licences of individuals who have displayed patterns of inappropriate behaviour. It is that failure that needs to change to ensure that people like Atherton are never given access to firearms. Increasing the amount of legislation around firearms will not improve public safety any more than implementing the current guidelines.

Let me return to where I started. The Atherton case was a dreadful tragedy and I praise the hon. Gentleman’s constituent, Bobby Turnbull, for his campaign. It is right to ensure that effective measures are in place to prevent firearms from landing in the wrong hands. I note, however, that there are 146,000-odd firearms certificates in England and Wales, up to the end of March 2013. That was up 3.2% on the year before, slightly refuting the comments of the hon. Gentleman’s neighbour, the hon. Member for Gateshead (Ian Mearns), about the huge proliferation of firearms. There are 570,726 shotgun certificates in existence. That is up 1.4% compared with the year before. This is where the 0.01% of serious incidents comes from; there are a very large number of firearms and shotgun certificates in existence and an incredibly low number of significant incidents. Having said that, one incident is too many, and that is what the debate is all about today.

I strongly believe that further legislation is not the best way of achieving our aims. If new Home Office guidelines are listened to and implemented by police forces across the country, we should never again see the tragedy that took place in County Durham. The incident was not a failure of the law or of the guidelines; it was a failure to implement them consistently across the country.

[Mr David Hanson (Delyn) (Lab)]

I join other Members serving under your chairmanship, Mr Sheridan, in addressing this important issue. I congratulate my hon. Friend the Member for Easington (Grahame M. Morris) on bringing the matter of gun control to the House again and on raising it so effectively on numerous occasions.

The debate is about a specific aspect of gun control: how we reduce the small percentage of gun deaths resulting from actions taken by individuals with a history of domestic violence or of alcohol and other problems. We have had a useful debate, including the contribution from the hon. Member for The Cotswolds (Geoffrey Clifton-Brown), which contained nuggets worthy of pursuit. He raised issues about the way in which firearms are licensed, which the Minister should address. Although there was a swathe of his comments I cannot agree with, he has raised some important points.

It is also worth mentioning that the hon. Members for North Herefordshire (Bill Wiggin), for Lincoln (Karl MᶜCartney), for Brecon and Radnorshire (Roger Williams) and for Strangford (Jim Shannon) have taken the time to come to the debate to intervene and to add their expertise to our discussions.

My hon. Friend the Member for Easington approached the issue in a measured, reflective and considered way. On his doorstep, he has faced what can only be described as an enormous tragedy, with Mr Michael Atherton’s murders of Susan McGoldrick, Alison Turnbull and Tanya Turnbull on 1 January 2012. That has highlighted to him a way in which we could tighten the legislation to prevent such incidents in the future. As he said, he has not jumped to conclusions; he has looked at this matter.

I, too, have not jumped to conclusions; I have looked at what the Home Affairs Committee, the Independent Police Complaints Commission, Durham police and ACPO have said about the steps the Government could take to mitigate the circumstances we are talking about. I agree with the hon. Member for The Cotswolds that they may be small in number, but that does not mean we should ignore the issue. There is real merit in looking not only at the guidance, but at whether we need legislative back-up to reduce the potential for incidents such as the one that took place in my hon. Friend’s constituency last January.

I fully accept, as the hon. Member for North Herefordshire said, that this boils down to judgment. Judgment is important, but it is now coloured by not only the old guidance, but, potentially, the new guidance issued this month. However, it can also be coloured by legislation, and my hon. Friend made the case for small tweaks during the passage of the Anti-social Behaviour, Crime and Policing Bill to strengthen previous and current guidance, applying additional rigour and scrutiny to applications for gun or shotgun licences. It is that potential which I support.

As we have heard, there is a pressing need for action better to control firearm violence, small though the number of cases may be. My hon. Friend pointed out that one in three women killed by their domestic partner is shot with a legally owned weapon. Some 64% of those murders involved shotguns. In the past 12 months, 75% of female gun deaths occurred in a domestic setting; in 2009, the figure was 100%. Whatever our view of the small number of deaths caused by shotguns or guns, that figure shows that a high percentage of women who die in domestic violence situations do so as a result of someone using a gun or shotgun.

[Grahame M. Morris]

Those are important figures. Members are saying that the problem is relatively small, given the large number of licences that are issued, and that people use firearms properly. However, evidence from Canada suggests that if we went down the route I suggested, we could dramatically reduce the number of fatalities—particularly those where partners or ex-partners involved in domestic violence use a firearm.

--- Later in debate ---

[Damian Green]

I am as concerned as the hon. Gentleman that the use of confidential data should be controlled so that it is serving a specific purpose, proportionate and done in an appropriate way. Indeed, the issue that he has brought up has been brought to my attention by other hon. Members, so I am very aware of it.

However, I think that the practical problems that the coroner revealed are different from there being issues with the licensing process at national level. I am satisfied that the existing test in law for the grant or renewal of a firearm or shotgun certificate remains appropriate, but there are indeed issues about how the current law is applied in individual cases, which I will come to shortly.

[Grahame M. Morris]

I thank the Minister for the considered way in which he is responding to various points made in the debate by me and other hon. Members, but we cannot overlook the fact that the coroner discovered, having questioned the two police officers who were the licensing officers in Durham, that not only were they not familiar with the guidance—they could not quote the various sections—but they claimed that they had not seen it, had not referred to it, as a working document.

I am not suggesting that every force was the same, but surely a simple solution is to ensure that there is adequate training of licensing officers, not just in Durham—I might say that that has been properly addressed now by the new police and crime commissioner—but throughout the country. I know that there will be a cost to that.

[Damian Green]

I agree with the point; I shall come to the training point in a moment, if the hon. Gentleman will bear with me.

Overall, the low rates of gun crime in this country support the view that the legislation is robust. Figures from the Office for National Statistics, which my hon. Friend the Member for The Cotswolds cited, show that firearms offences account for fewer than 0.2% of all recorded offences. Provisional figures show that in the 12 months to March 2013, there was a 15% fall in firearms offences, and the volume of firearms offences has more than halved—it is down by 54%—since its peak in 2005-06.

Nevertheless, I, like everyone else, am deeply concerned by the fact that Atherton had been permitted to continue to possess guns despite a history of domestic violence that was known to the police. I want to make it very clear that, although each case must be assessed on its merits, evidence of domestic violence and abuse will generally indicate that a person should not be licensed to possess a gun. To that end, on 31 July we published new firearms guidance on domestic violence as a specific issue. It sets out how the police should handle firearms applications where it may be a factor.

It has been proposed that it should be mandatory that the partners of firearm applicants are directly involved in the process and that they should be interviewed to establish whether they support the application. We sought views on that proposal, including those of domestic violence organisations, and our collective conclusion is that we should not adopt that approach. We are concerned that it could put victims of domestic violence at greater risk, particularly if an application is subsequently refused; or they may feel unable to speak openly for fear of reprisals.

My hon. Friend the Member for Brecon and Radnorshire (Roger Williams) said that he had been regarded as instrumental in preventing a licence from being granted and he was subsequently blamed for that. Imagine how much more difficult it would be for a potential or actual victim of domestic violence to be put in that position. We think that it is better to have a system in which the police can interview widely if the evidence suggests that that is merited. It can include interviews with partners or ex-partners. In that way, their views can still be sought, but without making them a specific and identified component of the decision-making process.

The firearms guidance on domestic violence provides a framework for the police in handling cases sensitively and linking up with domestic violence teams and other agencies. I intend this revised guidance to have a real and positive impact in supporting the police to make robust and evidence-based decisions on applications where domestic violence is a factor.

During this debate, much of the time has been spent discussing legislation. The hon. Member for Easington and the shadow police Minister, the right hon. Member for Delyn (Mr Hanson), have said that new guidance is not enough and that we must go further and change the law. The hon. Gentleman co-sponsored the new clause that was debated during the Committee stage of the Anti-social Behaviour, Crime and Policing Bill. That new clause was designed to amend the Firearms Act 1968 to mandate that background checks be carried out by the police and to introduce a presumption in favour of the refusal of an application where there is substantiated evidence of violence, mental illness or drug and alcohol abuse.

The right hon. Gentleman has already advertised that he has tabled a similar new clause for Report in October. In Committee, I explained why we do not support such an amendment to the Firearms Act, and that remains our position—I will spare the right hon. Gentleman the speech that he heard from me a few weeks ago—mostly because the police can already take these factors into consideration when they consider a firearm application.

The Firearms Act specifies that, before a licence can be issued, the police must be satisfied that the applicant can possess a firearm or shotgun without danger to public safety or the peace. As I said, the revised guidance, which we issued in July, after the Committee stage of the Bill, sets out the factors, including any history of domestic violence, that must be considered in more detail. I believe that the law is sound in this respect and there is no need to change it. In fact, inclusion of that level of detail in the firearms guide, rather than in law, enables it to be updated rapidly when necessary. I invite the right hon. Gentleman and the hon. Gentleman to consider that point.

It has also been suggested that the firearms guide should be statutory or an approved code of practice. I do not think that that would be the right way forward, either. The law provides the police with discretion in recognition of their responsibility for issues of public safety in local areas. That is important because each application is different and needs to be considered on its merits. I have not seen any evidence or heard any compelling arguments to indicate that that is the wrong approach.

I should say that I am not ruling out legislation in all areas of gun control, because we have introduced legislation to combat the illegal import and supply of guns. That will help to tackle the threat posed by middlemen who supply firearms that are used to harm others, particularly by gangs and organised criminals. The Anti-social Behaviour, Crime and Policing Bill will increase the maximum sentence to life imprisonment for illegal importation and exportation. We are also creating a new offence of illegal possession of a prohibited weapon for sale or transfer. That will also carry a maximum penalty of life imprisonment and will attract the mandatory minimum sentence within the existing legislation.

Oral Answers to Questions

Grahame Morris Excerpts

Tuesday 21st May 2013 Commons Chamber

[Mrs Grant]

I categorically do not agree with what the hon. Lady has said. The Government are absolutely committed to tackling domestic violence and violence against women and girls. We have set up a national taskforce, led by my right hon. Friend the Minister for Policing and Criminal Justice, to protect children and vulnerable people from sexual violence. We have also opted into the EU directive on combating child sexual exploitation and will continue to do everything we possibly can to ensure that vulnerable people are protected from the devastating crimes that can do serious long-term harm.

[Grahame M. Morris (Easington) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

I would like briefly to update the House on our proposed changes to the regime in our prisons. I think that the public rightly expect that prisons should be a place of punishment and rehabilitation. For too long prisoners have been handed privileges such as in-cell television, DVDs and association time as a reward for simply keeping out of trouble. That is not just unfair at a time when the rest of the country is doing without; it is a shamefully wasted opportunity. That is why we have announced a major overhaul of our incentives and earned privileges schemes in prisons. We want to see prisoners earning their privileges by working hard to turn their lives around. We have banned certificate-18 DVDs, subscription TV will be removed by the summer, prisoners will in future have a longer working day, and if they behave badly or do not engage with rehabilitation activities they will be stripped of their privileges. That is designed to improve confidence in our prison regime and to encourage positive rehabilitation activities within our prisons.

[Grahame M. Morris]

I would like to ask the Secretary of State about his plans to privatise the probation service. Following the Olympics security debacle, why does he believe that companies such as G4S are suitable providers to manage low and medium-risk offenders, including prolific burglars, drug-users and those convicted for domestic violence, if they could not manage Olympic security? How will he guarantee public safety?

[Chris Grayling]

What I want for our probation service is the best of the public, private and voluntary sectors: the public sector has high-quality skills in managing the risk of harm; the private sector can deliver a more efficient system, so that we can release funds to support those offenders who get no support at the moment; and the voluntary sector has the kind of mentoring skills we so desperately need to help people turn their lives around.

Oral Answers to Questions

Grahame Morris Excerpts

Tuesday 19th March 2013 Commons Chamber

[Chris Grayling]

I very much agree with that, and, of course, the measures in the Crime and Courts Bill open the door to our doing that for the first time. I wish to see us recover funds from those who can afford to pay for their own defence.

[Grahame M. Morris (Easington) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

Last week I launched the “legal services on the international stage” action plan. It sets out the immense contribution Britain’s legal services sector can make both to reinvigorate our economy and to ensure that Britain remains ahead in the global race. Legal services employ 340,000 people nationwide, and contribute over £20 billion to the UK economy. Beyond London, the north-west, Scotland and Wales are also emerging as centres of excellence. The Government want to encourage and export Britain’s leadership in this industry. The action plan we have published sets out how we intend to do that. It requires opening up legal markets abroad and selling the benefits of British law firms and the English legal system, as well as championing our offer to overseas legal students. I am sure the House will want to back our industry and the efforts both my Department and UK Trade & Investment are making to help our businesses spread our footprint around the world.

[Grahame M. Morris]

I thank the Justice Secretary for his reply, but may I draw his attention to the Public Accounts Committee’s damning report on the Ministry of Justice’s handling of the court translators contract? Again it is a case of being penny wise and pound foolish. Two hundred cases in England and Wales had to be cancelled, costing the public purse millions of pounds. Experienced and trained translators are still refusing to work with Capita, which was awarded the contract. Will the Minister, as part of his action plan, rescue our justice service and abandon this failed contract?

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

I hear what the hon. Gentleman says, but we are working very closely with Capita. Our success rate is good, but it can, of course, improve, and it will improve. The British taxpayer will save some £15 million per annum as a result of this contract, and I am fully convinced that the new contract will be more accountable, transparent and effective than the old one.

Oral Answers to Questions

Grahame Morris Excerpts

Tuesday 13th November 2012 Commons Chamber

[Mr Speaker]

We are ahead of schedule, but the hon. Member for Easington (Grahame M Morris) is in his place and we can safely proceed to topical questions.

[Grahame M. Morris (Easington) (Lab)]

T1. If he will make a statement on his departmental responsibilities.

[The Lord Chancellor and Secretary of State for Justice (Chris Grayling)]

With your permission, Mr Speaker, I would just like to say a few words about the Abu Qatada case. I strongly support the comments that the Home Secretary made yesterday, and would indicate to the House that my Department will do everything it can to support the Home Office in its efforts to get Abu Qatada deported. All of us believe that the law should not operate in this way, and this case underlines my view that there is a real need for major changes to the way in which the European human rights framework operates.

[Grahame M. Morris]

May I refer the Under-Secretary of State for Justice, the hon. Member for Maidstone and The Weald (Mrs Grant) back to the answer she gave a few moments ago in response to the hon. Member for Warrington South (David Mowat)? Given the importance of this to victims of workplace accidents and industrial diseases, will the Minister meet a small delegation of Labour MPs to receive representations on the implications of the proposal to amend the ceiling on small claims compensation?

[The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)]

Yes, I would be happy to meet the hon. Gentleman and the delegation.

Firearms Controls

Grahame Morris Excerpts

Wednesday 31st October 2012 Commons Chamber

[Grahame M. Morris (Easington) (Lab)]

I am grateful for the opportunity to raise this issue; I know that a number of right hon. and hon. Members on both sides of the House are interested in this subject.

In the early hours of the new year, I was greeted in my constituency by the shocking news that four people had lost their lives in a shooting in the close-knit former mining community of Horden. They were Susan McGoldrick, 47, her sister Alison Turnbull, 44, and niece Tanya Turnbull, 24, as well as the gunman, Michael Atherton, 42, who turned the gun on himself.

Following the shooting, I called for a calm and measured response, but the high emotions at the time were not conducive to constructive debate. In the months that followed, I had the opportunity to meet family members on a number of occasions. They have acted in a considered and dignified manner throughout, and looked for practical improvements that will hopefully avoid such tragic circumstances, and such a tragedy, befalling another family.

A public debate on firearms licensing is still needed, and the time is right for the public and Parliament to consider whether the current level of protection is adequate. It is said that Britain has some of the toughest gun control laws in the world, but we should not be complacent. Current firearms laws consist of 34 separate pieces of legislation, which is complex and difficult to navigate for the police and the public. The Home Office’s official police guidance is more than 200 pages long. The rules are difficult to interpret, and their application can vary greatly across the 43 police forces responsible for issuing firearms licence certificates.

[Keith Vaz (Leicester East) (Lab)]

rose—

[Grahame M. Morris]

I will give way to my right hon. Friend, the Chair of the Home Affairs Committee.

[Keith Vaz]

I congratulate my hon. Friend on securing this debate. He will know that it is two years since the Home Affairs Committee published its report on firearms control and suggested that the 34 pieces of legislation be codified. Does he agree that it is now time to bring those pieces of legislation together, and make it clearer for people who have applied for and received licences, and for those who seek to get one?

[Grahame M. Morris]

I am grateful for that intervention; it was delivered with some authority and I completely agree. The Home Affairs Committee investigation and report into firearms control urged the Government to codify and simplify the law, introduce one licensing system to cover all firearms, and strengthen the current safeguards.

[David Tredinnick (Bosworth) (Con)]

I am grateful to the hon. Gentleman for kindly giving me leave to intervene in his Adjournment debate. I wish to raise the issue of the Olympics, and the inability of our pistol team to train in the UK. Does he agree that although we must consolidate the legislation and perhaps ensure that it works more effectively, we should go back to Lord Cullen’s original suggestion, which would allow gun clubs to keep disabled pistols, so that we can train Olympic athletes of the future in this country?

[Grahame M. Morris]

The hon. Gentleman raises an interesting point and I will come to some suggestions about how we might address that issue.

The Association of Chief Police Officers firearms and explosives licensing working group has called for a single form of certificate that

“remains desirable for safety and economic reasons”.

In terms of public safety, and in contrast to a section 1 firearm, shotgun applicants are not required to demonstrate a good reason for wanting a shotgun. I believe it important that people demonstrate that they have a need or use for a firearm, before they are granted a licence.

In evidence to the Home Affairs Committee, Mrs Gill Marshall-Andrews of the Gun Control Network said:

“The starting point should be that guns are lethal weapons and the onus should be on the applicant, somebody who wants to own a gun, to prove that they are”

a fit person to have one.

[Ian Mearns (Gateshead) (Lab)]

I congratulate my hon. Friend on securing this debate. The House should be concerned about firearms licences and licensees. Just after the summer, it was reported that no fewer than 3,000 legitimately owned and licensed firearms were reported lost, missing or stolen in the previous 12 months.

[Grahame M. Morris]

That alarming statistic is one of a number that should exercise the minds of hon. Members, and it adds weight to the need for a full public debate.

It should no longer be acceptable to have a shotgun without a good reason. A good reason would have to be demonstrated by the same criteria that current firearms certificate holders must meet. Good reasons for holding shotgun licences include dealing with vermin or game, target shooting at an approved venue or club, or for professional use in employment, but evidence is needed to justify those reasons. It is difficult for many, including me, to comprehend why someone would need access to firearms in a domestic setting when there is little need for immediate access to a weapon.

One of the greatest weaknesses identified by the shooting fraternity is the variation in standards across police forces. For that reason, a national licensing authority has been proposed to provide central oversight, and to ensure the consistent application of licensing procedures. Such an authority would also have the advantage of removing the police from the administrative aspect of firearms licensing, and will allow them instead to focus on the enforcement of gun controls. The financial burden of the licensing regime could also be removed from the police while ensuring that public safety remains paramount. In evidence to the Home Affairs Committee, Bedfordshire police presented a cost analysis that showed that the firearms application fees in place since 2000 never represented the true cost to the forces processing applications. Rather than the current firearms certificate fee of £50, a fee of £150 has been proposed. I am not advocating that—an appropriate fee could be determined by any new central licensing authority.

[Jim Sheridan (Paisley and Renfrewshire North) (Lab)]

I perhaps should know, so my hon. Friend might have to excuse my ignorance, but does the proposed legislation cover air guns, which can be just as dangerous?

[Grahame M. Morris]

There are concerns across the piece. Whether air guns are covered depends on the definition of air gun, but I hope to come to that in a few moments if my hon. Friend bears with me.

Public safety must be the primary aim of gun control legislation, but it is clear that the police, in view of significant budget cuts, can no longer afford to subsidise the licensing system. We heard in the debate a few moments ago of hon. Members’ concerns about 20% cuts in police budgets in their areas.

[Ian Lavery (Wansbeck) (Lab)]

I congratulate my hon. Friend on securing this debate, which is on an emotive point for him. Does he agree that all aspects of firearms control should be a major concern and top of the agenda for prospective police and crime commissioners?

[Grahame M. Morris]

My hon. Friend makes a good point. We are only a few weeks away from the elections for police and crime commissioners. I have discussed the issue with Ron Hogg, who is a PCC candidate in County Durham, and who has some expertise in the matter. It is important that this is a local priority, but I also suggest that we should have a national framework laying down guidelines—something stricter than guidelines, in fact—to be applied evenly. Part of the problem is that we have a patchwork of arrangements.

We cannot do firearms licensing on the cheap at the risk of compromising public safety. There is also a strong case for strengthening the link between the licensing authority and medical professionals when considering an application for or a renewal of a firearms certificate. We need early and proactive intervention when a firearms holder’s mental and physical health deteriorates.

[Chris Williamson (Derby North) (Lab)]

I congratulate my hon. Friend on securing this important debate. Does he agree that public safety would be improved if a prohibition was placed on the private storage of firearms in people’s homes, if people with a firearms certificate were subject to an annual medical test to assess continually whether they were a fit and proper person to hold one, and if a public register was available so that the general public knew who had access to a firearm? The atrocities that we see are often committed by people who have been deemed a fit and proper person when originally given a firearms certificate.

[Grahame M. Morris]

That is a good point well made.

[Karl MᶜCartney (Lincoln) (Con)]

Will the hon. Gentleman give way?

[Grahame M. Morris]

I will respond to the last intervention, and then I will take another one. I do not intend to declare war on the armed wing of the Tory party. I am not opposed to shooting per se. I am saying that people should be able to demonstrate a clear legitimate need before a firearms certificate or shotgun licence is issued.

[Karl MᶜCartney]

I commend the hon. Gentleman for some of the points he has raised, but I find the naivety of the previous intervention worrying, because producing a public register of those who own any sort of firearm might be a thief’s charter. I would like to know what experience of shooting or holding a firearm or shotgun licence he has.

[Grahame M. Morris]

I have no experience. I have never held or shot a gun, but I have experience of a terrible tragedy in my constituency on new year’s day. I am attempting to share my experience with Members and to advocate having a review in the interests of public safety.

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Gentleman for the balanced way he is approaching this subject. I am concerned that the focus seems to be on legitimate firearms holders, the majority of whom are law-abiding. Will he reassure sporting Members and others throughout our local communities who enjoy the sport that this debate is not going down the road to remove firearms from those who have a legitimate right to hold them?

[Grahame M. Morris]

I hope I have made that point. I am not proposing that people with a legitimate need to hold firearms, such as farmers and so on—there is a whole list of such people—not be allowed to hold them. That need should be declared as a reason for holding a certificate, and the police or the licensing authority would take it into account.

In a case in my constituency in 2008, Michael Atherton had his weapons revoked following threats to self-harm, and issues relating to mental health and gun ownership were also a factor in the case of Christopher Foster, who shot his wife, his daughter and himself after confessing suicidal thoughts to his GP.

I understand that the Association of Chief Police Officers and the British Medical Association have an agreement whereby the police alert GPs to any new applications for and renewals of firearms licences. However, concerns remain where an applicant fails to disclose full and accurate medical information at the time of application or renewal. Applicants are required to provide a number of medical details, including whether they suffer from any

“medical condition or disability including alcohol and drug…conditions”.

They also have to declare whether they have ever suffered from epilepsy or been treated for

“depression or any other kind of mental or nervous disorder”.

However, that information is not routinely checked. Licensing officers approach medical professionals only when there are doubts about an applicant’s medical history, although Dr John Canning—again, giving evidence to the Home Affairs Committee on behalf of the BMA—stated that GPs are “not very often” asked to provide medical evidence, although it happens “from time to time”.

Following the case of Christopher Foster, the Independent Police Complaints Commission proposed in 2008 that the licensing force should be required to approach the applicant’s doctor in each case, in order to obtain confirmation that the medical information provided in the application was correct. The omission of information from a firearms application was also an issue in the case of Mark Saunders in 2006, which ended in his being killed by the Metropolitan police. Mr Saunders failed to declare during the application process that he had been treated by a consultant for depression and for his tendency occasionally to drink more than was sensible—indeed, he had been referred by his GP. Unfortunately, on his application for a firearms licence he stated that he had no such health problems.

In my view, the solution is to ensure that each applicant knows that licensing officers will approach their GP as a matter of course to verify statements made on their application about their health, to ensure they are correct and accurate. My proposal would address failures by an applicant to disclose any medical problem that raises questions about their suitability to own and have free access to a firearm. Finally, I call for greater consultation between the licensing authority and those who are or have been a domestic partner of a potential applicant. A similar system is already in place in Canada, where all citizens applying for a firearms licence are required to have their present and past partners in the previous two years sign their application. Refusal to sign for any reason does not automatically mean that the police and licensing authorities will veto an application, but it will trigger further investigation by law enforcement officers. The Canadian requirements merit further exploration, and I would appreciate it if the Minister informed the House of any progress made on this matter.

There has been no knee-jerk reaction. These proposals are considered, practical measures that, if implemented, could allow the consistent application of firearms legislation, strengthen existing safeguards and ensure public safety while maintaining the rights of the shooting fraternity to have access to firearms where there is a good and legitimate purpose for their use.

Oral Answers to Questions

Grahame Morris Excerpts

Tuesday 18th September 2012 Commons Chamber

[Mrs Grant]

I hear what the hon. Gentleman says, but we firmly believe that, while meritorious claims will continue to be made, unnecessary and avoidable claims have to be deterred. Legal aid will, of course, be available for those who need it most, and for the most serious cases, under the exceptional funding rules.

[Grahame M. Morris (Easington) (Lab)]

3. What assessment he has made of the effect on victims’ services of the work of police and crime commissioners.

[Nigel Mills (Amber Valley) (Con)]

13. What assessment he has made of the effect on victims’ services of the work of police and crime commissioners.

[The Minister for Policing and Criminal Justice (Damian Green)]

We expect that the needs of victims will be one of the key priorities for police and crime commissioners and that the effect on victims’ services will be a positive one. PCCs will be ideally placed to commission the most appropriate services to support victims in their area.

[Grahame M. Morris]

Will the Minister explain how the necessary funding will be provided to the police and crime commissioners so that they can protect those services for witnesses and victims of crime?

Sentencing Reform/Legal Aid

Grahame Morris Excerpts

Tuesday 21st June 2011 Commons Chamber

[Mr Clarke]

I had better refer my hon. Friend to the consultation document. He has taken up this matter in the past, and we have readdressed the question after listening to his and other people’s recommendations. We have defined much more closely the use of the telephone advice system and concentrated on those areas in which we think that it is of value. When he looks at our response to the consultation in detail, I think he will find that we have gone in the direction that he would have wished.

[Grahame M. Morris (Easington) (Lab)]

I note that the Justice Secretary has said that legal aid will no longer be routinely available in clinical negligence cases. That will cause a huge problem: people will be denied justice and compensation after suffering injury or worse as a result of malpractice or clinical negligence. Will he explain his justification for that decision?

[Mr Clarke]

Well, 80% of clinical negligence cases are already undertaken on a no win, no fee basis. Only 20% by number are done using legal aid. That is why we think that no win, no fee is probably the better way forward, and also why we will implement Sir Rupert Jackson’s recommendations to ensure that the costs to all parties are kept down and in proportion. Far too often under the pre-Jackson rules, the health service has found itself paying out at least as much in legal costs as in compensation to victims. On the whole, negligence cases have moved steadily towards no win, no fee arrangements for those who cannot afford the fees. That gives wider access, because legal aid is restricted through a very tight means test.