Scotland Bill

Lord Pearson of Rannoch Excerpts

Wednesday 28th March 2012 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, I do not think that the United Kingdom Government will be passive on an issue as important and fundamental as this one; I can assure the noble Lord of that. I share his view—I would say this, wouldn’t I?—on the Calman commission, and not only in regard to specific recommendations on devolved and reserved boundaries and financial powers. Both in the interim report published in December 2008 and in the final report, parts of which were referred to by the noble and learned Lord, Lord Boyd, on Second Reading, there are some very good arguments about the importance of our economic, social and political union. I commend these reports to Members of the House. They make a very good case for our union.

[Lord Pearson of Rannoch]

My Lords, I may have missed it, but I did not hear the noble and learned Lord, in his list of areas that will need dispassionate and honest analysis, mention a share of the national debt, much of which, of course, has been caused by expenditure in Scotland.

[Lord Wallace of Tankerness]

My Lords, I did not mention that, but it is a pertinent point. Some academic bodies have produced reviews on it.

--- Later in debate ---

[Lord Pearson of Rannoch]

My Lords, perhaps this would be an opportunity for me to refer to the anomaly—some would call it the absurdity—of the present requirement for a sound moderator, or silencer, to be treated as a separate weapon and be separately registered on a firearms certificate. After all, the silencer is only a tin can which is screwed on the end of the rifle. When the Government are looking into this area in collaboration with the Scottish Government, I suggest that this would be an opportunity to remove that requirement.

[Lord Browne of Ladyton]

First, my Lords, I thank the noble Earl for his great courtesy in writing to me extensively on this issue to introduce the arguments that he intended to make in support of his amendment. I was in the privileged position of having almost all of the points that he made in advance of his addressing your Lordships’ House, so I thank him for that. Unfortunately, despite his great courtesy to me, I cannot find myself being in a position of supporting his amendment. I am sure that he will appreciate why since, in Committee, I argued for even greater devolution of responsibility over air weapons to the Scottish Parliament. It would be entirely perverse and inconsistent for me now to support the restriction on the exercise of the limited devolved powers that the Scottish Parliament is going to receive, having made that consistent and coherent point before.

I do not accept the dismissal by the noble Lord, Lord Forsyth, of this argument as not being sufficient justification, because to restrict the power that one devolves in this fashion undermines devolution. I do this for two reasons. First, if we agree to devolve this power to the Scottish Parliament, we should trust that Parliament with this power. Secondly, I see no reason to believe that the Scottish Parliament would not be persuaded by the arguments that the noble Earl has made about the potentially unintended consequences of an onerous regulatory process. I am sure that, in consultation, it will be capable of regulating in a way that deals with the issue at the heart of the noble Earl’s amendment, although not at the heart of his broader argument about implications.

I do not propose to repeat all the reasons why the people of Scotland are so exercised about the misuse of air weapons, and why there is a public demand for some form of regulation. I and the noble Lord, Lord Forsyth, have spoken about those before. I congratulate the noble Earl on giving us, in the official record of our debate, a repository of the success of restrictions imposed on air weapons and the obvious effect that sensible regulation has had on their misuse. It would be utterly ungracious of me to point out that I do not remember the Gun Trade Association arguing for these restrictions, and I remember being persuaded on some occasions by lobbying from that area that these restrictions would not work, and would merely cost a lot of money unnecessarily. However, that does not alter the fact that at some stage these arguments may prove to be true, even if they did not in relation to those restrictions.

I congratulate the noble Earl on at least being honest and willing enough to say, from the perspective and interest that he has, that regulation of this nature can be positive and can have a beneficial effect and that if it perhaps has a cost, and if that cost is saving lives or injuries, then it is a cost that society may be prepared to bear.

For the reasons I have given, I am unable to support the noble Earl’s amendment but I congratulate him on his contribution to the debate today, and on providing a quarry of argument which I am sure will inform the Scottish Parliament’s exercise of the powers that I hope it will be given.