Scrap Metal Dealers Bill

Robin Walker Excerpts

Friday 9th November 2012 Commons Chamber

[Mr Browne]

I am grateful for that intervention. Of course, this is not Government legislation, but the legislation of my hon. Friend the Member for Croydon South. However, the Government, in supporting him, have sought to take a constructive and broadminded view. Where good ideas have been forthcoming from Members of any party, we have sought to give them proper consideration and accommodate them—with my hon. Friend’s permission—if we feel that it enhances the legislation. That is very much the approach we have taken in this instance.

[Mr Robin Walker (Worcester) (Con)]

The Minister will recall that I mentioned in Committee the support of neighbourhood watch organisations throughout the country, arguing in particular that their job of helping the police to enforce this Bill would be made much easier if licences were prominently displayed. I therefore join others, on behalf of all those neighbourhood watch organisations—and, particularly, St John’s neighbourhood watch in Worcester—in strongly welcoming the Minister’s announcement.

[Mr Browne]

I am grateful to my hon. Friend for that intervention, and I join him in celebrating the work of St John’s neighbourhood watch in Worcestershire as well as other neighbourhood watch schemes around the country that do so much to make our communities safer.

This new clause will ensure that the intention is complied with, in that a licence can be easily seen by anyone who wishes to see it, whether they be law enforcers, consumers or members of the general public. The Home Office has carefully considered whether there needs to be a sanction attached to failure to display a licence—a point that I know will be of interest to certain of my hon. Friends. We have taken the view that a sanction is needed and that a criminal offence is appropriate, albeit one that applies a modest financial penalty—namely a maximum £1,000 fine. We would expect law enforcement agencies to seek compliance in the first instance, rather than proceeding immediately to prosecution. Compliance with the requirement is relatively straightforward in that the licence with which a dealer is issued is to be displayed. This, coupled with the low penalty and the requirement to create a visual licence regime, is what has drawn us to this conclusion.

It is on this basis that I resist amendments (a) and (b). Amendment (a) seeks to place a mental element into the criminal offence so that the elements of the offence are made out only if a scrap metal dealer “knowingly” fails to comply. Proving the dealer’s mental state—the motivation—at the point when the decision was made to criminal standards of proof would be extremely difficult to prove in a court of law and it would make the securing of convictions very difficult. Amendment (b) creates a defence against the charge—namely, that if the licence was

“removed from display without the knowledge or consent”

of the dealer, that dealer will have a clear statutory defence to the charge against him. I also resist amendments (c) and (d) on the grounds that we are requiring a copy of the licence, not merely its “details”, to be displayed. I believe that requiring a licence or its copy would considerably strengthen the requirements.