Offensive Weapons Bill

Richard Graham Excerpts

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

[Victoria Atkins]

That is very much the case. Indeed, in my previous career prosecuting serious organised crime, on occasions we prosecuted organised crime gangs for, for example, the importation of counterfeit cigarettes, because that is what we could get them on. We suspected that they were importing other things, because if they had the lines open to import one type of illicit material, it followed that they probably had the ability to important other illicit materials. Sadly, as we get better at identifying modern slavery, we know that that can also include people.

Let me turn to new clause 5, which deals with an important area that colleagues across the House have expressed interest in.

[Richard Graham (Gloucester) (Con)]

If I have understood correctly, the key thing that new clause 16 does is to fill a gap in the law to cover things that happen in private properties, such as the flat in lower Westgate Street in Gloucester, where one of my hapless constituents was murdered precisely because of an argument over drug selling receipts. Can the Minister confirm that police and others would have powers under new clause 16 to move much earlier against the sort of threat that might arise in that situation?

[Victoria Atkins]

Indeed, and I thank my hon. Friend for being kind enough to show me his great city only a few months ago. We met with senior police officers and others to discuss a number of issues relating to vulnerability, including the vulnerability of those being stalked. He brings to the Chamber his commitment to helping the most vulnerable in his constituency, and he has hit the nail on the head. Filling that gap to cover threatening behaviour in a private place makes it possible to address the sort of situation that he has described. Where gangs are in somebody’s home, perhaps at a party, and things turn nasty, the location of the person holding the knife changes under the current law depending on where they are in relation to the front door. The purpose of new clause 16 is to make it irrelevant whether their threatening behaviour takes place when they are standing on one side of the front door or the other.

New clause 5 concerns the secure display of bladed products. The hon. Member for Sheffield, Heeley, who tabled it, knows that I have taken great interest in this area. We have looked carefully at whether prohibition as set out in the new clause would address the concerns that she and others have rightly raised. Our concern is that the prohibition is a blanket requirement. I have looked into whether there are ways that we could make it more targeted, so that councils with a particular problem with knife crime can lay an order covering the display of bladed products in shops in their locality. What we are doing—not what we would like to do, but what we are in the process of doing—is encouraging much stronger voluntary action by retailers to take more robust measures on displays using a risk-based approach.

--- Later in debate ---

[Stuart C. McDonald]

I shall be brief, as lots of hon. Members wish to speak.

The provisions in the Bill in relation to corrosive substances and knives are also largely welcomed on the SNP Benches, but I do not think anyone is arguing that the new provisions will transform or revolutionise the fight against knife crime or acid attacks; they can merely play a part in reducing the number of lives affected.

There has been close working between the UK and Scottish Governments, including on amendment 56, which the Minister highlighted. Many of the other amendments in the group would not extend to Scotland, or do not seem intended to do so, so we would argue that further changes to the criminal law of Scotland should be left to that Parliament and I shall speak only to one or two of the amendments tabled.

I welcome the changes to the defence relating to possession of swords for religious ceremonies. We congratulate all involved in tabling and supporting amendment 22 and we welcome the Government response, which we trust will ensure that the new offence of possessing certain particularly offensive weapons catches only those who it is really aimed at, not those involved in religious ceremonies.

It is important to speak about new clauses 1 and 14. We agree absolutely that they flag up a serious problem that must be addressed, and it is good that it has been highlighted today. In Committee, we heard evidence about the growing problems faced by shop workers and the increasing number of thefts and attacks that they face. As part of the recent Respect for Shopworkers Week and USDAW’s Freedom from Fear campaign—like other Members, I suspect—I visited a local Co-op store to hear about the challenges faced there and the steps needed to help support shop workers. I totally agree that the problem must be tackled.

A private Member’s Bill is being finalised for tabling in the Scottish Parliament in relation to the protection of shop workers, having attracted the requisite cross-party support. The Scottish Government have said that they have an open mind on whether they would support such a Bill. The proposals contained in the Bill consultation for new offences cover not just shop workers selling age-restricted goods, but bar staff, and indeed door staff. I appreciate that those tabling the amendments before us today have been restricted by the scope of the Bill before us, but as the consultation in the Scottish Parliament pointed out, age restrictions on tobacco and alcohol are almost certainly the most common flashpoints, and if we are to take a legislative approach, I would argue that ideally that would need to cover such sales, too, rather than simply corrosive substances and knives. In short, although I sympathise with the arguments that have been made today, I leave it to the Scottish Parliament to decide the issue holistically in respect of that offence in Scotland.

I will not further delay the House by talking about other amendments with which I sympathise but that relate to devolved matters. New clause 6, which would give rise to a reporting requirement, is slightly shoehorned into the Bill. A general report on the causes of youth violence would clearly be better than one restricted to youth violence with offensive weapons only, but it would, of course, be open to the Secretary of State to go further. Although crime is devolved, some of the possible causes that would be reported on under new clause 6 are not; they are reserved. To finish on a happy note, we willingly shoehorn in our support for new clause 6.

[Richard Graham]

I rise to comment on two of the new clauses. First, my hon. Friend the Minister has spoken convincingly on new clause 16 and there is widespread agreement in the House that extending the Bill to cover private places, as well as public places, is important. To add to what I said earlier, several recent knife crimes in Gloucester have been committed in public places, most tragically one at the All Nations club, one outside the Pike and Musket pub and others, but, more recently, some have been committed very much in private places—in flats and properties—and I am delighted that new clause 16 covers those places.

New clause 1 was tabled by the right hon. Member for Delyn (David Hanson), and everyone in this House wants to see not just shop workers but everyone who engages with the public—including people who work in our railway and bus stations, who are often on the frontline against such antisocial behaviour—fully protected by the law against totally unnecessary behaviour by other members of the public.

It seems to me, and I stand to be corrected, that new clause 1 would apply only to the handling of corrosive substances or bladed instruments. Although that is a good thing, most shop workers want to know that if somebody intentionally obstructs them—in other words, if somebody acts in a threatening manner—that same behaviour would be a crime whether it is a bottle of beer, a bottle of whiskey or a bladed instrument. The new clause perhaps does not suit shop workers as well as it might, but I ask the Minister to consider taking it back to the Home Office for discussion to see what might be done about it.

[Victoria Atkins]

I hope my hon. Friend realises that I listened with great care to the speech of the right hon. Member for Delyn (David Hanson), and I agree that we want to ensure that our shop workers feel protected, as well as being protected, by the law. If I may, I will reflect further on new clause 1, and I invite the right hon. Gentleman, my hon. Friend the Member for Gloucester (Richard Graham) and organisations involved in the retail arena, including trade unions, to the Home Office for a roundtable so we can further discuss the concerns that have been raised this afternoon.

[Richard Graham]

I am very grateful to the Minister. That is a really good step forward, and I wonder whether the right hon. Member for Delyn would like to comment.

[David Hanson]

I happily accept the Minister’s offer to revisit this with the trade unions and shop organisations. The reason why new clause 1 would cover only corrosives and knives is because that is the scope of the Bill; it should cover age-related products. I would welcome it if we can reflect on that, but I reserve the right to return to the matter in another place should the meeting not prove successful.

[Richard Graham]

I am not sure this is how these things often work on the Floor of the House, but this is a helpful way forward for all sides. I am grateful to the Minister and the right hon. Gentleman.

On that note, I have said all I want to say on new clause 16, which I think is good, and new clause 1, which will be taken away for consideration.

[Vernon Coaker]

Let me start by saying that I think we are all pleased with what the Minister has just said to my right hon. Friend the Member for Delyn (David Hanson) about his new clause 1. The shop workers of the country, the unions and people across the whole of our nation will be pleased with that and will look forward to what we come up with in due course.