Offensive Weapons Bill

Kwasi Kwarteng Excerpts

2nd reading: House of Commons & Money resolution: House of Commons
Wednesday 27th June 2018 Commons Chamber

[Louise Haigh]

It is welcome when any police force recruits additional police officers. I do not have to hand the number of officers that Essex has lost since 2010, but I imagine that it is significantly more than 150.

Let us look at the Home Office research on the drivers of trends in violent crime. Neighbourhood policing was certainly mentioned; social media was acknowledged to have played a role, as were changes to the drug market, as the Home Secretary mentioned, particularly in respect of the purity of crack cocaine. They are all factors in the spate of recent murders, but one of the most important factors that the analysis showed was that a larger cohort of young people are now particularly vulnerable to involvement in violent crime because of significant increases in the numbers of homeless children, children in care and children excluded from school. Just 2% of the general population have been excluded from school, compared with 49% of the prison population. As much as this Bill is, and should be, about taking offensive weapons off our streets, the issues around serious violent crime are also a story of vulnerability.

The Children’s Commissioner has shown that 70,000 under-25-year-olds are currently feared to be part of gang networks. The unavoidable conclusion is that, for a growing, precarious and highly vulnerable cohort of children, the structures and safety nets that are there to protect them are failing.

Behind this tragic spate of violence is a story of missed opportunities to intervene as services retreat; of children without a place to call home shunted between temporary accommodation, with their parents at the mercy of private landlords; of patterns of truancy and expulsions; and of troubled families ignored until the moment of crisis hits. The most despicable criminals are exploiting the space where well-run and effective early intervention, prevention and diversion strategies once existed.

As the Children’s Commissioner notes, the pursuit of young children is now

“a systematic and well-rehearsed business model.”

The Home Secretary himself highlighted the importance of early intervention in tackling violence when he told “The Andrew Marr Show” that we must deal with the root causes, but the £20 million a year we spend on early intervention and prevention has to be seen in the context of the £387 million cut from youth services, the £1 billion cut from children’s services, and the £2.7 billion cut from school budgets since 2015. For most communities, the funding provided by the serious violence strategy will not make any difference at all. How can it even begin to plug the gap?

We know what happens when early intervention disappears. A groundbreaking report 18 years ago by the Audit Commission described the path of a young boy called James who found himself at the hard end of the criminal justice system before the last Labour Government’s progressive efforts to address the root causes of crime through early intervention:

“Starting at the age of five, his mother persistently requested help in managing his behaviour and addressing his learning difficulties. Despite formal assessments at an early age for special educational needs, no educational help was forthcoming until he reached the age of eight and even then no efforts were made to address his behaviour problems in the home. By the age of ten, he had his first brush with the law but several requests for a learning mentor came to nothing and his attendance at school began to suffer. By now he was falling behind his peers and getting into trouble at school, at home and in his…neighbourhood…

Within a year James was serving an intensive community supervision order and…only then did the authorities acknowledge that the family had multiple problems and needed a full assessment. A meeting of professionals was arranged but no one directly involved with James, other than his Head Teacher, attended, no social worker was allocated and none of the plans that were drawn up to help James were implemented. Within a short space of time, he was sent to a Secure Training Centre and on release…no services were received by James or his family. He was back in custody within a few months.”

How many Jameses have we come across in our constituencies? How many mothers like James’s have we met in our surgeries? The pattern described here could just as well be attributed to a young man I had been seeking to help over the past year but whose life was tragically ended just last month. He was stabbed to death in my constituency, and another 15-year-old charged with his murder.

It very much feels as though we have learned these lessons before and are now repeating the same mistakes.

[Kwasi Kwarteng (Spelthorne) (Con)]

Given the intelligence we have received that the Mayor of London is doubling his PR budget, what role does the hon. Lady think he can play in trying to address the urgent problem in this city?

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[Sir Geoffrey Clifton-Brown]

My hon. Friend makes a really potent and timely point; I was about to demonstrate why these weapons have never been implicated in any crime. There was one incident when one was stolen; the barrel was chopped down but the gun was quickly recovered and never implicated in a crime. There has been only one other incident: more than 20 years ago, a .50 calibre weapon was stolen in Northern Ireland and used in the troubles and then, again, recovered.

Instances of such weapons being likely to fall into the wrong hands are incredibly rare. Even if they did, they are most unlikely ever to be used by a criminal, as I shall try to persuade the House. They are as long as the span of my arms and incredibly heavy and bulky. They demand a great deal of effort between shots. They are simply not the criminal’s weapon of choice. The weapon of choice of a criminal is likely to be something gained from the dark web or the underground. It is likely to be a sawn-off shotgun, or a revolver or pistol of some sort. These really heavy, clunky weapons are simply not the weapon of choice of the criminal. In the one instance I suspect my hon. Friend the Minister will cite in her summing up, a criminal stole it, realised what they had got hold of and that it was not suitable to be used in a crime, and chucked it over a hedge.

[Kwasi Kwarteng]

My hon. Friend uses the phrase “weapon of choice” among criminals. Is it not an irony that the criminals’ weapons of choice are already banned and are held illegally?

[Sir Geoffrey Clifton-Brown]

My hon. Friend is absolutely right and it is very sad, when people gain pleasure from using these rifles, that the Government want to effectively ban them. The muzzle energy will effectively mean a ban on the .5 calibre. The only reason the Government are banning them is that they happen to be one of the largest calibres. The police and the other authorities are saying that because they are so large they must be dangerous. I have to tell the House that any rifle is dangerous in the wrong hands and used in the wrong way. A .22, the very smallest rifle, is lethal at over a mile if it is fired straight at somebody. All rifles need to be handled with great care and held in very secure conditions.

In summing up, the Government will, I think, cite some evidence as to why these rifles need to be banned. They will cite the one that was stolen and chucked over the hedge with the barrel chopped off, they will cite the fact that one was used in the troubles in Northern Ireland, and they will cite the fact that more high-powered weapons are being seized by customs at our borders. But this has nothing to do with .5 calibre weapons. It has everything to do with illegal weapons, the sort of weapons of choice that, sadly, the criminal and the terrorist will use, but not these particular weapons.

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[Mr Deputy Speaker (Sir Lindsay Hoyle)]

May I just advise the hon. Gentleman that the Bill is not a personal attack on the Mayor of London? [Interruption.] I am sorry; did the hon. Member for Spelthorne (Kwasi Kwarteng) say something?

[Kwasi Kwarteng]

I didn’t say anything.

[Mr Deputy Speaker]

I thank you for that, because otherwise I would have something to say and that would not be helpful to you. I am just trying to be constructive. We are on Second Reading of a Bill, and I am allowing latitude, but Members must focus on the Bill.

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[Dr Offord]

I was not sure who you were speaking to, Mr Deputy Speaker.

[Kwasi Kwarteng]

I just want to intervene on my hon. Friend to say that I was simply making a personal remark to myself; I was not addressing the House. I am very pleased that my hon. Friend is focusing on the issues related to the Bill that apply directly to the capital.

[Mr Deputy Speaker]

I want to move the Bill on, and I want to ensure that we do not need to have a time limit. Please, let us carry on.

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[Kwasi Kwarteng (Spelthorne) (Con)]

I am delighted to speak in this debate, and, like a number of people, I have had the honour and privilege to sit through the vast proportion of it. The debate has been well conducted, with a lot of speeches touching on a number of important issues.

The issue of knife crime and murder in our capital city of London is highly relevant to the Bill. Let no one pretend that what is happening in London has not directly influenced the Government in their desire to see some form of legislation on this particular issue. The situation in the capital is, frankly, scandalous.

When my hon. Friend the Member for North West Hampshire (Kit Malthouse) was Deputy Mayor in charge of policing, the crime rates were significantly lower than they are today. That was because of policy and political leadership. It is entirely legitimate to suggest that the kind of leadership that London had at that time no longer exists. It would be invidious, I fully agree, to blame the current Mayor of London entirely for the situation in the capital. I am not saying that it is all his fault, but he does bear some responsibility for it.

It is no accident that, given the increase in knife crime and the increase in fatalities here in London—in our capital—the Government have introduced the Bill. Those two events, I would suggest, are related. It is therefore entirely appropriate for Members who represent London seats—my seat is just outside London, but many of the issues in London pertain to the bit of Surrey that I represent—to address and focus their remarks on the situation here in London.

The Bill has many excellent provisions. Surely the laws against selling dangerous acid to youngsters—to children, in many instances—are well overdue and will be well received across the House. There are issues relating to knives. My hon. Friend the Member for Walsall North (Eddie Hughes) said that he thought it extraordinary that so-called zombie knives had not been banned a long time ago. He was quite right to suggest that the manufacturers of these knives—and their designers, if one can call them that—clearly fully expected that the knives would be used not only to commit grievous, violent crimes, but to threaten and intimidate. There seems to be no other reason that such knives should have been manufactured. Not even for ornamental reasons would the case be a strong one.

Some provisions in the Bill have rightly caused a measure of concern among Conservative Members. The proposed ban on .5 calibre guns seems a little excessive because, as many Members have pointed out, these guns have never been used, as far as we know, in the commission of violent crimes. Banning them therefore seems wholly disproportionate to the threat that they actually pose to members of the public. As has been observed many times in this debate, people who possess these weapons are vetted. They have gone through a measure of screening. They are people who are law-abiding. They pursue their interest in arms in clubs. They practise their activities in highly regulated and very safe conditions.

[Gavin Robinson (Belfast East) (DUP)]

The hon. Gentleman is entirely right. As he knows, the Bill has been drafted in such a way as to refer not to .5 calibre rounds, but to 13,600 joules of energy. The reason for doing that is to include other weapons, including .357 Lapua Magnum rifles, but that cannot account for the people who use home loads and lower the velocity of the round. The Bill is about whether the rifle is capable of firing it. People do use home loads, and they lower the capacity, the velocity and energy. The Bill does not account for that at all.

[Kwasi Kwarteng]

As I suggested, there is a social context that gave birth to the Bill—a huge increase in violent crime and fatalities in London. The two things, as I said, are related. If the Government are trying to address the issue of knife crime and fatalities in our capital, it is beyond my imagination to understand why .5 calibre guns should be banned as proposed in the Bill.

I am delighted that the Secretary of State has openly and generously offered to meet MPs and other people for a wider consultation on the details in the Bill.

[Sir Geoffrey Clifton-Brown]

The hon. Member for Belfast East (Gavin Robinson) has put his finger on an interesting point. Clause 28(2) references “any rifle” from which a shot of more than 13,600 joules can be fired. The Bill is drafted much wider than just .5 calibre weapons.

[Kwasi Kwarteng]

That is a legitimate point. I hope that many of these difficulties and anomalies will be ironed out in Committee, because the Bill as drafted raises some interesting questions and, dare I say it, has a number of holes.

Broadly, we have to accept that something had to be done. The new spate of acid attacks is largely unprecedented. I understand, as a point of history, that in the 19th century people used sulphuric acid and other noxious substances in this way, but for our generation this is completely unprecedented, and it is quite right for the Government to legislate to curtail the sale of this offensive weapon.

Broadly, this is a good Bill and I am fully happy to support its Second Reading, as I suspect are the vast majority of Members on both sides of the House, but I urge Ministers to consider some of the objections made in this wide-ranging and stimulating debate to certain of its provisions.

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[Victoria Atkins]

I am grateful to my right hon. Friend, not just for the concise and clear points he made in his contribution but for the poetry that he always brings to our debates.

My hon. Friends the Members for Solihull and for Chelmsford (Vicky Ford) also made the point about social media. That is why the Home Office serious violence strategy is funding the social media hub pilot, which will give the Metropolitan police the powers they need to work with social media companies to bring those videos down. I have seen drill videos; they are horrific and they need to stop.

The measures on the possession of offensive weapons give the police the powers they need to act when people have flick knives, zombie knives and other offensive weapons that have absolutely no place in our homes.

A number of colleagues mentioned clause 28, which is on high-energy rifles. My right hon. Friend the Home Secretary said at the start of the debate that we will listen to colleagues’ concerns. I reiterate that this is not an attack on rural sports; it is a response to the threat assessment of the National Crime Agency and the police.

Given the strong concerns expressed, I will take a moment to explain how clause 28 came into being. For those who are not familiar with such weapons, they are very large and heavy firearms that can shoot very large distances. One example I have been given is that they can shoot the distance between London Bridge and Trafalgar Square—some 3,500 metres. I can share with the House the fact that there has been a recent increase in seizures at the United Kingdom border of higher-powered weaponry and ordnance. The assessment is that those weapons were destined for the criminal marketplace, and that the criminal marketplace is showing a growing demand for more powerful weaponry.

[Kwasi Kwarteng]

Will my hon. Friend take an intervention?

[Victoria Atkins]

I will finish my point if I may.

That is the background against which we are operating. Having received such an assessment, we must consider it with great care. We have a duty to consider it and to protect the public. I gently correct the suggestion that such high-energy rifles have not been used in crime. As the hon. Member for Belfast East (Gavin Robinson) said, high-energy rifles were used in the 1990s during the troubles to kill people who were charged with securing Northern Ireland. We are listening, and, as I hope colleagues saw, I sat through the vast majority of the debate. Those and other issues will be addressed in the conversations that my right hon. Friend the Home Secretary and all the ministerial team will have with colleagues on both sides of the House.

I must pay tribute to my right hon. Friend the Member for Hastings and Rye (Amber Rudd), who has devoted a great deal of time and energy not just to the Bill but to protecting our young people and tackling serious violence.