Counter-Terrorism and Border Security Bill

Kevin Foster Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 11th September 2018 Commons Chamber

[Nick Thomas-Symonds]

I entirely agree. The Brexit Secretary’s previous record is of real concern, and it is certainly inconsistent with the Government’s stated objective. Tonight, the Security Minister has an opportunity to support the new clause and to put to bed any doubts that Members may have on this matter.

On 5 September, only days ago, in a speech updating the House on the attacks in Salisbury and referring to the two suspects, the Prime Minister said:

“with respect to the two individuals, as the Crown Prosecution Service and police announced earlier today, we have obtained a European arrest warrant and will shortly issue an Interpol red notice.”—[Official Report, 5 September 2018; Vol. 646, c. 169.]

That only goes to show that the European arrest warrant is a critical tool in our security toolkit. It is vital to ensure that should those suspects set foot in the EU, they will be remanded to the UK to face justice.

Having heard what the Security Minister himself has said in the past, I think that he actually agrees with me. On 9 December last year, he told the House:

“As we have said and will continue to say, we seek tools similar to the European arrest warrant, which we find incredibly useful. It helps us and our law enforcement agencies.”—[Official Report, 19 December 2017; Vol. 633, c. 1018.]

That is his view, and I hope that it will be reflected in his approach to the new clause this evening.

On 19 June, the EU’s chief negotiator, Michael Barnier, said that there was room for manoeuvre on the European arrest warrant. He said that if the UK

“cannot take part in the European Arrest Warrant”

in the way that it does now,

“This does not mean that we”

—the EU and the UK—

“cannot work together on extradition.”

The Government’s own White Paper stressed the difficulty in which the Government now find themselves, stating:

“Existing extradition arrangements between the EU and third countries do not provide the same level of capability as the EAW.”

Continued participation in the European arrest warrant really should be an objective of our negotiations. As we all know, organised crime knows no borders. To keep our country safe, we must co-operate with the EU27 and, indeed, other countries around the world.

My new clause does not bind the hands of negotiators. It simply says clearly that continued participation in the European arrest warrant is a negotiating objective. If it were passed tonight, it would send a signal to Brussels, reassuring those who are concerned about the Government’s approach to security in the negotiations—my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty) picked up that point in his intervention—and would also send a signal to the Security Minister’s colleagues.

[Kevin Foster (Torbay) (Con)]

We are not seeking to send signals this evening; we are seeking to create an Act, and inserting the new clause would create a part of that Act that would become irrelevant within months. Does the hon. Gentleman not agree that it would merely litter the legislation? While I accept some of his points, the Government have already made continued co-operation an objective. Why should we litter a permanent piece of legislation with a clause that would be defunct within months?

[Nick Thomas-Symonds]

With great respect to the hon. Gentleman, his argument seems to be circular. He will not vote for the new clause because he agrees with it: that appears to be his position. The idea that any piece of legislation is immune from becoming out of date, given time, is simply not credible.

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.

Offensive Weapons Bill (Ninth sitting)

Kevin Foster Excerpts

Tuesday 11th September 2018 Public Bill Committees

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

It is a pleasure to serve under your chairmanship, Mr Gapes.

It is widely acknowledged that the United Kingdom has some of the strongest gun controls in the world. Nevertheless, it is important to keep those controls under review. Clause 28 seeks to strengthen the controls on two specific types of powerful rapid-fire rifles. Both are currently available for civilian use or ownership under general licensing arrangements administered by the police under section 1 of the Firearms Act 1968, which means they can be owned only by somebody who has a firearms certificate for which they have been vetted. However, following advice from experts in the law enforcement agencies, we believe it is important to take action to ensure that the controls around these weapons are tightened.

One option is to add these weapons to the list of prohibited firearms provided for in section 5 of the 1968 Act. Such weapons are subject to more rigorous controls than other firearms and may be possessed only with the authority of the Secretary of State. All firearms are by their very nature potentially lethal, but these two types are significantly more powerful than other firearms permitted for civilian ownership under section 1 of the 1968 Act. It is not our intention to unnecessarily restrict the lawful use of firearms, such as for legitimate sporting purposes; however, we are concerned about recent rises in gun crime and the changing threats and heightened risk to public safety.

As my right hon. Friend the Home Secretary explained at the start of Second Reading, the proposals were based on concerns about the potential for serious misuse of these weapons if they were to fall into the hands of criminals or terrorists. That is not to say that there is an imminent threat that they are about to be used by them, but in view of the threat assessment received, the Government have a clear duty to consider the need for these particular types of firearms to be more strictly controlled. However, the Government also recognise that the vast majority of people in lawful possession of firearms use them responsibly and that any controls need to be proportionate. In line with the undertaking given by my right hon. Friend the Home Secretary, we should continue to listen and consider further whether there are other effective alternatives to banning high-powered rifles, such as requiring enhanced security for their storage and use.

Turning to MARS rifles, as they have been called, or rapid-fire rifles, our focus is on weapons that can discharge rounds at a much faster rate than conventional bolt-action rifles, which are permitted under licence and are normally operated manually with an up and back, forward and down motion. The definition refers to the use of the energy from the propellant gas to extract the empty cartridge cases. That brings them much closer to self-loading rifles, which are already prohibited for civilian ownership under section 5 of the Firearms Act. Indeed, the National Ballistics Intelligence Service witness who gave evidence to the Committee, Mr Taylor, described them as being designed to “get around” the UK’s firearms legislation. That is why this measure is in the Bill.

The other change we propose to make to section 5 of the 1968 Act relates to bump stocks. Bump stocks were used in the Las Vegas shootings on 1 October 2017, in which 58 people were killed and more than 800 injured. The gunman used them to significantly increase the rate of fire of his self-loading rifles. The Government responded quickly to the shooting by placing an import ban on bump stocks from 4 December 2017. There are no legitimate uses for bump stocks and we do not think there are any in the UK. The import ban is designed to keep it that way.

[Kevin Foster (Torbay) (Con)]

I completely support the proposals for banning bump stocks, which have absolutely no legitimate purpose, but we should also be clear that the weapons used in Las Vegas are already illegal under our law. It obviously makes sense to make bump stocks illegal under our current legislation as well.

[Victoria Atkins]

My hon. Friend is quite right; this is about ensuring that we go further and control the manufacture and possession of bump stocks, which are already controlled in terms of importation, because we acknowledge that there is a criminal underworld. We want to make it absolutely clear to those indulging in that sort of activity—and to give powers to the police—that if they are found in possession of a bump stock, that in itself is an offence, let alone all the other offences that that person might be being investigated for. That is what the clause aims to do. It will make the unlawful possession, purchase, manufacture and sale of a bump stock subject to a maximum of 10 years’ imprisonment and a minimum sentence for adults of five years’ imprisonment.

The hon. Member for Sheffield, Heeley asked me about .22 self-loading rimfire rifles. The lever action will be banned only if they meet the definition. The classic lever-action rifle seen in western films will not be caught; those that use a small lever next to the trigger will be. It is not our intention to ban .22 self-loading rimfire rifles, which, like all rifles and firearms, have the potential for danger, but are less powerful and are used extensively for pest control.

Question put and agreed to.

Clause 28 accordingly ordered to stand part of the Bill.

Clause 29

Prohibition of certain firearms etc: Northern Ireland

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

Offensive Weapons Bill (Seventh sitting)

Kevin Foster Excerpts

Committee Debate: 7th sitting: House of Commons
Thursday 6th September 2018 Public Bill Committees

[Victoria Atkins]

If a blade is less than 3 inches, it is excluded from both definitions and as an article under CJA 1988. Some scissors are; some are not.

[Kevin Foster (Torbay) (Con)]

I thank the Minister for the way she is responding. I am struggling to think of a pre-packed men’s razor over 3 inches apart from traditional cut-throat razors, for which, to be blunt, there should be a separate regime. I do not really see the difficulty with what the Minister says.

[Victoria Atkins]

Precisely. We have tried to acknowledge the different ways in which we rely on blades in day-to-day life. We know children do not go out with encased razors to threaten people on the street. They use knives, clearly. That is what the definition seeks to clarify. If Opposition Members had a yearning to buy a pair of scissors with blades longer than 3 inches, they could do so—they would just have to go to the post office to pick it up. That is the point.

If we did not have such a system, the seller could do everything they were supposed to do to check age at the point of sale, but the item may be put through the letterbox anyway and get into the hands of someone under 18. We know that has happened; we just want to stop it happening again. Again, I do not pretend that this is a magic solution that will solve all knife crime, but we are trying to build a journey for bladed articles and products that makes it substantially more difficult for young people, if they are so minded, to get around the measures that retailers take when selling them.

The condition that such articles cannot be delivered to a locker is also important. The clause is about deterring young people from trying to buy such articles online and getting around the law.

[Victoria Atkins]

It is actually because the Government are trying to help post office workers by not making them criminally liable for handing over a package when all they are doing is their job and when they have had no involvement in the act of purchasing. Indeed, we have been in a great deal of discussion with delivery companies, including Royal Mail, about how together we can ensure that the Bill’s intentions are met in a way that balances the risks regarding young people with not placing post office workers, delivery drivers and so on under such a level of criminal liability. If the retailer has not done its job, I would feel uncomfortable about putting that duty on post office workers.

[Kevin Foster]

Will the Minister reflect on the fact that a range of age-related products—films and other things—are already successfully delivered with enforcement arrangements and that similar principles could be applied in this area? Actually, even in the most rural of locations there is usually a post office not a million miles away where an urgently needed product can be collected.

Offensive Weapons Bill (Eighth sitting)

Kevin Foster Excerpts

Committee Debate: 8th sitting: House of Commons
Thursday 6th September 2018 Public Bill Committees

[Victoria Atkins]

Thank you, Mr Gray. I went back to the definition in the Bill, and the specification of the size of the blade relates to folding pocket knives only, so the example of the kitchen scissors would fall under this legislation. I hope that clarifies that.

I appreciate that this is a complication that people setting up home or adding to their cutlery drawer have not had to contend with before, but with this Bill we are trying to stop young people from finding a way of getting hold of these sharp products online. I hope that if members of the public order their kitchen scissors or whatever, they will be able to pick them up at the post office or, if they have ordered through a shop that has branches across the country, they can go and pick them there up at some point.

[Kevin Foster (Torbay) (Con)]

Personally, I find the definition in this clause very clear, in terms of both the blade and its capacity to cause serious injury, which deals with some of the more minor points we heard earlier. Does the Minister agree that not that long ago to buy any of these products one would have had to go to a shop or a hardware store, so it is not the greatest of suffering in an area that would not have had those stores to head to the local post office to pick up those items, if needed?

--- Later in debate ---

[Victoria Atkins]

The hon. Lady will understand that there are a great many discussions ongoing with Northern Ireland. The fact that the Assembly is not in action in Northern Ireland complicates our passing legislation not just in this context but in others.

[Kevin Foster]

Is the Minister aware of the particularly significant trade in bladed items across the border between Donegal and County Londonderry? There are particularly large knife-selling businesses located there. On body corporates, surely it is highly unlikely that someone would send a personal courier with a weapon. Quite bluntly, if they did, I would like to see that person stopped at the border.

[Victoria Atkins]

My hon. Friend persists in popping little interesting and sometimes amusing comments into the debate. I am not personally aware of the online knife market between the Republic and Northern Ireland, but if my hon. Friend is suggesting a Committee trip to the emerald isle to explore that, perhaps he will have some support. He is right about body corporates; we are trying to get at the businesses that do the bulk of the delivery work in this country to try to secure their assistance with the aim of the Bill. I am told that there have been discussions with officials in the Department of Justice in Northern Ireland. There have not been discussions with officials in the Republic, but I am happy to take that away.

Windrush

Kevin Foster Excerpts

Tuesday 4th September 2018 Commons Chamber

[Caroline Nokes]

I am not sure if the hon. Gentleman was in the Chamber for Foreign and Commonwealth Office questions earlier, when he would have heard the response by the Minister for Europe and the Americas on the subject of the Chagos islanders and the Government’s long-standing policy.

[Kevin Foster (Torbay) (Con)]

It is right that the Government have offered both an apology and compensation to those in the Windrush generation who have been affected. However, is the Minister aware that in many instances people feel they have to choose between being able to speak out and receiving compensation? Will she therefore confirm that no one who applies to the Windrush compensation scheme will be asked to sign a non-disclosure agreement?

[Caroline Nokes]

The Home Secretary has been absolutely clear: nobody applying to the Windrush compensation scheme will be asked to sign a non-disclosure agreement.

Offensive Weapons Bill (Fifth sitting)

Kevin Foster Excerpts

Tuesday 4th September 2018 Public Bill Committees

[Victoria Atkins]

I am extremely grateful to the right hon. Member for East Ham for tabling this amendment and to the hon. Member for Sheffield, Heeley—to whom I might have referred incorrectly as the Member for Sheffield, Hallam, for which I apologise. I have found him to be a great source of information, and we have discussed this issue a great deal since I was made a Minister. I completely understand the spirit in which he tables these amendments, but it is difficult; he knows, from the discussions we have had, the difficulties that there are.

Before I turn to the amendments, it might be worth reminding the Committee of the evidence on the involvement of young people in acid attacks. The right hon. Gentleman set out the average ages thus far. The latest published information goes up to April 2017; we will no doubt discuss in due course how we can improve the availability of this information, given that we know the range of attacks. He said that 21% of acid or corrosive substance attacks recorded by the police up to April 2017 were perpetrated by people under the age of 18, where the age was known. We do not have statistics on how many attacks were committed by those over 18 but under 21, or by those under the age of 25, but more recent information, which the police intend to publish shortly, shows that between April 2017 and April 2018 the average age of those carrying out acid attacks was 23.

I mention that because, as the right hon. Gentleman set out when he was reading out the different years, the ages fluctuate and it is difficult to set an age that would encompass all those average ages. We know that from reports in the media on the most violent offences, for example the terrible case of Arthur Collins in the nightclub in Dalston. He was 25. We must find an age limit at which we can prevent sales that meets the need to protect the public in a way that is not discriminatory and does not affect vast swathes of the population who may be buying these substances for completely legitimate and lawful reasons.

Corrosive substances are not, in themselves, offensive weapons; rather like knives, they have legitimate uses in cleaning products, car batteries and a wide range of hobbies such as metalworking. However, given the attacks and the concerns we all have about them, we believe it is reasonable and proportionate to ban the sale of such substances to those who are under 18. That is what the Bill is intended to do through clause 1 and schedule 1. Under the Bill, there is a defence available to a seller who has taken “reasonable precautions” and exercised due diligence in avoiding selling to a person aged under 18. However, I should say to the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East—or the hon. Member for the SNP, as he is being called—that the defences in Scotland are slightly different from those that apply in the rest of the United Kingdom. Clause 2 applies further conditions on online sales that must be met if the seller wants to rely on the defence. Finally, clause 4 makes it an offence for a delivery company in the UK acting on behalf of a seller overseas to deliver corrosive products to someone in this country aged under 18.

The amendments in this group seek to raise that age from 18 to 21, and amendment 53 seeks to replicate that for bladed articles. Most products are age-limited with regard to under-18s because that is the internationally recognised age of the child. The effect of the amendments would be to introduce a new age limit, which would mean that restrictions on the sale of corrosives and bladed articles were out of step with those for other age-limited items, such as alcohol.

We heard evidence from witnesses from the British Retail Consortium and the British Independent Retailers Association before recess. They foresaw the difficulties that having different age limits for different products might pose for retailers—particularly small retailers—and their staff. Concerns have been raised about the risk of abuse and assault of shop workers, and we bear that in mind in that balancing act on the age range. We also fear that any increase in the age limit to 21 may well be challenged as an unjustifiable discrimination on the grounds of age, particularly when we think of the fluctuation in the average age of perpetrators, as we discussed earlier.

[Kevin Foster (Torbay) (Con)]

I have listened to the Minister with interest. She mentioned the issue for shopkeepers. I was formerly a deputy leader of a council responsible for enforcing some of those age limits. When the age limit was 16 for tobacco and 18 for alcohol, separate enforcement operations had to be run, whereas when the age limits were unified at 18, the same enforcement operation could deal with all those products. That suggests, as the witnesses said in answer to some of my questions, that 18 is the logical age to set for this area.

[Victoria Atkins]

That is an extremely interesting point and I am grateful, as ever, to my hon. Friend for bringing his professional expertise into Committee.

I hope Opposition Members understand that we have considered this very carefully and have had to weigh up the pros and cons of the age limits as they are. We argue that, although having restrictions against under-18s is also arguably discriminatory, if one takes a libertarian view about these things, it is justified because it replicates measures already in place to deal with knives. It is justified both on public safety grounds and because of the need to safeguard children. As I have said, corrosive products are not, in themselves, weapons, so we have come to the conclusion that there is not the evidence to justify excluding adults from being able to buy such products for legitimate purposes.

Raising the age limit for purchasing bladed articles would raise even more of an issue, because it would mean that adults—as recognised by law in this country—could not be sold products that they need to lead their daily lives. It would mean that a 20-year-old chef or carpenter could not buy the items needed to do their job. It would mean that adults could not be sold table or bread knives or certain types of gardening equipment.

This is particularly pertinent at this time of year. Over the next few weeks, thousands of students will go to university for the first time and will be setting up their flats or halls of residence, and they will perhaps buy some of those kits of pots, pans, crockery and knives that I see collected together in shops around the country. We get the sense that these people are probably over the age of 18 and trying to set up home for the first time, and the amendment would mean that those 18, 19 and 20-year-olds would not be able to set up home as they can now.

Knives and other bladed articles have thousands of legitimate uses, and restricting their sale to those aged over 21 would have a disproportionate impact on the vast majority of law-abiding adults in this country. It would also have implications for online retailers and delivery companies, because many online age verification systems, such as the electoral roll system, will not identify whether someone is under 21. It would mean that products ordered from overseas could only be handed over to a person who could prove that they were over 21 by producing a passport or driving licence, which not all members of the public have. It would also have implications for the operation of the Poisons Act 1972 and who can apply for an explosives precursor and poisons licence. For those reasons, we will resist the amendments.

As a footnote, I assure the Committee that we will continue to work with retailers on putting in place Challenge 21-type schemes of the sort that many retailers already have for the sale of alcohol. Our voluntary agreements on the sale of knives and corrosives have proven to be popular schemes for retailers. We believe that through these sorts of measures, which educate the public while also helping shop owners by giving them the confidence to challenge, we will help to address some of the terrible cases that the right hon. Member for East Ham set out. We will therefore resist the amendments. Alternatively, I invite the right hon. Gentleman to withdraw his amendment.

Offensive Weapons Bill (Second sitting)

Kevin Foster Excerpts

Tuesday 17th July 2018 Public Bill Committees

[Tulip Siddiq]

Q Why is it different from the rest of the country? Firearm offences in London are the highest per head of population. I am curious to know why that statistic exists.

Detective Chief Superintendent Chilton: We tend to see the metropolitan forces as the main ones having gun crime problems. It is a complex issue. I know from my previous role, before I was head of NABIS, having run the communities against guns, gangs and knives programme, that it is very complex and is a serious violence issue. Guns are just one factor.

[Kevin Foster (Torbay) (Con)]

Q I want to draw back slightly to the discussion about bump stocks. The example given was the Las Vegas shooting, but how many of those weapons used would have been lawful here? One of the issues in the United States is the pairing up of assault weaponry that is lawful there—unbelievably, quite bluntly—with bump stocks to make fully automatic assault weapons. How many of those weapons, given that the NCA evidence cites that incident, would have been legal here?

Also, do you think the definition in the law is drawn tightly enough? Clearly, bump stocks are being developed to get round the law on automatic weaponry in the United States and here. Do you think the definition is tight enough to prevent some sort of modification that has the same effect as the bump stock, but is not a bump stock?

Christopher Lynn: To answer your questions chronologically, because of the Firearms (Amendment) Act 1988, which prohibited full-bore self-loading rifles, the impact in the UK is limited, although we still have .22 rimfire self-loading rifles on section 1 firearm certificates. We are aware of at least two designs of bump stocks in the States that would be compatible with certain patterns of .22 rimfire self-loading rifles that are legal here, so there is some carry over, although it is very much more limited.

In terms of definitions, I was involved in a definition, and we went to the Patent Office to try to identify how the items were patented and described in the patenting, but it is always a competition on the wording. You think you have wording that is robust, and then there are some other means of getting around that. I have spent 23 years in the firearms world and throughout that time it has always been a competition of exploring the letter of the law and sometimes undermining the spirit of the law.

[Kevin Foster]

Q Do you think the wording in the Bill is the best it could be in this area, or could it be sharpened to try and future-proof it?

Christopher Lynn: We have consulted quite widely on it—the National Firearms Centre—and there has been a lot of input around it. I am sure we would be willing to have any suggestions that could be addressed, but I am not sure that there is an absolute gold standard catch-all. That is my position.

--- Later in debate ---

[Louise Haigh]

Q On age verification, you mentioned in your submission that you would prefer some explicit guidance on exactly what kind of age verification tools your members should use online. Do you want to be dictated to about which age verification tools to use, or do you just want guidance about what kind of tests that age verification tool should meet?

Graham Wynn: Ideally, we would like to see some standards, so we can be sure that online age verification systems developed by businesses such as Yoti and others will be accepted as due diligence by the enforcers. Currently, the systems for offline are fairly standard and obvious for face-to-face, but it has always been somewhat difficult to be sure that you are really complying with the online ones. You might think that the credit card companies could have done something about it, but they refuse to put an identifier on their cards to give an indication, so other means are necessary.

Technologically, things are developing, and I understand that, for some things, such as the pornography legislation that has recently gone through, there has to be some online verification. Perhaps that is slightly less dangerous than a knife sale, but nevertheless it would be useful for retailers to be sure that the system they are using meets certain standards. Of course, more will develop over time as technology advances.

[Kevin Foster]

Q Earlier, we were discussing the issue of what age should be set, and 18 was proposed. Do you see any issues for your retailers and members if there was a different age? I think we can say that it would not be under 18, but let us say 21 for the sake of argument.

Graham Wynn: The difficulty is that most age restrictions are at 18, although not all, so in store, people use challenge 25 to try to capture it. Some still use 21, but most use 25, so you can see roughly whether a person is likely to be 18 or not—it gives a margin of error. If you start to have a wider range of ages, it becomes a matter of training for the shop assistant in the store, and training becomes more difficult because there is quite a high turnover of shop assistants. The ideal is to try to keep things roughly in the same area.

[Kevin Foster]

Q Do you see 18 as the optimum, given so many other things are at 18?

Vin Vara: At BIRA we recommend challenge 25, but most of our members are looking at 21 years old.

[Kevin Foster]

Q Just to be clear though, challenge 25 means that if you look under 25, I will ask for your ID to see whether you are 18; it is not about being 25.

Vin Vara: From the ID you can work out their age. We say that 21 is a good age to challenge and to make as law, but the problem is that not all our members have the tools to verify—they do not have the ecosystems to challenge when you scan the barcodes. They still use the old tills. They and their staff need to be better trained on selling, which we are doing at the moment.

[Tulip Siddiq]

Q Mr Wynn, you mentioned age verification and how the face-to-face encounter is more obvious. Which is the acceptable form of identification for retailers when they check age? In my experience of speaking to small businesses in my local area, there is a real challenge with fake IDs and what is an acceptable form of identification. If someone presents an international driving licence that states that they are the right age, sometimes a retailer will be forced to accept that, but a lot of those have turned out to be fake in the long run. Do you feel the legislation around that is strong? Do you feel like things need to be changed and that the acceptable form of identification needs to be dictated more strongly?

Vin Vara: Most people will produce a driving licence or a provisional licence, or young people will bring in a passport copy. There are not many other forms of ID. They bring bank and credit cards, but they do not verify their age, so we will tell members not to accept them. Something with a photo ID, date of birth and probably an address on it would help, but we need to standardise it. There are so many different types and, as you say, there are a lot of fakes out there.

Oral Answers to Questions

Kevin Foster Excerpts

Monday 16th July 2018 Commons Chamber

[Caroline Nokes]

Let me reassure the hon. Gentleman. The Home Office is not undermining good maritime jobs; it is working with all partners to ensure that as we leave the EU there are appropriate employment opportunities, which will be set out in the forthcoming immigration White Paper.

[Kevin Foster (Torbay) (Con)]

I know that, in seeking to tackle terrorism, the Home Secretary will always ensure that the security services have the resources and powers that they need, but will he reassure me on one point? Does he agree that, in ensuring that there are no safe spaces for those who wish to do us harm, we should consider tackling the incitement of terrorism in private as well as public settings?

[Sajid Javid]

I do agree with my hon. Friend. As he will know, the House is considering the Counter-Terrorism and Border Security Bill, which gives us a fresh opportunity to review the possibility of loopholes in earlier legislation.

Stalking Protection Bill (First sitting)

Kevin Foster Excerpts

Committee Debate: House of Commons & Committee: 1st sitting: House of Commons
Monday 9th July 2018 Public Bill Committees

[The Chair]

I welcome hon. Members to the Committee, which will consider the Stalking Protection Bill line by line. This is a warm day but, unless anyone requests otherwise on a point of order, I think that we should maintain our usual dress standards.

[Kevin Foster (Torbay) (Con)]

On a point of order, Mr Gray. Are you prepared to exercise your discretion to allow gentlemen to remove their jackets, and perhaps their ties as well?

[The Chair]

Mr Foster knows perfectly well that my personal inclination in these matters is to be traditional, and therefore to say no. However, as he is a very close friend of mine, I will allow gentlemen to remove their jackets, if they so wish.