Scotland Bill

Thomas Docherty Excerpts

Monday 7th March 2011 Commons Chamber

[David Mundell]

The issue of the length of a fixed-term Parliament was well argued during the passage of the Fixed-term Parliaments Bill, and the fixed term that Parliament has determined is five years. The Government have therefore embarked on an active discussion of the matter with the Scottish Parliament.

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

My maths is not always fantastic, but I suspect that in 2020 we shall encounter exactly the same problem, because the Westminster Parliament will last from 2015 until 2020, and the Scottish Parliament will last from 2016 to 2020. Are the Government considering a permanent extension of the Scottish Parliament’s term to five years?

[David Mundell]

As the hon. Gentleman will know, a number of possibilities have been suggested, and the Government have said that after the Scottish parliamentary election, there will be a consultation on them. Some Members of the Scottish Parliament have said that they would like it to serve a five-year term, and that view will obviously be considered.

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[Thomas Docherty]

The Minister said earlier that the Government had given some consideration to the idea of moving the Scottish parliamentary elections to 2021. He will be aware that the next local government elections are scheduled for 2021. It may interest Members to know that several years ago, in the Scottish Parliament, a certain David Mundell introduced a Bill to decouple the Scottish Parliament from the local government elections. Perhaps the Minister will tell us what his position on the issue is now.

[David Mundell]

My maths is better than the hon. Gentleman’s. I knew that already, and I knew that these were exactly the sort of matters on which discussion and dialogue were needed. It is much better for that discussion and dialogue to take place in a structured way than for it to take place on the ad hoc basis that would have been required if there had been a coincidence of elections on the basis of the arrangements that existed before the introduction of the Fixed-term Parliaments Bill. That Bill allows these matters to be addressed, and discussion and dialogue to take place. I believe that the mature way in which that dialogue with the Scottish Parliament has taken place reflects well on the coalition Government.

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[Thomas Docherty]

Perhaps the hon. Gentleman can satisfy a curiosity of mine. What is the Edinburgh Gazette, and where may one attain a copy of it?

[David Mundell]

The Edinburgh Gazette is one of the few newspapers in Scotland in which the hon. Gentleman does not appear. It is a formal publication in which formal Government, local authority and other governmental notices appear. I understand that it can be subscribed to, although it is not regularly available in most newsagents in Scotland. There is also a person with the title of the Queen’s Printer for Scotland, who may also publish notice of the reference in such ways as they consider appropriate.

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[Geoffrey Clifton-Brown (The Cotswolds) (Con)]

I wish to speak to my amendments 38 and 39. I do so as chairman of the all-party group on shooting and conservation, the secretariat for which is provided by the British Association for Shooting and Conservation, the specialist shooting body. The BASC has briefed me on these matters and I took some of its members to see the Secretary of State last week, when they were able to put the technical arguments against this matter being included in the Bill and thus becoming a devolved matter. I shall use the latitude that the clause stand part debate provides to make that argument, as well as the one for my two amendments.

My two amendments are straightforward. Amendment 38 seeks to withdraw all but the least powerful air weapons from these arrangements. Amendment 39 goes some way towards dealing with the cross-border issues that the hon. Member for Rutherglen and Hamilton West (Tom Greatrex) described and with the issue of weapons being legal in England and Wales but becoming illegal in Scotland if the matter were devolved and the Scottish Parliament were to use its powers under the Bill.

In arguing against this becoming a devolved matter, it might be useful if I put the whole thing into context. Shooting contributes £240 million to the Scottish economy and airguns are the entry point into the sport. It is estimated that there are some 500,000 airguns in Scotland, compared with 4 million to 7 million in the UK as a whole. They are owned for a variety of lawful purposes, such as target shooting and pest control. The majority of airguns do not carry any serial or other identifying number, and very few need to be held on the authority of a firearms certificate because their capacity is below 12 ft/lbs. The location of nearly all current owners is unknown.

Some 52% of all Scottish airgun crime takes place in the Strathclyde police area and this appears to be an urban problem, rather than a countrywide problem. The call in this Bill for the devolution of airgun legislation has been made following the tragic death of two-year-old Andrew Morton, who was shot with an airgun by 27-year-old Mark Bonini, a drug user from Glasgow. The subsequent tabloid outrage and a campaign by the Scottish nationalists has resulted in a “Scottish appetite” for airgun legislation to be devolved, despite the fact that the current criminal justice system worked by sentencing Mark Bonini to life imprisonment.

There is therefore really no need for any further amendments to the firearms legislation. Numerous pieces of legislation are available to the police across Great Britain to deal with the misuse of airguns and three further pieces of airgun legislation have recently been passed by Westminster: the Anti-social Behaviour Act 2003, the Violent Crime Reduction Act 2006, and the Crime and Security Act 2010. The Scottish police can also use the offence of reckless discharge, which is not available south of the border.

[Thomas Docherty]

The hon. Gentleman said that 50% of these incidents took place in the Strathclyde police area and that there was some sort of link with this being an urban crime, not a rural one. Given that the Strathclyde police area stretches from the Dumfriesshire border with Ayrshire into the lowlands of the highlands, I am puzzled as to how he makes that link between urban crime and the Strathclyde police area.

[Geoffrey Clifton-Brown]

It comes from the number of offences that have been reported—no more, no less. The average number of Scottish airgun offences per annum since 1996 is 565 and the number of incidents has been falling since 2006-07.

The apparent rise in the use of airguns is likely to be the result of improved police reporting procedures, but other weapons, especially knives, are much more likely to be used in homicide offences in Scotland and, indeed, elsewhere. There is nothing peculiarly Scottish about airgun controls or crime, so there is no justification for creating a system for Scotland that differs from the current regime in England. It is not enough for Ministers to wash their hands of it on the ground that the democratic process will produce the right answer. The campaign for the devolution of powers regarding airguns has been fuelled by tabloid scaremongering such as that around the recent incident in Auchinleck in Ayrshire. It was initially reported that 18 schoolchildren had been shot by a sniper armed with an airgun equipped with a muzzle, but it later turned out that eight children had been hit by plastic pellets from a BB toy gun.

The coalition has rightly resolutely opposed knee-jerk legislation on firearms that is not based on sound evidence. The Calman commission produced no argument for devolving powers on airguns beyond the statement that

“there is appetite to deal with airguns differently in Scotland.”

I submit to the Minister that that is not a good basis for legislating on this matter. The commission produced no evidence to back that up.

The coalition has advocated having easily understood legislation that protects public safety, whichever part of the United Kingdom one comes from. Public safety is endangered by complex firearms laws, and having a different regime for airguns in Scotland will increase the complexity of firearms laws. Devolving power over airguns will destroy the internal logic of firearms legislation as a reserve power and will fuel calls for the devolution of all firearms law, which I note the Bill specifically does not do; all the most serious firearms legislation is still reserved to the United Kingdom Parliament. There are already 36 offences that can be applied in relation to airgun misuse. The most recent legislation—the requirement in the Crime and Security Act 2010 to ensure that children do not have unrestricted access to airguns—came into effect only last month.

There is good evidence to suggest that increased powers, proper enforcement and education are behind the fall in airgun misuse that is most pronounced north of the border. The Government and Parliament are in the middle of a review of firearms legislation in the wake of Whitehaven, and Parliament is awaiting a response from the Home Office to the Select Committee on Home Affairs report on firearms. Devolving power over airguns in Scotland would be premature, would ignore the wider review and would mean having piecemeal legislation on firearms in response to outrage, which would damage effective legislation and enforcement. The Association of Chief Police Officers in Scotland has stated that

“in the ideal world, for the sake of lack of confusion…one set of legislation would be the best option”,

and that, given the number of airguns in circulation,

“in relation to cost and resources from a policing perspective, there would be a definitive impact”.

It has also said that regulating airguns in Scotland could be difficult and costly. It stated:

“Ideally, we would prefer them to come under the Firearms Act”—

that of 1968, to which the hon. Member for Rutherglen and Hamilton West referred, and that of 1997, in particular, both of which are referred to in my amendment—

“so we don’t have two sets of rules.”

If a licensing system of air weapons was introduced, it would have a disproportionate effect on the operational capacity of the Scottish police forces. As I have said, they would not have the time or the manpower to deal with the issue properly. The new work load would require a serious displacement of staff from other more important fields such as crime prevention and detection. Any change to laws on airgun ownership proposed by the Scottish Government could criminalise an estimated 500,000 law-abiding airgun owners in Scotland overnight. The consequences of any change in controls over air weapons in Scotland would not be confined to Scotland, but no consultations have been launched to canvass the opinions of people in England and Wales who might be affected by such changes when they travel over the border. Any ban on air weapon ownership imposed by the Scottish Government would adversely affect trade and would lead to a significant bill for compensation for those who legitimately own air weapons. Is the Minister going to pay compensation to those people who suddenly find themselves with illegal weapons, or will the weapons simply become useless, in which case those people will lose out considerably?

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Clause 12 ordered to stand part of the Bill.

[Thomas Docherty]

On a point of order, Mr Benton. You might not be aware, having been in the Chair, but apparently the Scottish nationalists have been tweeting tonight that Labour MPs voted not to devolve Government responsibility to the Scottish Parliament. I would be very grateful if you advised me what we as MPs can do to ensure that all SNP Members are aware of the actual facts, rather than just twittering.

[The Temporary Chair (Mr Joe Benton]

I have heard the point of order, but as it is not a procedural point I cannot rule on it. I am very sorry.

Schedule 2 agreed to.



Clause 13

Regulation of the health professions

Question proposed, That the clause stand part of the Bill.

[Pete Wishart]

I rise to oppose the clause. This is part 2 of the great Calman clawback. Presumably we are going to see an attempt by the Tory-led Government to take powers away from the Scottish Parliament, once again with Labour complicity and support.

The Bill is characterised as one that gives powers away to the Scottish Parliament, but the previous clause and this clause demonstrate that one hand most definitely giveth, but the other most definitely taketh away. We oppose the clause, first, because it is anti-devolutionary, and secondly, and most importantly, because it is not necessary. The Scottish Parliament is totally in control of Scotland’s health services. Scottish Ministers are responsible to the Scottish Parliament and, in turn, to the Scottish people for the structure and delivery of health services. We have our own national health service in Scotland.

The Scottish Parliament has a direct interest in ensuring that Scotland’s particular needs and circumstances are taken into account in decisions made about the health service in Scotland, including the regulation of its work forces. Since 1999, we have developed a different NHS in Scotland—one based on the needs of the Scottish people.

[Thomas Docherty]

The hon. Gentleman talks about the regulation of work forces. Does he therefore believe that we should have a separate Health and Safety Executive for Scotland?

[Pete Wishart]

There would probably be a strong case for that. The hon. Gentleman is entirely right. In Scotland, all the regulations for the regulation of health professionals that existed before the 1998 Act came into force are continuing to be regulated at a UK level from the Department of Health. That includes nearly all doctors, nurses and dentists. The Scottish Government have a little toehold into regulation as regards important new professions that have been designed since the 1998 Act came into force—for example, operating department practitioners, dental nurses, dental technicians, orthodontic therapists, pharmacy technicians and practitioner psychologists. It is incredibly important that we do not lose that toehold.

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[Mr Mike Weir (Angus) (SNP)]

rose—

[Thomas Docherty]

rose—

[Mr Reid]

The hon. Member for Na h-Eileanan an Iar (Mr MacNeil) was first.

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[Mr Reid]

Simply put, those arrangements would add a new layer of bureaucracy and waste time. Currently, a doctor can move from Scotland to England or vice versa with no problem whatever. The hon. Gentleman simply wants to put bureaucracy in the way.

[Thomas Docherty]

The hon. Member for Carlisle (John Stevenson) and the Minister, who represent the north-west of England and the south-west of Scotland respectively, are both in the Chamber. The hon. Member for Argyll and Bute (Mr Reid) will probably be aware that many of their constituents, and the constituents of Members on both sides of the House, will travel to use services on both sides of the border. Does he not agree that this debate is another example of the tabling of Mickey Mouse amendments to slow down the process by a party that will come worse than sixth in the forthcoming elections?

[Mr Reid]

I agree with the hon. Gentleman on cross-border traffic, which is important, but he gives SNP Members more credence than they deserve. They did not actually table an amendment—they did not put that amount of work in—and are simply opposing the Government. If the hon. Member for Perth and North Perthshire had been consistent, he would have tabled a new clause to the effect that all health professions would be regulated separately in Scotland, but he did not bother to do so. He is simply opposing a sensible Government measure.

I meant to speak for only a minute or two, but all those interventions took up quite a lot of time. I conclude by reminding the hon. Member for Glasgow South West (Mr Davidson) that in the Henley by-election, the Labour party were fifth with a lower share of the vote than the Liberal Democrats got last week.

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[Thomas Docherty]

I would speculate that the reason the Scottish Parliament should have responsibility for Antarctica is that there are probably just as many Liberal Democrats in Antarctica as there are now in Scotland.

[The Chairman]

Order. We are dealing with health professions. We have not quite got to Antarctica yet, so I think we will ignore that part.