Firearms Bill

Lord Sharpe of Epsom Excerpts

2nd reading
Friday 14th July 2023 Lords Chamber

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, I am very grateful to my noble friend Lord Colgrain for bringing forward this Private Member’s Bill to the House and for his introduction. I join him in paying tribute to Shaun Bailey MP in the other place for initiating the Bill. I also commend my noble friend for the thoughtful and very compelling case he has made for these two firearms measures. I thank all those who have contributed to the debate today. I welcome their support and constructive comments on our firearms controls.

I am very pleased to say that the Government support this Bill. As the noble Lord, Lord Browne said, it improves the existing legislation and, as the noble Lord, Lord Ponsonby, just noted, our laws must remain fit for purpose and be kept under review. I am a shotgun certificate holder myself and a member of the BASC, the British Association for Shooting and Conservation. I have an interest in this area, and I know that the BASC, as a representative of shooting interests, is broadly supportive of the measures put forward in this Bill too.

We keep this country’s strong gun controls under review and are prepared to consider taking action to strengthen them further if the evidence shows this to be necessary. That is why we fully support the measures contained in this Bill, and it is why, as my noble friend noted, we launched a firearms consultation on 29 June, following recommendations made in the wake of the terrible shootings in Keyham and Skye. The firearms licensing consultation will be open for eight weeks. We will listen most carefully, and with a balanced and proportionate approach, to the views which come forward on whether further changes are needed to this country’s robust firearms controls.

This Bill is about addressing two vulnerabilities which have been identified in the existing licensing controls. We committed to taking action on both of these issues following a public consultation conducted on a number of firearms safety issues in late 2020 and early 2021. As noble Lords have heard today, the Bill tightens the law around miniature rifle ranges, while preserving the existing benefits that they offer. It still enables those who are new to target shooting to experience the sport without having to be a certificate holder, but it ensures that this will take place in a safe and controlled environment by removing the exemption that currently allows those operating such ranges to do so without first obtaining a firearms certificate. Removing this exemption will mean that the operator will be subject to the usual police criminal record and suitability checks, as well as police checks to ensure that the rifle range is run safely and that the firearms used there are stored securely. Miniature rifles will also be more tightly defined in law so that only less powerful .22 rim-fire firearms may be used on miniature rifle ranges.

As we have discussed, the Bill also tackles the unlawful manufacture of ammunition by introducing a new offence of possessing component parts with the intent to assemble unauthorised quantities of complete ammunition. The police have raised concerns that the component parts of ammunition are too easy to obtain and are being used by criminals to manufacture whole rounds of ammunition. The new offence means that the police will be able to better prosecute cases where criminals are manufacturing ammunition, including where only some of the component parts are present, provided that intent is shown. This measure supports the police in tackling gun crime.

Both these measures received support in the public consultation that I referred to earlier. It was widely acknowledged, including by those representing shooting interests, as well as those who wish to see tighter firearms controls more generally, that these changes will help to strengthen our firearms controls. This Bill will make a valuable contribution to firearms legislation, while making sure that those who wish to continue to legitimately engage in firearms activities, whether that involves target shooting at clubs or activity centres, the legitimate home loading of ammunition or other lawful activities, are able to continue to do so.

I shall come on to some of the more detailed questions. My noble friend Lord Attlee has spoken about the position of older deactivated firearms which can be possessed but not sold or transferred without complying with the current deactivation standards, which are aligned with EU deactivation standards. I understand his concerns about this issue. We will keep all firearms matters under review and will consider our deactivation standards to see whether changes are necessary to the current position. As regards his specific question about REUL, I cannot comment, but I shall obviously make sure that his concerns are registered. I also note his comments about the possible value of his grandfather’s firearm, but I have to say, given its provenance, it might be worth rather more than he thinks.

My noble friend, as well as the noble Lords, Lord Browne and Lord Ponsonby, also raised the question of how we continue to keep people safe with the emergence of firearms produced using 3D printers. 3D-printed firearms fall within the scope of the Firearms Act 1968 and are subject to the same controls and licensing requirements as any other firearm. There have been successful prosecutions; in fact, I literally just googled this, and there was one on 23 June in West Yorkshire for possession of a 3D-printed firearm. So the law is working—but the Government are committed to tackling the threat posed by 3D-printed guns, and we are working closely with law enforcement, including the National Crime Agency, as part of the multi-agency response to the emergence of 3D-printed firearms.

The noble Lord, Lord Ponsonby, questioned me a little more closely on the intent point with regards to the new ammunition offence. We listened carefully to the calls for the clauses on ammunition to be explicit about the need for criminal intent to be proven, to ensure that those who legitimately manufacture or home-load ammunition are not inadvertently caught by the provisions of the Bill. Because of this, the drafting of the legislation is, rightly, very clear about the need for intent to be proven. I have heard what the noble Lord says. As I say, the whole issue remains under constant review.

The noble Lord, Lord Browne, asked me about the consultation and whether it will include a presumption in favour of granting a firearms licence. We did look at this issue in detail. The legislation makes it clear that the police must first be satisfied that issuing the licence will not endanger public safety or the peace. Therefore, such changes to the legislation would make no practical difference to the current application practice, which is centred on the requirement for the police to be satisfied that the applicant is suitable and safe to be granted a firearms licence.

The Government will continue to listen carefully to recommendations that we receive about how to further improve our firearms controls. We are open-minded to change, while ensuring that our response is proportionate and focused on areas of vulnerability where those are identified. Where necessary, we must strengthen the legislation on which our controls are based, and the measures in this Bill of course do that. But we will also use other tools—and I think these will answer a number of the questions of the noble Lord, Lord Ponsonby. We have committed £500,000 in funding to support development and rollout of a new training package for firearms licensing staff, developed by the College of Policing and the National Police Chiefs’ Council. In due course, the training will become mandatory for police firearms licensing staff.

On 14 February this year, we refreshed the statutory guidance for the police on their licensing functions, to ensure that the police are making the necessary inquiries before granting or renewing firearms licences. The statutory guidance aims to raise standards and improve consistency across all police forces. In addition, the Government have worked with the medical profession to put in place robust medical arrangements as part of the licensing controls, to ensure that those who hold firearms are physically and mentally fit to do so. A new digital marker system to flag firearms owners to doctors has been introduced to GP surgeries, which will further strengthen these arrangements.

The Home Office has also launched a review of firearms licensing fees: the fees that the police charge for the issue or renewal of firearms licenses. We will be consulting on any changes that will be required later this year. The purpose of the review is to provide full cost recovery for the police, so that they have the resources they need to maintain effective and efficient licensing arrangements that meet the needs of firearms owners, while also ensuring that the public are kept safe.

His Majesty’s Inspectorate of Constabulary and the fire and rescue services will be conducting a thematic review of police forces’ firearms licensing arrangements in 2024-25. That will provide us with an important opportunity to take stock of the changes that have been introduced and to ensure that we are doing all we can to ensure that our licensing arrangements are safe and meet the needs of the shooting community, alongside the overarching need to ensure the safety of us all.

I am glad that we will make our robust firearms controls even stronger through the measures in this Bill. The new requirement for a firearms certificate will enable the police to check the suitability and security of those running miniature rifle ranges, while preserving the benefits that they offer, including to newcomers to the sport of target shooting.

I shall address the final couple of questions asked by the noble Lord, Lord Ponsonby, as regards a regulator, or perhaps a central licensing body, to administer firearms certificates. There are no plans at present to create such a body to administer firearms licensing. We believe that there is some value in having local police firearms licensing departments. That enables the police to be in touch with the local communities and local medical practitioners, as well as being able to visit the applicants.

As regards the noble Lord’s question about the coroner’s report and the timetable, I am afraid I do not have any information on that as yet. Of course, I shall report back as soon as I am able to. As regards the Online Safety Bill, I have heard what the noble Lord has said, and I will make sure those concerns are passed on to the relevant department. I am afraid I do not have any comments that I can usefully make as regards toys, although I note the incredible likeness between the real firearms and some of the toys that are manufactured.

The amendment to the legislation on ammunition will give the police the tools to bear down on criminals who fuel gun crime by manufacturing ammunition unlawfully. The introduction of the new offence of possession of component parts with the intention to assemble unauthorised ammunition is another important step in the fight against crime.

I reiterate my thanks to my noble friend Lord Colgrain for bringing this Private Member’s Bill before the House. I hope to see it receive Royal Assent, as I believe it will have a significant impact in strengthening our firearms controls still further. The Government are in full support of the Bill and the important changes it will bring.

Finally, I am afraid I do not know the difference between temporary licences and the more traditional ones, if you will, but I will find out and report back.