Offensive Weapons Bill (Tenth sitting)

Kevin Foster Excerpts

Tuesday 11th September 2018 Public Bill Committees

[Victoria Atkins]

I am extremely grateful to my hon. Friend—in more ways than he could possibly know—for making that point. I know how much work he has done in his constituency, not only to understand the depth of this problem locally but to help law enforcement, and others, in his local area to meet the needs of the local community.

My hon. Friend is right. In due course, we will come on to measures such as cabinets. However, we have been very keen to ensure that if retailers sign up to the voluntary code, they can use measures such as ensuring that their displays help us in tackling this terrible crime.

[Kevin Foster (Torbay) (Con)]

I thank the Minister for giving way. Of course, she will know of my own background in local government. At times, I had responsibility for Coventry City Council’s legal services, which regularly carried out entrapment—some people call it that, but test purchases is the best way of putting it, dealing with those people who wish to sell products to under-18s that are not suitable for them.

Does she agree that, in considering such things, there would at least have to be some discussion with the Local Government Association beforehand, given the potential burden placed on councils, although I suspect that they would be keen to do this kind of work? That is why we also need to have the same age restrictions as we have for alcohol and other products, so that there would not have to be the same exercise by an enforcement officer for different ages.

[Victoria Atkins]

I am extremely grateful to my hon. Friend for the expertise that he brings to the Committee and I also thank him for his point about age. We have seen the complexity of the law in this area in general. I very much understood why the right hon. Member for East Ham tabled an amendment on age and the purchase of corrosives, to try to ensure that trading standards officers could apply the law in a meaningful way on the ground, but this complexity was one of the reasons we felt unable to support it.

I have an answer on whether section 222 can be used—confirmation, it is fair to say, of what I have said already to the Committee. The section does not appear to be restricted. Indeed, we are told that it has been used by trading standards previously for age-restricted products. I hope that satisfies the Committee, and for the reasons that I have given I hope that the right hon. Gentleman can withdraw the new clause.

--- Later in debate ---

[Kevin Foster]

I am conscious that the Minister may be about to get official advice, but does she agree that one of the reasons for the threshold might be to ensure that no one was innocently caught out? To do that, it would have to be set at a level that was clearly well beyond that, at a point where a jury would be only too happy to convict someone and could be beyond reasonable doubt that that person clearly had no good reason to be passing the ammunition on, other than to avoid firearms legislation.

[Victoria Atkins]

That is a very interesting suggestion. The explosives regulations also come to mind, because the limit on holding gunpowder is set by those regulations, and these are the limits set by those regulations. I will take away the suggestion that perhaps the regulations need to be looked at to ensure that they meet the public safety test and expectations that we all have. That will be consistent with us keeping firearms law under review, as always, and examining any significant vulnerabilities that are brought to our attention. I hope the hon. Member for Sheffield, Heeley will withdraw her amendment.