Simon Hoare
Main Page: Simon Hoare (Conservative - North Dorset)Department Debates - View all Simon Hoare's debates with the Home Office
Offensive Weapons Bill
Simon Hoare ExcerptsWednesday 27th June 2018
(6 years, 5 months ago)
Commons ChamberRead Full debate Offensive Weapons Act 2019 View all Offensive Weapons Act 2019 Debates Read Hansard Text Read Debate Ministerial Extracts
Sajid Javid
I must go on, as a number of colleagues want to contribute to the debate.
Turning to acid attacks, of course it is wrong that young people can buy substances that can be used to cause severe pain and to radically alter someone’s face, body and life. There is no reason why industrial-strength acids should be sold to young people, and the Bill will stop that happening. We will ban the sale of the most dangerous corrosives to under-18s, both online and offline. We want to stop acid being used as a weapon. At the moment, the police are limited in what they can do if they think a gang on the street might be carrying acid. The Bill will provide them with the power to stop and search and to confiscate any acid.
Simon Hoare (North Dorset) (Con)
I welcome what my right hon. Friend is saying about acid. Will he give further thought in Committee to the question of the private purchase of these fantastically corrosive acids? Does he agree that there is little point in restricting their sale to those below the age of 18, because those over that age can also get very annoyed and use those substances to the devastating effect that he has set out?
Sajid Javid
My hon. Friend makes an important point, but the evidence that we have seen shows that the real issue is about young people getting their hands on this acid. We have seen examples of them getting hold of it and separating it into two mineral water bottles, then carrying it around and using it to devastating effect. The measures that we have here, alongside the measures on possession of acid in a public place, will combine to make a big difference to the situation we find ourselves in today.
Sir Geoffrey Clifton-Brown
My hon. Friend has pulled me up: words are important in this place. What I meant to say was medical conditions which might include a mental health condition—but there are medical conditions that might mean that someone was not granted a shotgun or firearms certificate.
I want to move on to the .50 calibre weapons themselves, and why they are not likely to be used in a crime—and never have been, as far as we know.
Simon Hoare
A moment ago, my hon. Friend said he did not want to be caricatured, and that is absolutely right. It is important for everybody to understand that this is not a rampant, American, NRA-type debate, but one based on evidence, fact, practical experience and trying to make good law.
Sir Geoffrey Clifton-Brown
My hon. Friend makes a really potent and timely point; I was about to demonstrate why these weapons have never been implicated in any crime. There was one incident when one was stolen; the barrel was chopped down but the gun was quickly recovered and never implicated in a crime. There has been only one other incident: more than 20 years ago, a .50 calibre weapon was stolen in Northern Ireland and used in the troubles and then, again, recovered.
Instances of such weapons being likely to fall into the wrong hands are incredibly rare. Even if they did, they are most unlikely ever to be used by a criminal, as I shall try to persuade the House. They are as long as the span of my arms and incredibly heavy and bulky. They demand a great deal of effort between shots. They are simply not the criminal’s weapon of choice. The weapon of choice of a criminal is likely to be something gained from the dark web or the underground. It is likely to be a sawn-off shotgun, or a revolver or pistol of some sort. These really heavy, clunky weapons are simply not the weapon of choice of the criminal. In the one instance I suspect my hon. Friend the Minister will cite in her summing up, a criminal stole it, realised what they had got hold of and that it was not suitable to be used in a crime, and chucked it over a hedge.
Simon Hoare (North Dorset) (Con)
It is a pleasure, if that is the right word, to speak in this important debate. From the outset, may I say how much I associate myself with the comments made by the hon. Member for Ceredigion (Ben Lake), my hon. Friend the Member for Colchester (Will Quince) and in particular my hon. Friend the Member for The Cotswolds (Sir Geoffrey Clifton-Brown)? The speeches by the right hon. Member for East Ham (Stephen Timms) and the hon. Member for West Ham (Lyn Brown) were strong and compelling, particularly in their urging the Government to include a wider range of acidic substances in the list of those that we seek to prohibit the carrying of, particularly by those who are 18 or under.
I hope I will not be accused of making an overtly party political point. However, I have served for a short period as the Parliamentary Private Secretary to my right hon. Friend the Minister for Policing and the Fire Service, and I have listened to a huge number of speeches and oral questions at Home Office questions. Given that very often, though not exclusively, as my hon. Friend the Member for Colchester said, this is seen as a London-centric and urban daily threat, I am surprised by the lack of representation on the Opposition Benches today, with the exception of the fine speech by the hon. Member for Sheffield, Heeley (Louise Haigh), and the right hon. Member for East Ham and the hon. Member for West Ham. I am slightly surprised that those who have often spoken most loudly about the need for this legislation and what underpins the imperatives that drove it are conspicuous by their absence this afternoon. Sunshine, I know, can be a rather seductive entity, but I thought they might have forgone that for just a few hours on an issue of this importance.
The key thing to bear in mind is that, while the debate is often painted within the confines of an urban narrative, this affects all our towns and cities across the country, as my hon. Friend the Member for Colchester said. On 7 January 2016, a hairdresser in my constituency, Katrina O’Hara, was putting the rubbish out at the end of the working day in the little courtyard behind the barbershop in which she worked in Blandford Forum. Blandford Forum is a jewel in the North Dorset crown. It is a small Georgian market town; it is not one of the fleshpots of metropolitan England by any stretch of the imagination. Katrina was attacked by a former partner with a knife that he had taken from the kitchen drawer in his house. He stabbed her. She died of her injuries. He attempted then to take his own life, but was apprehended and resuscitated by Dorset police. He was put on trial and found guilty.
I relate that story because, as one can imagine, it had the most huge and profound effects on a market town community like Blandford Forum. The ramifications of it still reverberate in conversations just over two years later. It was not a crime perpetrated by drug users or by minors, and it was not a crime in which somebody had to go out and buy a knife to use as a weapon, either directly from retail or on the internet; the knife was just taken out of a kitchen drawer. That is the scale of the issue that this sort of legislation is trying to grapple with.
There is much to commend in the Bill. The Home Office and the relevant Ministers are to be saluted for their clear care and dedication in the consultation process and in talking to Members. My right hon. Friend the Home Secretary gave a commitment to my hon. Friend the Member for The Cotswolds that that conversation would continue, and that is important.
As I say, there is much to commend in this legislation and the foundations of it are clear, but I would echo the comments made by a number of my right hon. and hon. Friends, and indeed by right hon. and hon. Members of the Opposition, about how, although the foundations may be very secure, the edifice emerging through the Committee process will require some work. On the eve of my 49th birthday, I may be able to claim some similarity with that. My foundations are fine—
Tim Loughton (East Worthing and Shoreham) (Con)
You must be older than that.
Simon Hoare
I’ll give you something in a minute.
There is a clear and compelling narrative that some changes to the Bill are needed as it moves forward. What does the Bill seek to achieve? If anybody thinks that by the stroke of a legislative pen and the creation of new statutes these crimes will be eliminated—I am not suggesting for a moment that Ministers on the Treasury Bench believe this—they will find that that is not going to be the case, although the Bill will clearly act as a deterrent.
As so often, however, when putting in place deterrents, we have to be careful. We know who we are seeking to deter, but very often the legislative deterrent has no impact at all on their daily modus operandi of criminality, gangland behaviour, drug dealing and so on. However, as an unforeseen consequence, it may be the most terrible burden and nuisance to law-abiding citizens trying to go about their daily business or to pursue their hobby. As my hon. Friend the Member for The Cotswolds mentioned, we quite rightly have one of the most, if not the most, rigorous firearm licensing regimes in the world, but, notwithstanding that, we still have gun crime. Previous legislation has made certain pistols and handguns illegal, but they are very often the preferred weapon of those in gangs and the weapon of choice of others engaged in criminal activity.
Mark Garnier
I am sure my hon. Friend needs to take the weight off his feet for a moment or two during his magnificent speech. The important point he makes about gun crime is that it is committed not with legally owned guns, but with illegally owned guns. In keeping guns away from criminals, the law is probably not working as well as it should do, and that is what should be addressed.
Simon Hoare
My hon. Friend is right. The Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), was a prosecuting barrister in a previous life. She will know, as lots of other people do—[Interruption.] Ah, here she is; she arrives. As if by magic, my hon. Friend is summoned up. I was just saying that, in a previous existence, she was a prosecuting barrister, and I know—not least because she has told me this on so many occasions—that she will appreciate the importance of evidence. We are making law, and as important as the issues are that we are seeking to address, the law has to be based on evidence.
It may well be that there are certain things that my right hon. and hon. Friends on the Treasury Bench cannot tell the House: there may be evidence from the National Crime Agency and others that it would be entirely inappropriate to share with those who are not Privy Counsellors, or whatever. However, I take the point made by my hon. Friend the Member for Wyre Forest (Mark Garnier). Like colleagues, I have yet to find any canon of persuasive evidence that does not lead me, for what that is worth, to the conclusion that if we harry and pursue the softest targets—those who have a licence, those obeying the law to the letter and those who have clearly indicated, in response to consultation, their willingness to go the extra mile in terms of security, vetting, referencing and so on and so forth—they will be the ones most affected, without the concomitant benefit of increasing safety on our streets.
If there is evidence telling us that a whole cadre of crimes is committed on our streets by people who are licensed to have a shotgun or other firearm, clearly the House will need to recalibrate its message on that point.
Sir Geoffrey Clifton-Brown
The problem would be if people who lawfully hold a shotgun or firearm see this legislation and think that they might be criminalised next. They fear that this is setting a precedent and they do not know where it is going to end.
Simon Hoare
My hon. Friend is right about that. Those who see these things as the opening of a Pandora’s box are often right to see proposals in that way, and I am inclined to think that we are not necessarily looking at this from the right end of the telescope. I would much prefer a far more rigorous approach to sentencing, so that it actually acts as a deterrent, and my hon. Friend the Member for Colchester and others have intimated the same. I am not convinced that the criminal minds, the modern-day Fagins who recruit these often vulnerable youngsters to commit these crimes to aggrandise the Fagins of, particularly but not exclusively, the drug world, will give tuppence ha’penny about what statute law says. If they want to get hold of a shotgun or something else, they will jolly well do it. We need to be focusing a lot more attention on sentencing than we have hitherto.
Obviously, we have do this as part of a legislative mosaic, which, as others have said, calls for even greater intergovernmental and cross-departmental working. The Times has been running an interesting series of articles this week. It has alluded to all the things that we know about gang culture—family breakdown, the lack of feeling of belonging, a lack of aspiration, poor educational attainment, and that self-breeding fear and anxiety that says, “I live in an unsafe area so I must tool up to protect myself.” In that way, the cycle just continues and continues. A lot of additional work needs to be done and other Departments need to be involved in it.
I wish to say a few words about the impact on small businesses. I do not understand the logic of a lot of these proposals on where and how one can sell, and on not delivering to a residential address. I am sure the Minister will be able to fill, to the point of overflowing, the lacuna in my knowledge of this, but I cannot understand the differential in respect of being able to have something delivered to a business premises or a post office, but not being able to have it delivered to one’s own personal address—likewise, where the Bill says that even if someone has ordered something online, they have to collect it from the branch. That is fine for national operators, but I have received a number of representations on this. Some have come from Mr Duncan Chandler, an artisan manufacturer of woodland and survival knives in my constituency, who is anxious about this matter and the impact it has on his business. Others have come from Mr Philip Hart, who runs the excellent Harts of Stur, 80% of whose kitchenware, which includes knives, is sold online across the country—the company has only one branch and it is in North Dorset. I ask the Minister to think in Committee about the definition of “knife”. I am talking about rather peculiar things here and am flicking through my notes to try to find the reference point I was looking for but I cannot. I shall say merely refer to a constituent of mine who manufactures and sells straight razors for wet shaving. Are they to be included in the definition of “knife” or not? Will they fall within the new requirements?
In conclusion, I support this legislation. If it is pressed to a Division, I shall certainly vote in favour of its Second Reading, but with a presumption that there will be some fairly dramatic changes in Committee: a greater understanding of the needs and difficulties of small businesses in particular, and an element of rural proofing. We are trying to address a national issue, but as it stands the Bill does not reflect some of the differentials between urban and rural living. I draw comfort from the fact that the Minister understands rural issues to her fingertips, representing, as she does, the second most beautiful part of the country after North Dorset.