Oral Answers to Questions

Debate between Mike Weatherley and Lord Herbert of South Downs

Tuesday 13th March 2012 Commons Chamber

[Mike Weatherley (Hove) (Con)]

5. How many prosecutions have been brought in respect of illegal encampments involving vehicles on public parks in the last 12 months.

[The Minister for Policing and Criminal Justice (Nick Herbert)]

In 2010, there were 38 prosecutions for offences under sections 61, 62B and 77 of the Criminal Justice and Public Order Act 1994. Figures for 2011 are not yet available and the data do not show what proportion of these prosecutions related to unauthorised encampments in public parks or whether vehicles were involved in each case.

[Mike Weatherley]

Will the Minister consider a review of the powers of local authorities to prosecute trespassers effectively and/or to charge occupants fees so that there is an effective deterrent against uninvited encampments and so that some of the costs associated with unwelcome activity can be recouped?

[Nick Herbert]

I appreciate my hon. Friend’s concern, which is widely shared, about illegal encampments, whether they are on private land, thereby attempting to subvert the public planning process, or ruining people’s enjoyment of public parks. A range of powers are available to the police and agencies, and we are strengthening them through the latest legislation, the Police Reform and Social Responsibility Act 2011, to allow local authorities to attach the power of seizure to their byelaws. We want to ensure that the new powers are used effectively.

Firearms Control

Debate between Mike Weatherley and Lord Herbert of South Downs

Monday 20th December 2010 Commons Chamber

[Nick Herbert]

My hon. Friend the Under-Secretary tells me that he is going to say “two months” in his winding-up speech. I hope that the right hon. Gentleman considers that a suitable period within which to respond to such a sensitive issue.

The issue of the mental health of applicants for firearm and shotgun certificates has also been raised. As the Committee has noted, it has now been agreed between the British Medical Association and the Association of Chief Police Officers that the police will notify a GP of the grant and renewal of a firearm and/or shotgun certificate. The implementation of that arrangement is being sought within the next six months. In essence, the process will involve a system of notification by way of a standard letter, which means that GPs will be in a position to alert the police if they have any concerns. The police will then be able to request a medical report under the procedures mentioned at the start of the debate. I believe that that is a welcome move. There will be further discussions in due course about the possibility of placing a marker on computerised medical records to create a more enduring record of which patients own a firearm.

I believe that that development indicates that the authorities have been able to take sensible steps to improve the operation of firearms laws in the light of public concern. However, I agree with the Select Committee’s suggestion that requiring firearms applicants to undergo a compulsory medical check would be costly and would be regarded as disproportionate.

Overall, the Committee’s contribution to an ongoing subject of consideration is very useful, and we will consider it fully before deciding on our final course of action. As we consider our response, it will be important to provide an opportunity for wider engagement with the issues, and we will announce shortly how we will ensure that it is provided.

[Mike Weatherley (Hove) (Con)]

Will the Minister also consider instances where sentencing may have been too lenient? I understand that the sentence for illegal handling of firearms is five years’ imprisonment and that the sentence for an aggravated offence is seven years, but that that is rarely upheld in the courts. Will the Minister consider whether we can strengthen the position by increasing the sentence, if it does not constitute a sufficient deterrent?

[Nick Herbert]

I think that I am right in saying that such sentences have been toughened considerably in recent years. As my hon. Friend knows, we recently published a Green Paper on sentencing. There will be an opportunity to respond to it, and he will be welcome to do so. We will, of course, consider further representations about the levels of offences, but I think that this is a question of enforcement as much as penalties.