Offensive Weapons Bill

Mark Garnier Excerpts

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

[Huw Merriman]

I wish to speak to Government amendment 26 and other related amendments. I had not intended to speak, but I feel duty bound to do so. Some time back, when the proposal to ban .50 calibre weapons came to the fore, like many of my Conservative colleagues, I wrote to the Minister to ask for the evidence base for it. The response I got back did not ultimately persuade me that there was such an evidence base. I think of myself as a libertarian, and if we are going to ban anything, there needs to be a justification for doing so. I was very much part of raising that query and concern.

I absolutely supported the amendment tabled by my hon. Friend the Member for The Cotswolds (Sir Geoffrey Clifton-Brown), which would have tightened up some of the rules around gun clubs with regard to these weapons. I am speaking in order to do almost an about-turn—I touched on this in my intervention during my hon. Friend’s speech—and this has really come to light for me. The issue is not so much about the .50 calibre weapons. I take the point, and it is well made, that one would not be able to remove and use this type of weapon in such a way; they are used for a specific purpose. None the less, if we are not careful with our gun clubs and do not make sure that the rules are tight, there will be situations where there are breaches that have tragic consequences. I want to reference what I touched on in my intervention.

I will run through the exchange that happened during the court process. Mr Craig Savage, the constituent I referred to—in fact, this happened just into a neighbouring constituency—managed to book his local gun club. It is my local gun club—I have actually used it—and the same one that has written to me to try to persuade me how safe it is and what a great pursuit the sport is.

[Mark Garnier (Wyre Forest) (Con)]

I refer the House to my entry in the Register of Members’ Financial Interests. Does my hon. Friend not agree—I am aware of the point he is about to make—that gun clubs provide a sport that is gender-blind, ability-blind and age-blind, and that target rifle shooting is one of the most egalitarian sports available?

[Huw Merriman]

My hon. Friend is absolutely right. Gun clubs do, indeed, provide such a sport. I will suggest to the Minister where we can support them in their endeavours and actually make things better. Quite frankly—and gun clubs are aware of this as well—if they do not fulfil their role in a safe and secure manner, they know full well that it will be very hard for us, as their representative MPs, to justify their continued existence.

I want to take the House through the transcript involving the defendant and 1066 Target Sports. The defendant had asked whether he and a friend could book a live fire at 6.30 pm on the Friday. In one email, he asked whether it was busy during that time, and he later took up the offer of booking out all the lanes so that he and his friend

“could have the place to ourselves”.

I am sure colleagues are wondering why, at this point, nobody smelled a rat. The next day, he emailed to say that his friend had dropped out and he would have to “swing back another time”.

The defendant arrived at the complex at about 5 pm on the Friday of the shooting and was met in reception by Mr Graves, the deputy manager. Mr Graves said that the defendant had mentioned that he had prostate cancer and did not have much time to live. During the live firing he spoke about religion and rifles, and he made reference to “police-assisted suicide” and wanting to be “remembered as a man”. The defendant then went to the toilet. While the deputy manager was reloading, the defendant returned, wrestled the gun away, aimed it at his chest and said, “I will not hurt you, but I will need you to open the door”, which he duly did.

The defendant then made the 10-minute journey to Bexhill Road, where at 7.40 pm Raven Whitbread, her mother Heather Whitbread and her sister Michelle Savage were sitting in the lounge relaxing and eating a meal. Suddenly the defendant smashed through the window. Raven was told by her sister and mother to hide, as she was seven months pregnant. Raven said that she saw Craig Savage standing over her sister, and then she saw her body jolt. She ran into the annexe to call the police. Her mother was shot dead thereafter.

That is what happens if we do not get this right. People lose their lives in tragic situations because sometimes we too blindly see the risks as being so small that they will not occur. But when the law is broken, tragic events occur and people lose their lives. I think that we are duty bound not to say that the risks are so small that we should not control legitimate behaviour. We should ensure that those risks are minimised even further, and reduced to zero if possible.

I am asking the Minister whether we can look at gun clubs to ensure that they are made more secure, along the lines that my hon. Friend the Member for The Cotswolds talked about, and really to look at a wholescale review and reform of gun clubs. If we do—I will tell my local gun club this—I just cannot support them.

--- Later in debate ---

[Mark Garnier]

rose—

[John Woodcock]

No, I am not going to give way.

We know that the terror threat is growing. The Government received clear advice that these—

Offensive Weapons Bill

Mark Garnier Excerpts

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

[Will Quince]

The hon. Gentleman raises a good point. There is no easy answer to this issue; if there was, successive Governments would have addressed it. That was why I was making the point that to really address knife crime and why people carry weapons, we need to understand the root causes and then put in place interventions at numerous points on the journey towards criminality. Even when someone has entered criminality, we should intervene at the earliest possible opportunity to try to break the cycle and turn someone’s life around.

On the online sale of weapons, I very much welcome the banning of the delivery of knives and corrosives brought online, and especially the fact that they will no longer be deliverable to residential addresses. I agree with the position in the Bill: there is no reason why such items cannot be purchased in person. The Bill goes some way to addressing the move towards online purchases, but I have a couple of questions for the Minister. Have we looked into age verification on delivery, which is an option that already exists for a number of products? I appreciate that there are some flaws with that approach, but I think there is something in it to be teased out in Committee. Have we assessed the possibility of individuals getting these weapons delivered to workplaces instead? So many people have even private parcels delivered to their workplaces, so we must ensure that there is no loophole for people to purchase corrosives or knives using that route.

On retailers, have we done any liaison with retailers on theft? If we are to make knives more difficult to come across—I refer back to what I said about these items being in most of our kitchens up and down the country—what work has been done on theft? I can walk into any Sainsbury’s or Tesco store—other supermarkets are, of course, available—and notice that in the kitchen aisle it is only the high-value knives that have any kind of security tag. Some of the very sharp, low-priced knives are just there on the shelves for anybody to pick up. I should also point out that they are not even always above the height that children can reach, which is perhaps another point that needs to be considered. I am not sure whether we need to go as far as having all knives behind a counter so we have to request one, as we do with cigarettes. Perhaps we should look at some kind of security tagging of knives, especially sharp knives. I do not know whether we have looked at having cabinets in shops. I am conscious that that is not the panacea; it will not fix the issue, but it might go some way towards making it harder for individuals to get hold of a knife.

As has been said by many hon. Members, constituents have raised firearms as an issue. Although I represent a wholly urban constituency, I have a number of people who are interested in firearms for sporting purposes. I have some sympathy with the Government’s view on the banning of .50 calibre rifles for civilian ownership. These are very high-powered rifles that can punch through armour. I know that they have been banned in California under Governor Arnold Schwarzenegger. Inevitably, with any such policy, we must make sure that it is evidence based. I understand that there is a case of one of these weapons being stolen, but it was recovered very quickly by the police. We need to make sure that our policy is evidence based. We are talking about a very small number of these weapons. As far as I understand it, we do not have any evidence of these weapons having been used in crimes.

[Mark Garnier (Wyre Forest) (Con)]

My hon. Friend makes a very good point. As for what the Government have tried to achieve, this Bill is, in every other respect, almost a perfect Bill. However, what they run the risk of doing with a ban on .50 calibre rifles is demonising people in the community who are incredibly law abiding. What we do not want to do is to fall into the trap, which we did with the Dangerous Dogs Act 1991 and the handgun ban, of creating bad law when, actually, this Bill in every other respect is very good law.

[Will Quince]

I agree with my hon. Friend. I could understand it if there was a compelling case that these particular weapons had been used in extensive criminality, or indeed if there was a very strong evidence-based case against them because there was a threat that they would be used in some form of criminality. My hon. Friend the Member for The Cotswolds (Sir Geoffrey Clifton-Brown) put it very well: there are a very small number of individuals who use these weapons. If the Government believe that there is case to do something, then absolutely, yes, let us do so. Let us look at the security of these firearms. Let us perhaps look, in extremis, at allowing them to be kept only at ranges, and secured with equipment that is not usually found domestically. However, there is concern among the sporting firearms fraternity that this might be the thin end of the wedge and that it would lead to further such banning of weapons.

All I am saying to the Minister is: can we take a look at this matter in Committee to make sure that any approach that we take is indeed evidence based? That also goes for the case in relation to manually actuated release system rifles. I agree with the Government’s fundamental position that these are, in theory, dangerous weapons, but I also appreciate the views of those constituents who have contacted me who have a disability. One in particular has contacted me and said that this is the only weapon that he can fire, and the measure would mean that he could not partake in his sport. We need to consider whether we argue for an exemption, whether we tighten up the measures to ensure that these rifles are more secure than most other firearms have to be, or indeed whether they have to be kept at a registered range. I hope that the Minister will take that away and look at it, along with a number of points that have been made by colleagues, in Committee. Let me reiterate the point that any change that we make must absolutely be evidence based.

To conclude, this is a good Bill. Its intentions are indeed very good and sound, but there is work to do in Committee, and there is certainly further work to do on the serious crime strategy. I just hope that we can be pragmatic and look at any and all measures in the future that will go some way towards addressing the scourge that is knife crime—or indeed any crime involving weapons of this nature.

--- Later in debate ---

[Tim Loughton (East Worthing and Shoreham) (Con)]

You must be older than that.

[Mark Garnier]

His 59th—no, 69th—

[Simon Hoare]

I am ignoring the comments of my hon. Friends.

[Mark Garnier]

Give him a bus pass!

[Simon Hoare]

I’ll give you something in a minute.

There is a clear and compelling narrative that some changes to the Bill are needed as it moves forward. What does the Bill seek to achieve? If anybody thinks that by the stroke of a legislative pen and the creation of new statutes these crimes will be eliminated—I am not suggesting for a moment that Ministers on the Treasury Bench believe this—they will find that that is not going to be the case, although the Bill will clearly act as a deterrent.

As so often, however, when putting in place deterrents, we have to be careful. We know who we are seeking to deter, but very often the legislative deterrent has no impact at all on their daily modus operandi of criminality, gangland behaviour, drug dealing and so on. However, as an unforeseen consequence, it may be the most terrible burden and nuisance to law-abiding citizens trying to go about their daily business or to pursue their hobby. As my hon. Friend the Member for The Cotswolds mentioned, we quite rightly have one of the most, if not the most, rigorous firearm licensing regimes in the world, but, notwithstanding that, we still have gun crime. Previous legislation has made certain pistols and handguns illegal, but they are very often the preferred weapon of those in gangs and the weapon of choice of others engaged in criminal activity.

[Mark Garnier]

Will my hon. Friend give way?

[Simon Hoare]

Notwithstanding my hon. Friend’s earlier rudery, I will give way.

[Mark Garnier]

I am sure my hon. Friend needs to take the weight off his feet for a moment or two during his magnificent speech. The important point he makes about gun crime is that it is committed not with legally owned guns, but with illegally owned guns. In keeping guns away from criminals, the law is probably not working as well as it should do, and that is what should be addressed.

[Simon Hoare]

My hon. Friend is right. The Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), was a prosecuting barrister in a previous life. She will know, as lots of other people do—[Interruption.] Ah, here she is; she arrives. As if by magic, my hon. Friend is summoned up. I was just saying that, in a previous existence, she was a prosecuting barrister, and I know—not least because she has told me this on so many occasions—that she will appreciate the importance of evidence. We are making law, and as important as the issues are that we are seeking to address, the law has to be based on evidence.

It may well be that there are certain things that my right hon. and hon. Friends on the Treasury Bench cannot tell the House: there may be evidence from the National Crime Agency and others that it would be entirely inappropriate to share with those who are not Privy Counsellors, or whatever. However, I take the point made by my hon. Friend the Member for Wyre Forest (Mark Garnier). Like colleagues, I have yet to find any canon of persuasive evidence that does not lead me, for what that is worth, to the conclusion that if we harry and pursue the softest targets—those who have a licence, those obeying the law to the letter and those who have clearly indicated, in response to consultation, their willingness to go the extra mile in terms of security, vetting, referencing and so on and so forth—they will be the ones most affected, without the concomitant benefit of increasing safety on our streets.

If there is evidence telling us that a whole cadre of crimes is committed on our streets by people who are licensed to have a shotgun or other firearm, clearly the House will need to recalibrate its message on that point.

Windrush

Mark Garnier Excerpts

Wednesday 2nd May 2018 Commons Chamber

[Ms Abbott]

I have to make progress.

In May 2012, the Prime Minister told readers of The Daily Telegraph:

“The aim is to create here in Britain a really hostile environment for illegal migration.”

As I have said, no Opposition Member supports illegal migration, but the problem with the hostile environment that the Government set up was that it swept perfectly legally British citizens up with it. So the Home Secretary will forgive me if I wonder about his claiming now to be abandoning the “hostile environment” title. I say this with all due respect, but his predecessor never seemed to be in command of policy on this matter. She was used as a human shield by the Prime Minister. I would hate to think that he will find that he is not in charge of policy on this matter either, but the Prime Minister is. In any event, unless and until the Prime Minister announces the abandonment of the form of hostile environment policy that she instituted and demonstrates that that is the case, we should all understand that the policy remains in place: the labelling and the spin do not matter. Unless the Government formally change their policies, Opposition Members will be clear, and this country will know, that their treatment of the Windrush generation was not an aberration and not a hiccup—it was the predicted consequence of a policy that they intend to continue with.

[Mark Garnier (Wyre Forest) (Con)]

Will the right hon. Lady give way?

[Ms Abbott]

I am coming to an end now.

One of the important things about the Windrush scandal is that it is an opportunity to review immigration policy and the administration of immigration policy. We now have a situation where, because of the way that immigration is currently administered, this Government are preventing doctors from coming to take up jobs that they have been offered by the NHS. The NHS is in crisis. There is a shortage of 10,000 doctors, and the total number of NHS vacancies is in the tens of thousands. We therefore need to review immigration policy so that it is not only more humane but actually works in the interests of this country. We have seen a similar grotesque policy of wrongly removing overseas students from courses they have paid for, as this morning’s Financial Times reports. The NHS is suffering, our education system is suffering, and many others sectors are suffering: all because of a narrative on immigration that deems immigration to be toxic.

Finally, let me say this. The Windrush generation played an important role after the war. The Windrush generation are very meaningful to many of us who were brought up by that generation. They did not deserve to be treated in the way that they were. Ministers say they did not know, but there was a pattern in what was going on; they chose not know. As I said at the beginning, this issue is not going to go away. Opposition Members will not stop until we get not promises and not spin, but justice for the Windrush generation.

Metal Theft

Mark Garnier Excerpts

Tuesday 7th February 2012 Commons Chamber

[Mark Garnier (Wyre Forest) (Con)]

I, too, congratulate those hon. Members who have managed to secure this debate. It is an incredibly important issue and, as many Members have said, a big scourge throughout the country.

I also voice my gratitude to the Home Secretary for announcing a couple of weeks ago the end of cash payments in scrap metal yards. It is testament to how seriously the Government take the issue that they are doing something fairly constitutionally important, which is to introduce a law that prevents an entire section of society using legal tender. This is a very welcome move, but we should not forget that important point.

Last week I met the Wyre Forest Safety Partnership, which includes the police, and talked about how we can best help them. It is worth bearing in mind that there are plenty of laws available to prevent the scourge; it is just a question of helping the police to gather more evidence in order to implement the law and to effect more prosecutions.

[Gavin Williamson (South Staffordshire) (Con)]

In South Staffordshire my local district council has worked closely with the police to crack down on those who collect scrap metal, and it has found an exceptionally large number of vehicles that are not MOT’d, not insured and should not be allowed on the road at all. Is that something on which other district councils need to follow suit?

[Mark Garnier]

I am grateful for that intervention. Not only are a lot of dealers not insured, but many are not even licensed, and one suggestion from the police in order to deal with the problem is to license those scrap metal merchants who used to be the rag and bone men with whom we will be familiar thanks to “Steptoe and Son”, but who are now more technically minded and have flatbed trucks. So licensing is another measure that could be helpful.

In our talks, the police came up with a number of ideas, and they have been successful locally in Wyre Forest. After seeing 60 offences last March, they managed to get the number down to 17 in November, but I shall give the House a flavour of the anomalies that they mentioned, and discuss some of the ways in which we can help them to gather evidence in order to effect prosecutions.

An anomaly that I found surprising is that the police are allowed to visit licensed scrap metal yards, but need a warrant to visit unlicensed yards. I was not aware that there were unlicensed yards, but apparently there are. That situation favours the unlicensed premises, which is ridiculous. We definitely need to do something about that.

The police would like an absolute offence of possession. One problem is that a scrap yard might have a pile of manhole covers, but the owner can say, “A lorry came in, weighed in, unloaded and weighed out, and I paid them for the scrap difference, not having seen the manhole covers that were hidden at the bottom of the lorry.” That is a reasonable defence, apparently. The police would like the law to be changed so that the possession of stolen goods—clearly, manhole covers will probably be stolen—is an offence in itself. That would put the onus on the scrap metal merchant to explore the contents of the load, rather than just check its weight. That is incredibly important.

My hon. Friend the Member for Dudley South (Chris Kelly), who I think has slipped off to get a cup of coffee, mentioned the walk-in trade. It is one thing to be able to photograph vans and their licence plates when they come in. It is another thing when youngsters come in, perhaps saying that they are apprentice electricians, with bags of copper wire, because there will be no record. A ban on walk-in trade would be incredibly important.

Finally, there is the concept of specialisation. There are two sides to this argument. The first, which the British Metals Recycling Association pointed out when I met it a couple of weeks ago, is that some large companies that have a lot of scrap metal, such as utility companies and Network Rail, deal with 500 or 600 organisations to dispose of their scrap. If they were to limit that to just a handful of organisations, we would know, if rail track were found in a yard that was not a specialist rail disposal yard, that it was stolen. Similarly, the police suggest that some yards might want to specialise in certain areas, so that people know that they will deal only in cable, for example. That is an idea. I am not sure that it is workable, but I certainly think that it should be considered.

Clearly, this is a big problem and a lot of people are keen to sort it out. The sooner we deal with it, the better.

Oral Answers to Questions

Mark Garnier Excerpts

Monday 12th December 2011 Commons Chamber

[James Brokenshire]

We are moving forward with this quickly. That is why we are taking the action that I have outlined today. We are also dealing with the aspects that he mentioned—on the regulation of the scrap metal industry, on having stronger enforcement powers to ensure that those responsible for these actions are held accountable for them, and on ensuring that we move to a cashless model of payment. Those are precisely the areas on which we are focusing, and we will report back to the House shortly.

[Mark Garnier (Wyre Forest) (Con)]

My hon. Friend will know that not just schools and churches but voluntary organisations, such as the one that runs the Severn Valley railway in my constituency, have been victims of this invidious crime. He will also know that an all-party group on combating metal theft was set up last week under the joint chairmanship of my hon. Friend the Member for Dudley South (Chris Kelly) and the hon. Member for Hyndburn (Graham Jones). Will the Minister agree to meet me, along with other officers of the all-party group, to discuss how we can combat metal theft?