Anti-social Behaviour, Crime and Policing Bill

Tessa Munt Excerpts

Monday 14th October 2013 Commons Chamber

[Steve Rotheram]

I suppose it would depend on the aim of the legislative change. The community that I represent needs a strong message to be sent from this House that the current level of gun crime is unacceptable and that we will give the police every power possible to tackle the blight on our neighbourhoods.

In recent years, we have also seen a rise in the use of firearms, breaching police and public safety, by individuals with track records of domestic violence and mental illness, leading one coroner to call for “root and branch changes” to gun licensing laws. For instance, in the last 12 months, 75% of female gun deaths occurred in domestic incidents, and 53% of female gun deaths in the last five years have involved the use of a legally held weapon, so the improved guidance that the Minister has provided for the police on this issue is to be welcomed.

Such statistics reinforce Labour’s call to ensure that applicants do not have a history of domestic violence or violent conduct as a statutory requirement and not just as a discretionary guideline. While the last Labour Government went a long way to reducing crime and encouraging safer, stronger communities, and introducing tough sentences for gun crimes, too many people still believe the use of guns to be an occupational consequence of their criminal activity. Perhaps the most high-profile incident of gun crime was the appalling murder of 11-year-old schoolboy Rhys Jones in Liverpool in 2007. Sean Mercer was sentenced to life in prison, but what made the incident even more sickening and unpalatable was that Mercer was just 18 years of age. That is why the Government are right to be tough on those who possess prohibited firearms and who sell or transfer them to criminal gangs, which blight neighbourhoods in so many of our major cities.

In my own city, we have tried many innovative approaches to tackling gun crime. Across Merseyside, the police and the local media deserve enormous credit for the campaigns they have undertaken on firearm detection and recovery. This is not just some right-wing tough-on-crime agenda; this is an issue that primarily affects the lives of ordinary people up and down the country, something that Parliament must ensure is reflected in the strength of the laws that govern gun control licensing and in the length of imprisonment. That is why I support clause 100, which seeks to separate the existing offence in the Firearms Act 1968 into two parts, and, in doing so, make it an offence to possess prohibited firearms for sale and transfer, and introduce a maximum penalty of life imprisonment.

It is also right for the clause to increase the maximum penalty for the existing offences of manufacture, sale or transfer, or the purchase or acquisition for sale or transfer, of unauthorised firearms from 10 years to life imprisonment. Speaking with Merseyside police and the governors of local prisons, it is becoming increasingly clear that the tactic deployed by gangs is to use the same firearm for different shootings, but then to redistribute the gun to different members of the gang as and when it is “needed”, so to speak. By making the transfer of a firearm a crime punishable by a life sentence, I am positive that this will act as a stronger deterrent, and that those who ignore this change and are later prosecuted will receive severe custodial sentences.

I support clause 101, which seeks to amend sections 50 and 170 of the Customs and Excise Management Act 1979 to increase the maximum penalty for the unlawful importation of firearms, prohibited under section 5 of the Firearms Act 1968, from 10 years to life imprisonment. This is particularly important for an area such as Liverpool, with our revitalised docks now shipping record tonnage of trade. Inevitably, there will be those who wish to import illegal firearms into the port. The clause sends a strong message to people involved in the smuggling of weapons into Merseyside that if they are caught, this activity will carry a life sentence.

I support clause 102 in its efforts to allow British Transport police officers to carry firearms without requiring an individual certificate, giving them the same powers as officers of other police forces. Many incidences of gun attacks have taken place on public transport in Britain over the years. It is therefore right that we remove this anomaly and give the transport police the powers they require to combat this specific threat.

I am keen for the laws on firearms to be as tough as possible. New clause 4, tabled by the Labour party, will help the Government to achieve this common aim. New clause 4(4) notes the rising cost to police forces of administering the current firearms licensing regime. According to the Minister, more than 170,000 firearms licences and approximately 620,000 shotgun licences have been issued. The current fee for a firearm or a shotgun licence is only £50 for five years, yet the cost to the administrating force is, according to the Gun Control Network, about £200. Considering that the firearms licence averages out at just £10 a year, it is cheaper to own a gun than it is to own a fishing licence. That is absurd. I cannot see why the taxpayer is being asked to subsidise a large number of gun licences that are being issued to and used by a minority of individuals who wish to use guns for recreational sport. I am not aware of any other licensing system that subsidises to that degree.

[Tessa Munt (Wells) (LD)]

In a rural area such as mine, a number of people have to hold firearms licences because they deal with fallen stock. I assume that that would be a legitimate business expense that they could claim to do their job. Putting the firearms costs at the correct level so that the police do not have to ask other taxpayers for some sort of subsidy would be a logical thing to do, and would not cause problems in rural areas where these firearms are needed.

--- Later in debate ---

[Damian Green]

The point that I am making is that it is today; the use of an electronic licensing system is available. Some police forces are piloting this already and this will lead to a much more efficient system. As I say, our ultimate aim is full cost recovery. We are moving towards that, but at the same time making sure that the full cost that is recovered is much less than it was before, not just to save the money but because that will lead to a much better and more efficient system.

[Tessa Munt]

Surely, using e-commerce for firearms licensing will still involve police time in investigating in detail the circumstances of an applicant, including a visit to ensure that the premises can hold firearms in a secure and safe fashion, hidden from general view, and certainly from young people and those who are less able. Surely the standard charge of £190 or £200 cannot be reduced that much.

[Damian Green]

The short answer is that it can. Yes, the police will want to do thorough checks of the premises and so on, but the more that one can reduce the work of processing pieces of paper, which is a lot of what is involved now, with all the attendant inefficiencies and expense for the police, the more the police can do the checks that the hon. Lady and I both want to see happen.

[Tessa Munt]

Can the Minister give me some idea of what the police feel the cost would be if they were to use the e-commerce system? I remind the Minister yet again that the cost of a morning’s shooting—clays—to which my hon. Friend the Member for Sherwood (Mr Spencer) referred is not cheap. This is leisure and recreation.

[Damian Green]

The hon. Lady may be right, but the more people use electronic systems, the more savings there are, so it is quite difficult to put an exact figure on it, particularly with a network system, where the costs will be considerably lower than the figures we have been quoting. I can tell from the hon. Lady’s face that I will not necessarily convince her on this matter, but I hope that I have convinced the House. I urge the House to reject the Opposition’s new clause 4, and I am grateful for the general support for the Government’s new clause.

Question put and agreed to.

New clause 20 accordingly read a Second time, and added to the Bill.

New Clause 4

Firearms’ licensing

‘(1) The Firearms Act 1968 is amended as follows.

(2) After section 28A (Certificates: supplementary) insert—

“28B Assessing public safety

(1) When assessing the threat to public safety under sections 27, 28, 30A, 30B or 30C the Chief Police Officer must ensure that a range of background checks are performed.

(2) Where these checks uncover substantiated evidence of violent conduct, domestic violence, mental illness or drug or alcohol abuse, the presumption is that the Chief Police Officer should refuse the licence application unless exceptional evidence can be brought forward by the applicant as to their suitability to possess a weapon.

(3) When assessing public safety within this section the Chief Police Officer must follow any guidance issued by the Secretary of State.”.

(3) Section 113 of the Firearms Act 1968 (power of Secretary of State to alter fees) is amended as follows.

(4) After subsection (1) insert—

“(1A) Before making an order under this section the Secretary of State must consult with chief police officers to ensure the level of fees collected by the police under sections 32 and 35 are appropriate after considering the costs they incur through the administration and assessment of firearms’ licences made under this Act.”.’.—(Diana Johnson.)

Brought up, and read the First time.

Question put, That the clause be read a Second time.