Air Rifles

Nick Hurd Excerpts

Monday 9th October 2017 Commons Chamber

[The Minister for Policing and the Fire Service (Mr Nick Hurd)]

I congratulate the hon. Member for Bristol South (Karin Smyth) not just on securing the debate but on her persistence in pursuing an issue of great importance and on how she has framed tonight’s debate on safer use of airguns. I know that she has been concerned about the issue for some time following the appalling injury suffered by Harry Studley in her constituency. He was just 18 months old when he was shot with an air rifle in July of last year, and I join the hon. Lady in applauding the resilience of his family and the actions of the emergency services in saving his life.

As will become clear in my speech, the Government are not remotely complacent on this issue, but it is important to make the point early on that we have strong firearms controls in this country. They are there for a purpose—to minimise the risk of harm to the public —and, within the general consensus about the importance of these controls, the regulation of air weapons has long been a matter of debate, with lawful users arguing that they should be allowed to enjoy their property without unnecessary restrictions, and others arguing for tougher regulation to improve public safety.

As the hon. Lady rightly pointed out, the recent decision by the Scottish Government to introduce a licensing regime for lower-powered air weapons has quite rightly led to a renewed focus on the regulatory position in England and Wales. She will know as well as I do that a balance has to be struck, particularly regarding weapons that present a lower risk and weapons that are used in well-regulated environments such as shooting clubs.

I have listened carefully to the hon. Lady’s remarks this evening, and I have also given careful consideration to the report presented by the coroner in relation to the tragic death of Benjamin Wragge, who was 13 when he was accidentally shot with an air weapon in 2016. I have recently written to the coroner and confirmed my intention to review the regulation of air weapons in England and Wales. I think that this is an appropriate time to take stock of the regulatory position and assess whether the current controls, which are already strong, continue to be appropriate and effective.

[Jim Shannon]

The contributions from Members who have personal knowledge of the matter have made this a difficult Adjournment debate. When it comes to looking further into legislative change, will the Minister assure hon. Members that consultation will take place with shooting organisations such as the British Association for Shooting and Conservation and the Countryside Alliance?

[Mr Hurd]

There is no point in having a consultation if it does not include the opinions of those with a voice and an educated view, so I give the hon. Gentleman that assurance. I also provide the assurance that I will be meeting members of Benjamin Wragge’s family later this year. I will listen carefully to their views, as I will to those of their Member of Parliament, my hon. Friend the Member for Bury St Edmunds (Jo Churchill), who has written to me on the matter.

I intend to look carefully at the existing controls on air weapons, including how best to ensure that such weapons are stored safely and securely, so that they do not get into the hands of children. The hon. Member for Bristol South suggested that features such as trigger locks should be used, or that air weapons should be required to be stored in a locked cabinet. Those issues need to be looked at in some detail.

I should make it clear to the House that, although I think that a review of air weapon regulation is important and timely, we will do so against the background of existing controls that are, by all international comparisons, very robust and of a long-term decline in the number of crimes involving air weapons. For the record, I will set out some of the existing controls. First, the law recognises that some air weapons are more dangerous than others. In particular, only lower-powered air weapons can be held without a licence. More dangerous air weapons need to be licensed by the police. In addition, I believe that we have robust controls to prevent unauthorised access.

[Jo Churchill]

On a point of clarification, if a lower-velocity weapon is adapted to give it a higher velocity—I think that is, if not simple to do, quite easily achievable—how do we regulate for that, if there is no form of checking of how air rifles have been adapted?

[Mr Hurd]

My hon. Friend predictably makes a very good point. That is exactly the kind of circumstance that the review needs to look at, to make sure that regulation and controls are on top of existing practice in the market.

The point that I am trying to make to the House is that existing controls, particularly in relation to preventing unauthorised access, seem robust, on the face of it. The sale of air weapons to those aged under 18 is prohibited, and except in special circumstances under-18s cannot possess them. Air weapons can be sold only by registered firearms dealers. These dealers must keep records of all sales, including details of the purchaser, and they must complete the sale in person. In respect of online sales, although advertising on the internet and collecting payment via websites is permitted, the final transfer of the air weapon must be completed face to face and not through the post. That is an important safeguard against under-18s accessing such weapons online.

Those restrictions help us to reduce the risk of misuse. Alongside that, we know that accidents involving air weapons can occur, and that when they do, the consequences can be tragic and absolutely devastating. This is why it is vital that all who are in lawful possession of air weapons store them and handle them securely and safely.

[Nicky Morgan (Loughborough) (Con)]

The hon. Member for Bristol South (Karin Smyth) mentioned the case that occurred in Loughborough over the summer, although I am not going to talk about it because it is still subject to investigation and potentially other proceedings. She highlighted that a number of incidents have, tragically, involved young children. Will the Minister consider—perhaps this is something that we might write to him about in a review—whether there is an argument for saying that when air rifles are handled while children are around, there should be extra requirements on the behaviour of adults, if I may put it like that? That might provide an additional safeguard.

[Mr Hurd]

I thank my right hon. Friend for her intervention. I have a huge amount of sympathy for that instinct, and I encourage her to write in along those lines, as she suggests.

The Home Office provides guidance on the practical steps that owners can take to secure air weapons and on how to handle them. We will shortly—genuinely shortly—be publishing a revised edition of the guidance, which will be available online and to new purchasers as a leaflet to help reinforce the important safety messages. We will also promote the messages in magazines that are aimed at air weapon users. It is an offence for a person to fail to take reasonable steps to prevent unauthorised access to their airguns by those under the age of 18. That measure was introduced to help prevent more tragic accidents, following a number of deaths involving young people under the age of 18 playing with air weapons.

When I look at what is in place to avoid the misuse of air weapons, I see a robust set of regulations. It is an offence for any person

“to use an air weapon for firing a pellet beyond the boundaries of the premises. It is an offence for a supervising adult to allow a person under the age of 18 to use an air weapon for firing a pellet beyond the boundaries of premises. It is an offence… to have an air weapon in a public place without a reasonable excuse… It is an offence to trespass with an air weapon… It is an offence to have an air weapon if you are prohibited from possessing a firearm… It is an offence to fire an air weapon without lawful authority or excuse within 50 feet… of the centre of a public road in such a way as to cause a road user to be injured, interrupted or endangered. It is an offence to intentionally or recklessly kill certain wild animals and birds… It is an offence to knowingly cause a pet animal to suffer unnecessarily, which could be committed by shooting at a pet animal. It is an offence to have an air weapon with intent to damage or to destroy property. It is also an offence to have air weapons and be reckless as to whether property would be damaged or destroyed. It is an offence to have an air weapon with intent to endanger life.”

Looking at the statistics, it is clear that most offences involving air weapons—around two-thirds—relate to criminal damage. As for death or serious injury relating to air weapon offences, there were around 30 serious injuries relating to air weapons or their misuse in 2015-16. Although the number of air weapon offences has decreased significantly, reducing by 77% between 2003 and 2016, there was a rise last year, so it is clear that we cannot be complacent, which is why I have instructed the review that I have mentioned this evening. I hope that it has the support of the hon. Member for Bristol South.

[Karin Smyth]

I am encouraged by the Minister’s remarks. I made a point about the comparison with Scotland, so will his review of the regulation look at and learn from the evidence from Scotland and, indeed, from Northern Ireland?

[Mr Hurd]

The short answer is yes. There has been a significant intervention in Scotland and it would be quite wrong for us not to consider the evidence. The scale and circumstances are obviously different, but it would be wrong for us to ignore it completely, as my predecessors have indicated.

In conclusion, if I have not already been clear, let me be quite clear now that the Government recognise that there are legitimate uses for air weapons such as shooting sports, which the hon. Lady also confirmed in her remarks, and that a balance needs to be struck between the freedom to pursue such interests and regulation or control. The existing controls on air weapons are helping to reduce their misuse and the occurrence of tragic accidents involving these weapons, but whenever accidents do occur—I have looked back on the roll call of tragic incidents, which often involve children—it is right to look again at the controls to see whether further changes are required or justified. As I said earlier, I intend to undertake a review of the regulation of air weapons in England and Wales to assess whether any further measures may be necessary to protect the public.

Let me close by again thanking the hon. Lady for securing this debate and for how she framed it. I hope that my remarks have satisfied her that the Government take this issue very seriously indeed.

Question put and agreed to.