Firearms Control

Simon Hart Excerpts
Monday 20th December 2010

(13 years, 11 months ago)

Commons Chamber
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Diana Johnson Portrait Diana Johnson
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I am very happy to pay tribute to the Churches, and I also know that my hon. Friend spent a great deal of time working with the communities and making sure that the families and victims had everything they needed.

This debate is timely. The Select Committee on Home Affairs report on firearms control was published at one minute past midnight. It examines in detail whether, in the light of the dreadful events in Cumbria and Northumbria earlier in the year, we need to change our firearms legislation. We must remember, of course, that not all the reports on the events in Cumbria and Northumbria are available. Although we have had less than 12 hours to consider the Committee’s findings and recommendations, it will be useful for us now to start to set out some initial thoughts about the report and to raise some of the issues that will certainly impact on this policy area in the weeks and months to come.

Having read the report this morning, I commend it as excellent. The Committee undertook extensive deliberations and produced some thoughtful recommendations. I appreciate that the Government will wish to consider them carefully before responding fully in due course. I also note the strong feeling on both sides of the firearms control debate, and I thank those groups and organisations who have provided helpful and thorough briefing material. We should also note that changes to firearms control legislation are often a result of tragic events such as Hungerford and Dunblane. This is clearly a very sensitive issue.

I read with great care the report of the debate on the Cumbrian shootings that was held in the House at the instigation of my hon. Friend the Member for Copeland (Mr Reed). He has been unanimously praised for the leadership he showed in his community both at the time and since. I pay tribute to him as well, and to other hon. Members from that area whom I know also worked tirelessly at that time. I took particular note of my hon. Friend’s comments about reviewing firearms control in the wake of the tragedy in his constituency. He felt that we should not have a knee-jerk reaction, and that it was important to collect all the facts and consider all the evidence before reaching conclusions. That is the right approach. There is agreement across the political spectrum that there must be mature consideration of the key issues in respect of firearms control. My hon. Friend also made telling remarks about the media, and their portrayal of what had happened in his community. The Select Committee also commented on that.

Unfortunately, my hon. Friend has had to leave the debate early tonight, and he has made clear his concerns about its being scheduled just a few days before the House rises for Christmas. It should also be noted that he is on paternity leave at the moment, but he felt so strongly about this issue that he made a special effort to come to the House. I know he will look to the Government to respond to the Select Committee’s recommendations by way of an oral statement in the House—rather than a written statement—so that there can be further debate on these issues.

Let me say a little about the historical context to our debate. Since the 1920s, we have used legislation to control firearms. That is now set out in 34 pieces of legislation. The main one is the Firearms Act 1968, which, as the Minister said, has been amended many times. It is widely agreed that we now have some of the strictest gun controls in the world.

Shotguns are used for pest control, game shooting and target shooting. There are 1,366,082 shotguns in England and Wales, held on 574,946 certificates. Applications are made under section 2 of the 1968 Act. There are also 138,728 firearms certificates, which cover 435,383 guns in England and Wales, including barrels and sound moderators. The majority are sporting rifles that are used for pest control, deer stalking and target shooting. The application process for firearms, under section 1 of the Act, is different.

We must recognise the important role of shooting as a legitimate recreational activity in this country. In 2005, the Labour party set out its charter for shooting, which recognised that there was no connection between legitimate sporting shooting and gun crime. We also know that the sport of shooting is a £1.6 billion industry, in which 70,000 people are employed in full-time jobs. I note from the Select Committee report that it, too, recognises that thousands of people use firearms in recreation and in their employment, and that it in no way wishes to restrict such activity. However, it is always helpful to test the effectiveness of firearms control and review current thinking on it.

After the shootings by Derrick Bird on 2 June, when he killed 12 people and injured a further 11, the Association of Chief Police Officers was asked to produce a report, as Derrick Bird was in lawful possession of firearms. The report’s remit was to look both at that specific case and any wider issues. It was produced by the ACPO lead on firearms licensing and chair of the ACPO firearms and explosives licensing working group, Assistant Chief Constable Adrian Whiting, and was published on 2 November.

The report made three key recommendations. First, it recommended the establishment of formal links between GPs, mental health services and police forces to enable medical professionals to alert the police if they have concerns regarding certificate holders. Secondly, it said the cost of any GP report should be borne by the applicant. Thirdly, it recommended that formal approaches should be made to members of an applicant’s family at the grant and renewal of the certificate. It is clearly very helpful to have this report as a further source of information for the Select Committee and the Government to reflect upon.

Let me now address a few of the specific recommendations in the Select Committee report. First, on the role of GPs and their involvement with firearms control, the Committee welcomed the recent agreement between ACPO and the British Medical Association that the police will alert GPs to every new and renewal licence application. That is an important step in ensuring that the licensing authority receives accurate medical information about applicants. It carries on some of the work started under the previous Labour Government, and we support the change.

It is interesting to note that an applicant may also approach their GP as a person of good character to act as a referee or counter-signatory for a certificate application. If a GP becomes worried about his patient, the BMA has issued guidance that doctors should

“be prepared to breach confidence and inform the appropriate authorities if necessary.”

That is very important in respect of those who have held licences for some time.

Simon Hart Portrait Simon Hart (Carmarthen West and South Pembrokeshire) (Con)
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Does the hon. Lady not agree that what she has just said might put off a legitimate holder of a certificate who feels that their health might be, for whatever reason, deteriorating from going to their GP at all, because they might believe that their certificate would be in jeopardy? That would constitute a substantial danger not only to the public, but to that person’s health.

Diana Johnson Portrait Diana Johnson
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Those points were aired at the Select Committee. I know the BMA has taken a certain view, and it has decided on giving this particular advice to their GPs. However, I will have a little more to say about GPs and the people who go to see them more regularly.

The view was also presented to the Select Committee that the medical records of firearm certificate holders should be tagged. That would enable a GP who becomes concerned about a person’s health to notify the authorities. The Select Committee rejected that approach. The Information Commissioner’s Office raised concerns about the effect of tagged medical records, the British Association for Shooting and Conservation believes that this would create a further burden on GPs, and GPs were concerned about the issue of liability.

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Thérèse Coffey Portrait Dr Coffey
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I could not agree more strongly with my hon. Friend and neighbour. That message is reinforced not only by my constituents who have contacted me but by patrons of my local, who are all regular shooters and wish not to be demonised for being so.

Felixstowe rifle club is one of many that had to adapt to the 1997 ban on handguns, which seems to have put an end to the sport of pistol shooting but done little to prevent the use of handguns in crime. Although legitimate handgun owners have given up their weapons, criminals show no sign of abating their use of them: in 1980 handguns were used in 529 robberies, and by 2008 the number had risen to 2,565 cases—down from a peak of 3,544 cases in 1992. In 2008 handguns were involved in 28 of the 39 firearms-related homicides that year—almost three quarters of all murders perpetrated using a gun. In contrast, only seven involved a shotgun and three a rifle. Rather than spending our time and energies picking off legitimate owners as easy targets—I include young people in that—we should be grappling with the more difficult, but much more important, question of how to tackle the criminal fraternity on the illegitimate use and manufacture of guns.

Young people have been mentioned, and although there is no connection with the recent incidents I take this opportunity to remind the House that 10 years ago the Government of the time said there should be no ban, and no minimum age for the issuing of licences, because supervised shooting is an important way of encouraging young people to use weapons appropriately.

The use of illegal handguns in our inner cities to commit crimes, including murder, has gone relatively unreported by the media, who seem happy to focus more on anomalous cases than on the real problem at hand. Some 55% of all firearm offences occur in just three police areas—the Metropolitan, Greater Manchester and West Midlands areas—and many involve handguns. Given that those weapons are already illegal, I reiterate that we should not legislate further to ensure tighter control of weapons but should ask ourselves, as has been mentioned in relation to air rifles, how we can better enforce current laws.

I hope that the planned introduction of a dedicated border police force will bring material results in reducing the smuggling of illegal weapons into England. I understand that there is a problem with the smuggling of illegal weapons, particularly from eastern Europe, but we also need to tackle the illegitimate use of guns already on our shores and the ability of criminals to manufacture guns by adapting decommissioned or other guns. This, in all likelihood, requires not the introduction of new laws or regulations but a range of measures and enforcement by the police.

With gun and knife amnesties our police forces have done good work in attempting to clear those weapons from our streets and take them out of the hands of youngsters who feel that they need to carry a knife to feel safe. Amnesties have taken place across the country and should continue; indeed, I call on people in my constituency and elsewhere who hold a gun in their house to ask themselves whether they still need it. However, it is equally important to look into the causes of gun crimes. What makes somebody pick up a gun or a knife before they leave the house, and what can we do to persuade them that they do not need to purchase an illegal weapon, let alone use it?

It seems to be an increasing feature of gang culture to use or brandish a firearm or to kill somebody with one as a way of going up the respect agenda. We need to cut that out of our culture, and I welcome some of the work that has been done on that.

Simon Hart Portrait Simon Hart
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My hon. Friend made an interesting point about whether young people should be allowed to access weapons at an early age. Is she aware of any evidence to suggest that having access to firearms when young leads to illegal use of them later in life?

Thérèse Coffey Portrait Dr Coffey
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I am not aware of any evidence whatever on that. Across our country, organisations such as gun clubs and the combined cadet force are often where youngsters first come into contact with weapons and are taught to use them appropriately. I am concerned that the inappropriate and illegal use of illegal weapons is a growing phenomenon, perhaps in gang culture, but I do not equate the two.

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Chris Williamson Portrait Chris Williamson
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I agree that the violent images that we see on our screens and the references to weapons in rap music do not help. However, I do not think that that sufficiently explains why young people use guns to the extent that they do these days. That is why it is so important that we give the necessary resources not just to the police, but to youth organisations that turn young people away from firearms and make them realise the consequences of using firearms. There are consequences not only for the victims of firearms incidents, but for the lives of those who use them. The life of the young man who killed the teenager in my constituency, and that of his family, has been destroyed as a result of that incident.

Simon Hart Portrait Simon Hart
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Does the hon. Gentleman accept that in the absence of a total ban, there is evidence to suggest that when people are given responsible access to firearms at an early age, under proper supervision, it reduces the chance that they will end up in the terrible circumstances that he has described? Instead of it being a negative, it is a positive. The Home Affairs Committee and others have pointed to plenty of examples that suggest that it is a good thing.

Chris Williamson Portrait Chris Williamson
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I am not sure that I accept the hon. Gentleman’s analysis. I certainly do not accept the point with regard to young people, or any people, using firearms to shoot live quarry. Perhaps using firearms in a shooting range is a different matter, but I am not sure that I agree.

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Simon Hart Portrait Simon Hart (Carmarthen West and South Pembrokeshire) (Con)
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Let me start by associating myself with the comments of many right hon. and hon. Members about the dreadful incidents in Cumbria and other places. I was present at the June Westminster Hall debate introduced by the hon. Member for Copeland (Mr Reed). As a proud representative of a rural area, I can only think in horror of the effect that such an incident would have on my community. Everything that I say should be understood in that context.

Since that time there have been some encouraging signs of an emerging consensus, among organisations and authorities, on what would be a proper, responsible, measured and proportionate way forward. Like other speakers, I would like to dwell on just three aspects of that, which are the availability of firearms to young people, the use of medical records in the application process, and the thorny issue of what constitutes a proper form of certification.

I shall start by establishing some context. One passage in the Home Affairs Committee report states:

“Certainly licensed firearms do not appear to be used in the majority of cases.”

That, I would suggest, is something of an understatement. I was pleased that the right hon. Member for Leicester East (Keith Vaz), the Chairman of the Committee, clarified that point earlier this evening. However, he did not go as far as the Committee did in April 2000, in its second report of that Session, which said:

“A common theme to many submissions is that illegally held weapons pose a far greater danger to public safety than those which are held in conformity with the present controls…it is clear that those determined to live outside the law are unlikely to respect the law’s requirements when they wish to acquire or use a weapon.”

Other Members have mentioned the way in which the law has performed in certain areas. It will come as no surprise to them that 52% of firearms offences in 2008-09 were committed with handguns, which were of course prohibited in 1997. That illustrates the point that both the Select Committee reports have made, albeit with a different emphasis.

The Committee went on to say:

“The proportion of licence holders who use their guns in crime is tiny”,

and added:

“Many representations were made to us…about the legitimate enjoyment of shooting…and the wider benefits that shooting brings to the UK economy.”

Other speakers have touched on that point today, but it is fair to re-emphasise that there are different approaches to firearms in urban and rural areas. In rural areas they are seen more as an essential tool of the trade than they might be in other parts of the UK. The shadow Minister, the hon. Member for Kingston upon Hull North (Diana Johnson), who is not in her place, spoke of the Opposition’s recognition that 70,000 jobs were associated with the shooting industry—if I can call it that—and the fact that the industry injects £1.6 billion into the economy. My hon. Friend the Member for Bournemouth East (Mr Ellwood) also said that £250 million is devoted to wildlife and habitat management. That is a significant industry; to put it in context, it is not dissimilar in size to the UK film industry.

I want to dwell first on the issue of young people. Paragraph 7.7 of the Home Office’s “Firearms Law: Guidance to the Police 2002” is no doubt familiar to many. It states:

“It is in the interests of safety that a young person who is to handle firearms should be properly taught at a relatively early age.”

Others have expanded on that, including Assistant Chief Constable Adrian Whiting, as the Minister said in his opening remarks. I can see no evidence—emerging or otherwise—to suggest that young people who have access to firearms pose any danger whatever to society; in fact, quite the opposite. It is well within the capability of parents to make sensible and responsible decisions about the activities of their children. They do so pretty effectively every day of the week, and this is no different. There is simply no evidence to suggest that we should conjure up theories that would have a long-term downstream impact on shooting in the UK.

In case that is not sufficient evidence, I will quote a comment made at the weekend by Anita North, the Commonwealth games 2010 gold medallist and record holder, who said:

“People choose their sport at a young age. We have some extremely talented shooters in the GB team who started in their early teens. If they hadn’t been able to get involved so young, they might now be taking part in some other sport rather than winning medals for shooting.”

I shall turn now to the contentious issue of medical records, and start by taking careful note of the Information Commissioner’s concerns about the security of data on the names and addresses of certificate holders. Large numbers of individuals within medical practices could have access to this sensitive material, the leaking of which could pose a significant risk. There is therefore legitimate concern about the proportionality of this measure. The Independent Police Complaints Commission could identify only six cases in which medical involvement at the granting or renewal stage of a licence might have made a contribution to the prevention of crime.

As we have heard, some medical practitioners—not many, but some—are unfavourably disposed to firearms ownership, meaning that licence holders might not visit their GP when they need to. A GP wrote to me only this weekend to say:

“our overriding duty is to our patients, to give them the best advice and guard the confidences they give us. A patient is not going to tell me things if I am going to pass information on to the authorities. We are the guardians of the patient’s confidence, not agents of the state”.

That position is reflected not only by the GP who bothered to get in touch with me but by many others across the country who have been in touch with other hon. Members.

Chris Williamson Portrait Chris Williamson
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Does the hon. Gentleman feel that the tragic massacres that took place in Hungerford, Dunblane and Cumbria could have been avoided if Michael Ryan, Thomas Hamilton and Derrick Bird been subject to a medical examination resulting in their firearms certificates being removed and their guns taken away from them?

Simon Hart Portrait Simon Hart
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Let repeat what I said to the hon. Gentleman in an earlier intervention. The fact is that there are individuals who may be perfectly healthy and competent when they apply for and are granted certificates, but in subsequent years may feel that their health is changing in a way that poses a potential threat to the ownership of their certificates, and as a result may feel fearful about approaching their GP in case their circumstances are changed forcibly. That is not good either for their health or for public safety. I understand why the hon. Gentleman has made his point, but sadly, I do not think that there is any evidence to suggest that the outcome would have been any different if different measures had been in place at that time.

Chris Williamson Portrait Chris Williamson
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Will the hon. Gentleman give way?

Simon Hart Portrait Simon Hart
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I will, but that is not an indication—

Chris Williamson Portrait Chris Williamson
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I thank the hon. Gentleman—

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Order. Two Members cannot be on their feet at the same time. Is the hon. Member for Carmarthen West and South Pembrokeshire (Simon Hart) giving way?

Simon Hart Portrait Simon Hart
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Yes, of course.

Lindsay Hoyle Portrait Mr Deputy Speaker
- Hansard - - - Excerpts

I call Chris Williamson.

Chris Williamson Portrait Chris Williamson
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Thank you, Mr. Deputy Speaker, and I thank the hon. Member for Carmarthen West and South Pembrokeshire for giving way.

I think that the hon. Gentleman’s argument reinforces my own point. Does he agree that rather than a voluntary arrangement—which I acknowledge could deter people from going to their GP for fear of losing their firearms certificate in the circumstances that he has outlined—there should be a mandatory test, perhaps annually? If he does not agree, will he explain why?

Simon Hart Portrait Simon Hart
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I apologise for the earlier exchange, Mr. Deputy Speaker.

My answer to the hon. Gentleman’s question is no. I will give my reasons for that answer in due course. I think that it is quite difficult to come up with a concept that would appeal to those who, like the hon. Gentleman, start from the absolutist position—which he is perfectly entitled to take—that nothing short of a total ban on all forms of firearms, whatever their purpose, is acceptable. However, I shall do my best in the few moments that I have left.

Let me try to nail the theory that consulting the spouse, or ex-spouse, of a certificate applicant or holder is somehow in the interests of safety. I cannot think of a more divisive and potentially litigious proposition. Some of the healthiest marriages and family arrangements are based on strong disagreement about almost every important issue, and arrangements of that kind often survive rather longer than others. On a flippant level, I think that such consultation would be a ridiculous intrusion into the way in which people conduct their lives. On a more serious level, I think that in acrimonious circumstances in which a marriage fell apart, the idea that an offended ex-spouse, male or female, should have a say in the future enjoyment of his or her partner is ludicrous. I have read, seen and heard no evidence suggesting for one minute that that would have contributed greatly to a lessening of the chance of serious crime involving shotguns or firearms. The idea that we can expect spouses to become moral adjudicators on applications is clearly nonsense.

Finally, let me deal with the difficult question of certification. Here, the devil really is in the detail. I may have got this wrong—I am sure that the right hon. Member for Leicester East (Keith Vaz) will put me right if I have—but it seems to me that there is an implication that it would improve the position if the baseline criterion for applications for shotgun certificates were aligned with that applying to section 1 firearms. I cannot imagine that it is being suggested that the opposite should be the case, so I assume that the criterion for all shotgun certificate applications would rise to the section 1 level. Like my hon. Friend the Member for Suffolk Coastal (Dr Coffey), I can see why that might be attractive on the face of it, but I feel that it could be devastating to the shooting and gun trade in the United Kingdom. Let me cite the following at this point: “It would be one thing for a person to require good reason to hold a certificate for a shotgun—a reversal of the current burden of proof whereby the Chief Officer shall not grant a shot gun certificate if he is satisfied that there is no good reason—but quite another to require good reason to possess each and every shotgun, as is currently the case with rifles.

My hon. Friend the Member for Bournemouth East (Mr Ellwood) picked up on that, and put it rather more succinctly than I have managed. With this change in circumstances would come all sorts of requirements at variation stage, some of which are practically deliverable but some of which would impose an extraordinary burden, both financial and otherwise, on the already hard-pressed police force. If we consider the sheer number of shotguns in legitimate hands—they outnumber section 1 firearms by about 5:1, I think—we see that the burden that we would be putting on firearms officers and the police force in general is huge. The Select Committee is not as clear as it might be about precisely what the implications are, but perhaps that could be clarified.

All reasonable people will have looked on with horror as the various disasters we are discussing unfolded, most recently those in June and July, and they would accept that some consolidation of the existing legislation is an acceptable and sensible way forward. However, it does not necessarily follow that that consolidation should result in wholesale changes, as there is no evidence to suggest that such changes, had they been made earlier, would have altered the tragic events that took place.

I agree with many other Members that evidence and principle must be the two foundations of any changes made by this or any other Government. Of course the efforts of the enforcement agencies and the Government should principally be directed at the eradication of gun crime, rather than unnecessarily penalising legitimate firearms owners. Sadly, so far as I can see, none of the proposals in the Select Committee report would have altered the outcome of the events that we have discussed this evening.

Apart, perhaps—although I doubt it—from the unlikely and absolutist solution suggested by the hon. Member for Derby North (Chris Williamson), no system is going to be 100% watertight. I suggest that the consolidation approach is the best way of establishing a proper balance between the legitimate interests of users—whether recreational users or those who use weapons as part of the nuts and bolts of their daily job—and the legitimate safety concerns. A consolidation would achieve that without compromising the coalition’s unequivocal commitment not to introduce legislation that unnecessarily impacts on people’s daily existence so that they are unable to conduct their businesses or live their lives free from state interference. If the coalition can get us to that stage, and not be too distracted by some of the eye-catching but—I venture to say—dangerous suggestions we have heard this evening, that would be a not unreasonable place to reach.

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Dan Poulter Portrait Dr Daniel Poulter (Central Suffolk and North Ipswich) (Con)
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It is a great pleasure to follow my hon. Friend the Member for South Derbyshire (Heather Wheeler), who talks from her own experience of holding a shotgun licence, and the excellent speech of my hon. Friend the Member for Carmarthen West and South Pembrokeshire (Simon Hart). Given that more than 700 people have died as a result of gunshot injuries and gun crime over the past 13 years, it is a great tragedy that we are having this debate only because it takes something such as the terrible events in Cumbria to bring this issue to the attention of the House. The work that the right hon. Member for Leicester East (Keith Vaz) has done with the Committee on this matter is greatly to his credit and is very valuable.

However, we need to highlight a few key issues and strands. First, the distinction has not always been made clearly in this debate between gun crimes perpetrated by people who were holding illegal weapons and those who hold legal weapons. Many of those 742 gun crime deaths were caused by people holding illegal weapons and not by people who have legal gun licences. I made the point in an intervention that Suffolk has the lowest rate of gun crime in the UK—we are very proud of that, notwithstanding those incidents involving air rifles in Lowestoft mentioned by the hon. Member for Derby North (Chris Williamson)—yet 97,000 gun licences are held by those in the east of England, which is a very high level. That shows that there is not necessarily a causal effect between owning a gun licence and committing a gun crime. We know that gun crimes tend to happen in deprived urban areas, where those who commit crime do not hold gun licences. The key thing is to draw that distinction, because if we are to legislate on this issue, we must ensure that it is effective and addresses the key areas.

One thing we must do is to broaden out this debate. It is about firearms control, not just the terrible events in Cumbria, Hungerford or Dunblane. We need to ensure that the legislation and recommendations passed in this House will make things better. It is very difficult, because we have not heard any conclusive evidence this evening that changing the legislation to deal with licensed firearms will make any significant difference.

We know that there are issues with tackling the gun culture in our inner cities. In dealing with that culture, we need to stop the illegal trafficking of guns in this country and the police need to deal with that trade effectively, including on our borders. In some inner cities, however, dealing with education in schools, particularly in deprived areas, and the police working with communities to highlight the problems of gun crime would be a far more effective way of dealing with illegally committed acts and with communities where there are problems with gun crime. In many rural communities, however, people hold gun licences and are very law abiding. Earlier in the debate I talked about Suffolk, where people use guns for pest control. I do not shoot—I have no interest in shooting—but we must accept that the number of law-abiding citizens who do not commit crime and who do not have any interest in misusing their guns use their guns for sport and for pest control. We must accept that legislation must be effective and targeted on the causes of illegal gun crime in this country. It should not be focused on a knee-jerk reaction to one or two terrible events that results in banning guns for those who use them for legitimate, law-abiding sport or pest control reasons.

Based on my experience as a doctor, I want to pick up on the issue of medical practitioners. Would it necessarily be useful for medical practitioners to have to tick a box every year for the 97,000 people in the east of England who have gun licences? Is it important that those medical practitioners should be consulted annually? Far too often in my professional life, I saw the pointless forms we had to fill in. We ticked the boxes but it did not improve patient care or make things any safer. It is important that we do not stigmatise people with mental health conditions. People are perfectly competent and able to make informed choices. They are not necessarily going to be more likely to run off and commit a gun crime than someone who does not have a mental health condition. We need to be careful not to draw that stigma into the debate. To be perfectly frank, a piece of paper signed on one day of the year does not necessarily mean that in three, six or nine months that person will not have seen their mental state deteriorate considerably. Ticking a box does not mean that we will make things any safer, and the case has not been proven.

We know that when medical practitioners have a serious concern about the conduct of a patient—for example, a fear that a patient is a paedophile or the knowledge that a patient might be a danger to themselves or to the public—they take it into their own hands to breach medical confidentiality. There are many such cases. They breach medical confidentiality because the duty to society is greater than the duty of confidentiality. We have to trust them—we should not put an onerous burden on medical practitioners that will not necessarily be effective.

Simon Hart Portrait Simon Hart
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If there was a situation in which my hon. Friend was required to make such observations and somehow failed to pick up on a patient’s mental health, which led to a dreadful tragedy, what would be the legal and professional implications for his trade?

Dan Poulter Portrait Dr Poulter
- Hansard - - - Excerpts

There is always a blame culture, and we would have to be careful that a simple form that a doctor had to sign on one day of the year could not be used as a sledgehammer to hit that doctor or medical practitioner over the head later on because somebody perpetrated a bad act. As I have said, and as I think my hon. Friend accepted in making his point, someone’s mental state can deteriorate quickly—a switch can be flicked in someone’s mind and it is impossible to legislate for that. Simply involving a doctor in this process will not make that any less possible.

It is not only with gun crime that a switch can be flicked in that way, as we saw in north Wales with the Peter Moore case. In 1995, he killed four men with a knife in a random rampage. It is not just with gun crime that people temporarily lose control and go on a rampage—it happens with other weapons. In America there have been cases with samurai swords. We have to be careful not to legislate on the basis of one or two terrible tragedies, such as that in Cumbria. That is an important point for the House to consider.