Scotland Bill

Joe Benton Excerpts

Monday 7th March 2011 Commons Chamber

[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.

--- Later in debate ---

[Tom Greatrex]

On a point of order, Mr Benton. In exchanges on clause 7, the Minister responded to a comment from the hon. Member for Perth and North Perthshire (Pete Wishart) about so-called secret clauses and said that they had been placed on the website of the Advocate-General. We have subsequently sought to find those clauses on that website, but have been unable to locate them, so can you advise the Committee on how we might be able to do so?

[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.

[David Mundell]

I will e-mail the hon. Gentleman with the relevant details.

--- Later in debate ---

[Thomas Docherty]

On a point of order, Mr Benton. You might not be aware, having been in the Chair, but apparently the Scottish nationalists have been tweeting tonight that Labour MPs voted not to devolve Government responsibility to the Scottish Parliament. I would be very grateful if you advised me what we as MPs can do to ensure that all SNP Members are aware of the actual facts, rather than just twittering.

[The Temporary Chair (Mr Joe Benton]

I have heard the point of order, but as it is not a procedural point I cannot rule on it. I am very sorry.

Schedule 2 agreed to.



Clause 13

Regulation of the health professions

Question proposed, That the clause stand part of the Bill.

[Tom Greatrex]

I rise to support clause 13 on the regulation of health care professionals. In some ways, it falls into the same category as the one we described in relation to clause 12. The Calman commission looked at an issue, and in this instance it decided that the best interests of Scotland would be for the issue to be dealt with on a UK-wide basis. The hon. Member for Banff and Buchan (Dr Whiteford) said that her response to the previous issue was not a knee-jerk one; I assume that she or one of her colleagues will now rise to explain that there will not be a knee-jerk response to this issue. There seems to be a pattern emerging: when the Calman commission recommends that things be done at a UK level, it must be wrong, and when it recommends that they be done at a devolved level, it must be right. I am afraid that that does not strike me as consistent with serious consideration of these issues.

Since the passage of the Scotland Act 1998, several new categories of health care professionals have come into existence. In some instances, their regulation has been less than complete, and when they require regulation, it is appropriate that it is done in the same place. That proposal has been supported by the Calman commission and by the Scotland Bill Committee, and it was reflected in the White Paper and in the draft Bill. The Health Professions Council, NHS Lothian and others have supported this as a sensible approach. In evidence to the Holyrood Bill Committee, the Health Professions Council observed that

“there is widespread consensus that a consistent UK-wide approach to the regulation of health professions is both appropriate and beneficial to professionals and the public.”

This is beneficial to the public and consistent for the professionals.

We support the clause instead of trying to find a reason to object to it simply because it reserves a power. That does not strike me as a sensible way of dealing with the issue. However, no doubt the hon. Member for Perth and North Perthshire (Pete Wishart) will now try to enlighten me.