Offensive Weapons Bill

Lindsay Hoyle Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 28th November 2018 Commons Chamber

[Karin Smyth (Bristol South) (Lab)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

With this it will be convenient to discuss the following:

New clause 3—Controls on miniature rifles and ammunition—

“(1) The Firearms Act 1968 is amended as follows.

(2) Omit subsection (4) of section 11 (Sports, athletics and other approved activities).”

This new clause would amend the Firearms Act 1968 to remove the exemption on miniature rifle ranges, preventing individuals without a firearms certificate from being able to acquire and possess semi-automatic rifles without a check by the police.

New clause 4—Possession of component parts of ammunition with intent to manufacture—

“(1) Section 1 of the Firearms Act 1988 is amended as follows—

(2) After subsection 4A insert—

‘(4B) A person other than a person permitted to manufacture ammunition by virtue of being a registered firearms dealer or holder of a firearm certificate authorising the type of ammunition being manufactured commits an offence if—

(a) The person has in his or her possession or under his or her control the component parts of ammunition and,

(b) The person intends to use such articles to manufacture the component parts into ammunition.

(4C) A person guilty of an offence under subsection 4b is liable—

(a) On summary conviction—

(i) In England and Wales to imprisonment for a term not exceeding 12 months (or in relation to offences committed before Section 154(1) of the Criminal Justice Act 2003 comes into force 6 months) or to a fine or both.

(ii) In Scotland to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.

(b) On conviction on indictment, to imprisonment for a term not exceeding five years to a fine, or to both.’”

This new clause would create a specific offence for the possession of component parts of ammunition with the intent to manufacture, for all persons other than those registered as firearms dealer or holders of a firearms certificate authorising the type of ammunition being manufactured.

New clause 18—Offence of failure to store an air weapon in a locked cabinet—

“(1) A person commits an offence if they fail to store an air weapon in their possession in a locked cabinet.

(2) The offence in subsection (1) has not been committed if the person has the firearm with them for the purpose of cleaning, repairing or testing it or for some other purpose connected with its use, transfer or sale, or the air weapon is in transit to or from a place in connection with its use or any such purpose.

(3) For the purposes of this section, ‘air weapon’ has the same meaning as in section 1(3)(b) of the Firearms Act 1968.

(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.”

New clause 19—Sale of an air weapon without a trigger guard—

“(1) A person commits an offence if, by way of trade or business, they sell an air weapon that is not fitted with a trigger guard.

(2) For the purposes of this section, ‘air weapon’ has the same meaning as in section 1(3)(b) of the Firearms Act 1968.

(3) The Secretary of State may by regulations define ‘trigger guard’ for the purposes of this section.

(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.”

Government amendment 26.

Amendment 23, in clause 30, page 30, line 9, leave out from “rifle” to end of paragraph and insert

“, other than a rifle which is chambered for rim fire cartridges, which ejects an empty cartridge case using energy which comes (directly or indirectly) from propellant gas and subsequently chambers a cartridge by mechanical means through the operation of the firing trigger mechanism alone.”

Government amendments 27 to 33.

Amendment 24, in clause 31, page 31, line 9, leave out from “rifle” to end of paragraph and insert

“, other than a rifle which is chambered for rim fire cartridges, which ejects an empty cartridge case using energy which comes (directly or indirectly) from propellant gas and subsequently chambers a cartridge by mechanical means through the operation of the firing trigger mechanism alone.”

Government amendments 34 to 55.

[Karin Smyth]

I hope that this is third time lucky. I understand the difficulties that the Government are in, but our constituents, on whose behalf we speak, watch these proceedings with great interest and concern, often because it is their loved ones who have lost their lives or been injured. The postponement of this debate on Report has been unacceptable for them.

Having said that, I am pleased to have the opportunity to outline the importance of new clause 2, with which I simply seek to establish in law the requirement for the Department to publish a report on the safety of air weapons. Such a report is necessary because the statistics on air weapons offences are not routinely recorded and official data is difficult to find. The report would require the Department to assess the strength of existing legislation on the use of air weapons. An important aspect of the debate is licensing, to which I shall return in a moment. The report would also require consideration of the existing guidelines on safe storage, about which my right hon. Friend the Member for Delyn (David Hanson) will speak in more detail later. I thank him for his support and for the work that he has done on this issue previously.

The report would also force an assessment on the current age limits for the possession and use of air weapons, which we discussed in Committee. This is important, because young people are disproportionately victims of air weapons offences. I managed to obtain via the Library information that shows that a disproportionate number of 10 to 19-year-olds were victims of air weapons offences in 2017, considering their share of the population, but we need more detail.

The subject of licensing has come up in a number of debates over the years, including in this place and in Select Committee hearings, but there seems to have been a reluctance to push collectively for real change. The dangers posed by air weapons cannot be ignored: their misuse is a matter of public safety. That was the argument put forward by Members of the Scottish Parliament in 2015, when they voted to license air weapons. While others were perhaps doing other things during the conference recess, I went to the Scottish Parliament in Holyrood to hear the arguments for and against licensing and about the experience of it.

The logic for the system in Scotland seems straightforward: as a matter of public safety, only those who have good reason for using, acquiring, purchasing or possessing an air weapon ought legally to be able to obtain one. The Scottish police believe that the scheme has been a success thus far, with more than 21,000 weapons having been surrendered by owners. Some 24,000 licences were issued up to February this year. There is a cost of £72 per licence to cover the administration fee. The Scottish Government's position is clear: those who have a legitimate use for an air weapon—including for sports and pest control—are not prevented from obtaining one. That gives important clarity to a subject that can be confusing. It sends a clear message that these weapons are not toys and capable of causing serious injury or even death. I simply ask the Minister whether he can demonstrate to me that my constituents in Bristol South are as safe from the misuse of air weapons as people in Scotland, where the guns are licensed.

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[Sir Geoffrey Clifton-Brown]

On a point of order, Mr Deputy Speaker. As the lead signatory to the amendment that sought to remove these 0.50 calibre weapons from the Bill, the hon. Lady has implicitly accused me of endangering public safety. That is completely untruthful and unworthy, and she should withdraw her remarks.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

I did not see that comment as a personal accusation. One thing is clear—the hon. Gentleman has certainly put his view on the record.

[Louise Haigh]

Later in my speech, I will come to exactly why we think the amendment that the Government have tabled will indeed risk public safety.

The Home Secretary said back in April that he wanted to bring forward an Offensive Weapons Bill within weeks and that if it achieved cross-party support, it would become law “very quickly”, making a “big difference”. Over the weekend in London and across the country, more lives have been taken in senseless violence. Thirty-seven children have been killed this year. How can it have been allowed that the already limited measures in the Bill have been held up three times now because of a fight over high-calibre rifles? It reflects very poorly on this Parliament.

I speak in support of new clauses 3 and 4 in my name, new clause 2 in the name of my hon. Friend the Member for Bristol South (Karin Smyth), and new clauses 18 and 19 in the name of my right hon. Friend the Member for Delyn (David Hanson). I will also refer to the amendments regarding .50 calibre rifles, with which the Labour party profoundly disagrees.

New clause 3 would bring miniature rifle ranges under the existing provisions of the Firearms Act 1968. It would remove a loophole in our decades-old firearms law that is providing easy access for non-firearms holders to get their hands on ammunition. Law enforcement officials have been clear on this. They have said in no uncertain terms that the exemption in section 11(4) of the Firearms Act is glaring and provides an easy route for terrorists and criminals to access firearms. This little-known exemption allows non-certificate holders to acquire and possess up to .23 calibre miniature rifles and ammo in connection with the running of a miniature rifle range.

Section 11(4) also allows a person claiming that they are running a miniature rifle range to acquire an unlimited number of .22 calibre rifles and ammunition without any background checks being completed or the police being made aware. In this context, the term “miniature rifle” is something of a misnomer. They are semi-automatic rifles and go far beyond that which is safe in the hands of a non-certificate holder. These are potentially lethal weapons, so this exemption is far too broad.

We are asking the Government to consider using this legislation to stop criminals having ready access to potentially lethal weapons. We were not at all convinced by the Minister’s justification in Committee and were staggered that she suggested that the Government had not been approached regarding this loophole, when they have been copied into the specific correspondence from counter-terrorism experts and the police. They simply cannot say they have not been warned. Will the Minister outline the Home Office’s thinking? Why does the Department believe, in the face of expert evidence, that this exemption does not pose a threat?

New clause 4, in my name and the name of the shadow Home Secretary, would make it an offence to possess component parts of ammunition with the intent to manufacture. Again, this has been explicitly recommended to us by the National Ballistics Intelligence Service, which said in Committee:

“There is a lack of control and legislation around purchasing and acquiring ammunition components. People can freely acquire all the equipment they need to make ammunition; the offence kicks in only once you have made a round.”––[Official Report, Offensive Weapons Public Bill Committee, 17 July 2018; c. 42, Q99.]

Senior law enforcement officials have said:

“the reality is that individuals are being found in possession of primers (for which there is no offence) cartridge cases (for which there is no offence), missiles i.e. bullets (for which there is no offence) and smokeless powder (which is technically a minor offence contrary to explosives regulations but rarely…prosecuted).”

The fact is that, unless complete ammunition is found, there is no prosecution despite very strong suspicion that someone is making ammunition to be used in criminality. This simply cannot be right. New clause 4 is an attempt, in the light of the growing threat picture from DIY ammunition making, to give law enforcement the tools needed to clamp down on this practice, which is undoubtedly raising the threat to the public from firearms.

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[Several hon. Members rose—]

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Order. We have lots of Members who wish to speak, so if we can be brief we can try to get in as many as possible.

[Sir Geoffrey Clifton-Brown]

I am very grateful, Mr Deputy Speaker, to catch your eye in this debate on this important Bill, which contains necessary provisions on the use of corrosive substances and on knives. I think the whole House would applaud that. What the Government should be doing, as I will demonstrate in the few words that I have to say, is acting on the basis of real evidence.

As the hon. Member for Bristol South (Karin Smyth) said, this is the third time that the Government have listed for debate this Bill’s remaining stages. For me, as the lead signatory to amendments trying to remove .50 calibre weapons from the Bill, this is third time lucky. After extensive negotiations with the Government, I persuaded them that there was, as I will demonstrate, no real evidence to ban these weapons, and that they should remove them from the Bill and have a proper evidence-based consultation as to whether these weapons do or do not form a danger to the public.

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[Sir Geoffrey Clifton-Brown]

rose—

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Can I just say to Sir Geoffrey that hopefully he will recognise that we have six more Members and the Minister to get in?

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[Mr Deputy Speaker (Sir Lindsay Hoyle)]

I can now inform the House that the Speaker has completed certification of the Bill, as required by the Standing Order. Copies of the final certificate will be made available in the Vote Office and on the parliamentary website.

Under Standing Order No. 83M, a consent motion is therefore required for the Bill to proceed. Copies of the motion are available in the Vote Office and on the parliamentary website and have been made available to Members in the Chamber. Does the Minister intend to move the consent motion?

[Amanda Milling (Cannock Chase) (Con)]

indicated assent.

The House forthwith resolved itself into the Legislative Grand Committee (England and Wales) (Standing Order No. 83M).

[Sir Lindsay Hoyle in the Chair ]

[The Chairman of Ways and Means (Sir Lindsay Hoyle)]

I remind hon. Members that if there is a Division, only Members representing constituencies in England and Wales may vote. As the knife has fallen, there can be no debate.

Motion made, and Question put forthwith (Standing Order no. 83M(5)),

That the Committee consents to the following certified Clauses of and Amendments to the Offensive Weapons Bill—

Clauses certified under SO No. 83L(2) as relating exclusively to England and Wales and being within devolved legislative competence

Clauses 8 to 10, 14, 28 and 29 of the Bill as amended in Committee (Bill 265), and New Clauses NC16 and NC17 added on Report.

Amendments certified under SO No. 83L(4) as relating exclusively to England and Wales and being within devolved legislative competence

Amendment 56 made on report to Clause 13 of the Bill as amended in Committee (Bill 265).—(Amanda Milling).

Question agreed to.

The occupant of the Chair left the Chair to report the decision of the Committee (Standing Order No. 83M(6)).

The Deputy Speaker resumed the Chair; decision reported.

Third Reading

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[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

On a point of order, Mr Deputy Speaker. The Speaker has ruled several times that the convention of Members notifying other Members before visiting their constituencies applies to Ministers on official visits. I was deeply disappointed today to find out that the Scottish Secretary and the Prime Minister no less have visited Bridge of Weir in my constituency and that I have yet to receive a notification. The Scottish Secretary found time to tweet about his visit to Bridge of Weir just over two hours ago, to which I replied, asking for notification. He has not complied with that request. Clearly, paragraph 10.10 of the “Ministerial Code” applies in this case.

The sad thing is that the Prime Minister said earlier in answer to my question at Prime Minister’s questions that she knew nothing about Home Energy and Lifestyle Management Systems’ green deal mis-selling, which affects hundreds of people in my constituency. Had I been made aware of the visit, I could have scheduled meetings with the constituents affected, at which she could have learned a lot more about this terrible issue. Can you advise me, Mr Deputy Speaker, what recourse I have when the ministerial code is broken and Ministers fail through their answers in their obligations to Members and this House?

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

It is the convention for any Member going to another Member’s constituency to carry out political business to inform the Member concerned, whether that be the Prime Minister or whoever. Please, do the right thing by colleagues and always inform the Member you are going. You do not have to meet the Member, but at least let us keep with convention. That is the advice that I would give. I am sure that hon. Gentleman will remind the Secretary of State when he catches up with him and has a debrief on his constituency, and I am sure that it will be a great pleasure for him to receive that debriefing.