Offensive Weapons Bill

Debate between Stuart C McDonald and Geoffrey Clifton-Brown

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

[Sir Geoffrey Clifton-Brown]

I am grateful for your advice, Mr Deputy Speaker, but it is important, in view of what the hon. Member for Sheffield, Heeley (Louise Haigh) had to say, that I refute some of the facts that have been put about.

The figures for stolen firearms should be put into context, which Mr Rodhouse does not do. There are 2 million firearms in civilian hands. Up to July this year, only 204—I accept that that is 204 too many—had been stolen, and the vast majority were shotguns, not rifles. Only 1% of non-airgun firearms crime is committed with rifles, and none of those has ever been from a .50 calibre legal weapon.

The hon. Member for Sheffield, Heeley might be interested to know that Mr Rodhouse did not give the whole story regarding the case of the stolen .50 calibre weapon. The police dealing with the theft considered it opportunistic and that the .50 calibre was stolen with other firearms and not specifically targeted—[Interruption.] She should just listen for a minute. The .50 calibre was rapidly abandoned, and there is a suggestion that the police were told where to find it. All this points at the criminals finding the .50 calibre unsuitable for their purposes, and one can understand why—a single-shot rifle, requiring hand-loaded ammunition, weighing 30 lb and around 5 feet long, is very difficult to carry, let alone use in a criminal or terrorist incident.

The second case mentioned is the Surdar case. The whole point is that Surdar did not sell his legally held .50 calibre rifle to criminals; they did not want it. In the first case, level 3 security would have prevented a crime, and in the second case, it was a dealer who was not entirely above board.

Mr Rodhouse goes on to talk about the threat of illegal importations. That will not be cured by banning legally held guns. How many .50 calibre weapons have been seized as illegal imports? The answer is none. It is true that most UK firearms law is the product of outrage in the wake of atrocities such as Dunblane or Hungerford. At least legislators in those cases were seeking to improve the law with clear evidence. Mr Rodhouse, on the other hand, is seeking to persuade Parliament to change the law in relation to .50 calibre weapons without any significant evidence whatsoever.

The Government’s original proposal was not supported by the evidence. We in this House have a duty to protect minorities and to ensure that we do not act illiberally by banning things when there is no evidence. I submit that the Government have done the right thing in withdrawing these weapons from the Bill and are right to have a properly evidence-based consultation, to which all experts, including the hon. Member for Sheffield, Heeley, can give evidence. If, at the end of it, the Government conclude that there is an issue of public safety, we will need to debate that further in the House. I rest my case.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

It is good to finally get down to further consideration of the Bill, at the third attempt. Let me say at the outset that my party welcomes the Bill. There has been close working between the UK and Scottish Governments in relation to it, and we are largely, but not completely, happy with where it has got to after a pretty thorough Committee stage.

The Bill covers a mixture of reserved and devolved matters, with legislative consent from the Scottish Parliament required for some parts of the Bill. How far the legislation should encroach on devolved issues such as Scots criminal law has been carefully worked through by the Governments to serve specific purposes, and we take the view that that is pretty much as far as the encroachment should go.

There are a number of amendments that I will speak supportively and sympathetically about and will not oppose, but in so far as they are drafted in a way that extends to Scotland, we ultimately take the view they would be better left to the Scottish Parliament to exercise its devolved competence. That includes the three new clauses relating to air weapons. I am sympathetic to what the hon. Member for Bristol South (Karin Smyth) seeks to achieve with those new clauses and the work she is doing, but as she pointed out, the regulation of such weapons was devolved to the Scottish Parliament, which has established a new licensing regime under the Air Weapons and Licensing (Scotland) Act 2015. For those reasons, as far as Scotland is concerned, we wish to leave any further reform of air weapons licensing and regulation to the Scottish Parliament.

There are other amendments, however, that are clearly in reserved territory and that we will consider supporting, including new clauses 3 and 4. For the sake of time, I will not repeat all the arguments made by the shadow Minister, the hon. Member for Sheffield, Heeley (Louise Haigh). I will simply say that we agree with her analysis.

On high-energy and .50 calibre rifles, having looked at all the evidence in the round, we would have supported the position set out by the Home Secretary and the Minister at every previous stage of the Bill’s passage. We echo much of what the shadow Minister has said today. In Committee, we heard persuasive evidence from the NCA, the National Police Chiefs Council, ballistics experts and counter-terrorism police about the power of these weapons. The evidence we heard was that these rifles are dangerous because of their range and because there is little—perhaps nothing—that the police have in the way of body armour or even protected vehicles that could go up against some of these weapons.

I emphasise that we are not in favour of prohibition for the sake of it. If those same expert witnesses think that an alternative solution to alleviate risk can be found, we will listen. We fully appreciate the impact that this would have on the recreation of a small number of citizens, but it is a small number; we are talking about 18 certificates in Scotland altogether.

The point is that the Home Secretary said he would further consider the proposed prohibition months ago on Second Reading, way back before the summer, yet no amendments were forthcoming before the previously scheduled final stages of the Bill. There has been no adequate explanation of what has changed in the past couple of weeks, and as matters stand, the Bill will leave this place with the prohibition removed but no alternative measures in its place.

The Home Secretary is now going against and ignoring the evidence we received from the NCA, the National Police Chiefs Council, ballistics experts and counter-terrorism police, as well as what I have been told by Police Scotland. I have tried, without success so far, to find out whether any of those witnesses has changed their view. In the absence of any adequate explanation, this reeks of internal party politics trumping important issues of public safety. It is not the right way to make legislation, and it is not the right way to treat the public.