Tom Brake
Main Page: Tom Brake (Liberal Democrat - Carshalton and Wallington)Department Debates - View all Tom Brake's debates with the Ministry of Justice
(13 years, 11 months ago)
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Keith Vaz
My hon. Friend is absolutely right to do so. In an emergency of this kind, many people are involved in alleviating the pain and distress of members of the local community—the list is endless. I want to pay tribute to my hon. Friend the Member for Workington (Tony Cunningham), to the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith) and to my hon. Friend the Member for Copeland (Mr Reed), who wanted to stay for the entire debate but had a long-standing commitment that he could not break. The debate was scheduled after that commitment was made. We all remember the way in which my hon. Friends the Members for Copeland and for Workington and others represented the views of their constituents day after day on a 24-hour basis, and we all hope that we will never be in that situation in our own constituencies.
This is, in a sense, a House of Commons day. There was not a single area of disagreement between the two Front-Bench teams. There are points that Members in all parts of the House will want to emphasise, but there is agreement that we should look carefully at the reports that have been produced. I pay tribute to members of the Select Committee. Again, I apologise on their behalf. Most of them very much wanted to be present for the debate today but the severe weather and constituency commitments have prevented them from attending. They worked hard to make this a unanimous report where consensus was the order of the day. The report is not intended to have a go at any group in society.
I knew very little about firearms when I began the inquiry. That is why I was delighted to be involved in it—not delighted for the reasons that I mentioned, but pleased to gain some expertise in an area that I know nothing about. As Members of Parliament, we are supposed to be experts on everything, and it is not often that we say we know nothing about a subject. However, I knew nothing about firearms. The nearest I had got to a firearm was a water pistol when I was much younger.
I thank the hon. Member for Carmarthen West and South Pembrokeshire (Simon Hart) who was extremely helpful to the Committee in a number of ways and to me personally. We asked that firearms be brought into the Committee so that we could look at the various types. Sometimes it is difficult for lay members—I am a lay member—to understand the difference between a section 1 firearm, a shotgun, a pistol and an air weapon. The hon. Gentleman arranged for that to happen. I thank the Serjeant at Arms and the Deputy Serjeant at Arms for allowing us to bring the weapons into the Committee. I think we gave them a bit of a fright when the firearms came in, but it was important for us to look at them.
I valued immensely my visit to Bisley, where I met so many talented individuals who had represented our country in shooting at the highest level and had won gold medals at the recent Commonwealth games. They were not bulky men with big muscles, though there were some of those about—not members of the Committee. Some were women, who had shot so successfully. One of them hung all four of her gold medals around her neck. I no longer need to be convinced of the importance of the sport. When we look at the figures, showing the hundreds of thousands who apply for a licence in good faith, with excellent characters, and get their licences, we know that we must be careful if we try to change the law.
That is not what the Committee suggested to any great extent. Like the hon. Member for Suffolk Coastal, we suggested measures that we think can improve the situation. Hindsight is a wonderful gift and none of us possesses it. We do not know what is going to happen in the future. It is terribly difficult for the Government of the day, having had so many difficulties to deal with in the events that took place in Cumbria and Northumberland, to call it right. If anything happens in the future, and the odds are that it will—the evidence before us suggested that it will happen at some stage—we do not want people to be blamed for having failed to take action.
Some of our proposals are direct recommendations: we made 22 recommendations. Some are an invitation to the Government to consult further—for example, on the age at which children may apply for a licence. I was confused about that, as were the Clerks and members of the Committee. Therefore, for the convenience of the House, we set out the current law in a table that appears on page 42 of the report.
As the table shows, it is possible to apply for a licence for a shotgun at any age, but for a section 1 firearm, one can apply only from the age of 14. One may use a shotgun under supervision at any age, but, for a section 1 firearm, in certain circumstances, it is from the age of 14 with a certificate. To be in possession of a firearm unsupervised, the minimum age is 15 for a shotgun and 14 for a section 1 firearm. To purchase or hire a firearm and/or ammunition, the age is the same—18.
We did not suggest an age to the Government. We recommended that the Government look at the various ages. They may decide that there is no empirical evidence that a change is needed. However, we suggested a number of areas for consideration: the age at which an individual is permitted to shoot under supervision in the controlled environment of a shooting range, the age at which an individual is permitted to shoot under supervision outside such a controlled environment, and the age at which an individual is permitted to shoot unsupervised.
No age is specified in the report, although Mr Whiting said when I pressed him that he thought it should be 10. That was under pressure from the Chairman seeking to get him to alight on a particular figure. I was very surprised that there were 26 children aged 10 who had shotguns, even though I have a 15-year-old son who is in the Duke of Edinburgh’s award scheme. When he heard that I would be speaking about the subject, he said, “You’re not going to ban us from doing this, are you?” I said, “I’m not going to ban you from doing anything, apart from being on the computer for too long.”
We have asked the Government to consider the question of age. The hon. Member for Suffolk Coastal need not fear. We are not coming to a conclusion; we are just saying that the matter requires further thought.
Tom Brake (Carshalton and Wallington) (LD)
I heard the right hon. Gentleman this morning on Radio 4 on this subject. It was not clear from his response why he felt the need for a review. He did not seem to be suggesting that there was any particular problem in respect of the age at which children could hold a licence or could shoot.
Keith Vaz
I was trying to hedge a little because we have our personal views based on our interest in the subject, but the Committee as a whole took no view. I think it was right not to take a view because we had not taken a huge amount of evidence on the age limits. We therefore did not want to interfere with the current arrangements. We thought further examination was merited. As I said at the beginning of my speech, I am not an expert on these matters so it came as a surprise to me that children as young as 10 were able to shoot. It had to be explained to me at Bisley what they were all up to and that they were doing it for a purpose. I understood much better when I had heard that.
Tom Brake (Carshalton and Wallington) (LD)
I welcome the opportunity for this debate today. I suspect that whatever day the Government had chosen, some hon. Members might have felt it inappropriate, but the fact that the debate is taking place today has not stopped us from having a well-informed discussion with Members who clearly have an interest in the subject. I welcome also the fact that the matter is under active consideration by the Government.
It is a pleasure to follow the hon. Members for Kingston upon Hull North (Diana Johnson) and for Suffolk Coastal (Dr Coffey) and, indeed, the right hon. Member for Leicester East (Keith Vaz), who, as the hon. Member for Kingston upon Hull North has said, have given the matter mature consideration. The whole debate has been approached in a consensual and mature manner.
I further welcome the Committee’s revisiting the report from 10 years ago. One of the Committee’s strengths is that it revisits reports and checks whether recommendations have been implemented. I also welcome the recent innovation of placing recommendations on the website, so that we can see what progress is made against them. Whether the Government see the 66 recommendations in the last three reports as separate targets, I do not know, but, given that the Government are duty-bound to respond to the Committee’s reports, it might be appropriate for them to respond to the recommendations as well.
It is perfectly appropriate and right that, after the tragic incidents involving Derrick Bird and Raoul Moat, the House should consider our gun control laws and approach the issue in a suitably sombre and non-political atmosphere. We owe that to the families, who suffered so grievously from those senseless murders, and to the emergency services, who had to deal with those matters on the day and in the aftermath. It is incumbent on us to propose solutions that reduce risks not only effectively, but proportionately, and we must rely on policies with a sound evidence base. So, we, as a House and as a Government, should propose solutions that identify the differences between and risks associated with legal and illegal firearms.
On illegal firearms, I am sure that there is a consensus in the House that the current Government, just like the previous Government, must maintain pressure on those who import and convert weapons, and on the gangs that use weapons. As the hon. Member for Suffolk Coastal has said, we need to rely on the border force to try to intercept weapons as they come into the country. We also need to rely on the national crime agency, when it is set up, to deal with what is a national issue, and we need to ensure that the duty of co-operation that will be placed on the elected police and crime commissioners operates effectively, so that they can deal collectively with a matter of national importance.
On legal firearms, Members have quoted some of the statistics. According to the briefing that Members have received from the British Association for Shooting and Conservation, it is difficult to demonstrate a relationship between gun crime and legitimate gun ownership. The association provides statistics showing that, for instance, in Scotland in 2005-06, although gun crime fell by 6%, and was 28% lower than nine years previously, there was an increase in privately owned firearms, the number of which was at a five-year high in that country. So, there does not appear to be a correlation between gun crime and legitimate gun ownership, and the association provides a number of other statistics to support that contention. Indeed, handguns were banned following Dunblane, but they continue to be regularly used and are the weapon of choice in gun crime.
One should not draw any rapid conclusions about how to address the issue of gun crime through the licensing of legal weapons. We have heard the comments of the right hon. Member for Leicester East, the Chairman of the Home Affairs Committee, on the subject of young people and shooting, and I understand why his Committee called for the review. I, too, am surprised about the different age groups and about the issues on access to guns and ammunition and when someone needs to be supervised and when they do not. Therefore, it is perfectly right for him to pass the buck to the Government, which is something the Committee rarely does. He did not quite use that phrase, but I think he was quite happy to hand over responsibility for that review to the Government. I can see the need to do so, although I am not sure whether he has identified a particular problem that requires such a review to be undertaken.
On legal firearms, there is the matter of the number of firearms on private premises. Hon. Members will know that the British Shooting Sport Council does not consider the number of guns held by an individual to be an issue. That therefore does not necessarily need to be considered when discussing gun controls, particularly in relation to legal firearms. When dealing with that issue, it is essential that we rely on the evidence of what the risks are and how they can be addressed. I want to draw Members’ attention to a couple of the Home Affairs Committee’s recommendations, which warrant further investigation. The right hon. Gentleman has referred to the 34 laws. I am sure it would be of great advantage to clarify or simplify that matter. There should be tighter restrictions and clearer guidance to the police on the granting of firearms and shotgun licences to individuals who have engaged in criminal activity. Again, the Government should consider more carefully whether people subject to suspended sentences should be allowed to hold firearms.
The Opposition spokesperson, the hon. Member for Kingston upon Hull North, raised a strong point about the need for greater consultation with domestic partners, both current and ex-partners. That matter is certainly worthy of Government investigation, as is the greater enforcement of air weapon offences. The media have also been drawn into the matter as a result of how they sensationalise these crimes. In passing, I shall refer to a case that involves Newsquest. That organisation has done some good work on, for example, ensuring that there are no sex ads in its newspapers. However, I regret that in relation to a murder—not a gun-related murder—in my constituency, it has pursued a particular case again and again. The victim’s family are suffering the consequences because, any time there is a development in the case, it gets covered locally and the family, who want to put the matter behind them, see it constantly reported on the front pages of the paper. Clearly, that may currently and in the future affect all the families involved in the Cumbrian incident and, indeed, the incidents involving Raoul Moat. The media should carefully consider that matter themselves and take appropriate action.
The final thing that I want to mention about the Select Committee report is the fact that, interestingly, it did not recommend centralising gun storage. In the Select Committee’s view, there were perhaps advantages in having gun storage in different places, rather than in a central point. If guns were in a central point, it could be more attractive to someone who wanted to get hold of a large number of guns in one location. Will the Minister say whether he has received representations from any organisations or individuals on changes proposed by arm’s length management organisations? An ALMO in my area, Sutton Housing Partnership, has introduced a policy of not allowing people to store guns in their properties, because it is concerned about those guns getting into illegal hands. However, the evidence that we have before us perhaps suggests that, in some respects, those guns might be safer there than they would be if they were all located in one particular point. When the Minister responds, I hope he will discuss that point.
It is clearly right that, as the House—and, indeed, the Select Committee—addresses these issues, we consider the risks associated with illegal and legal firearms. Collectively, we should formulate a response that addresses those issues and ensures that the families affected by these tragedies can see that the Government have responded proportionately. The Government need to take measures that reduce the risk of similar incidents occurring in the future, without having an undue impact on a sport that millions of people enjoy. Indeed, my wife enjoyed the sport of shooting when she was a teenager. We do not want to have a disproportionate impact on a fraternity who pursue a sport in a perfectly legal fashion. When the Minister responds, I hope that he will take on board those two, at times, conflicting considerations. It is the Government’s responsibility to ensure that both those matters are addressed in a proportionate manner.
The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)
I congratulate the hon. Member for Eltham (Clive Efford) on his promotion to the Front Bench and wish him well in his new role. This has been an interesting and well-informed debate, which has highlighted some of the themes that emerge when considering the difficult and, at times, emotive issue of the control of firearms.
People who possess firearms legally usually conduct themselves safely and conscientiously and are among the first to condemn the criminal misuse of firearms. However, following the tragic events in Cumbria and Northumbria, there has been a ready recognition of the need for a debate about firearms laws and licensing. At the outset, I pay tribute to all those who have been touched by those desperately sad events—the families of those who have lost loved ones; the victims who have survived such traumatic incidents; and the police, the emergency services and other organisations, such as Church groups, that have been involved in all those incidents. Our thoughts and prayers are particularly with the families and those who have been touched by this in some way.
During the debate, there have been calls for consideration of the issues to be thorough, proportionate and having due regard to informed opinion on what, as we have heard, is undoubtedly a complex and emotive subject. We have had an interesting and wide-ranging debate that has met all those considerations. As my right hon. Friend the Minister for Policing and Criminal Justice said in his opening remarks, the Government are very much in listening mode, and today’s debate has been invaluable in setting out the main issues and the arguments for and against particular changes to the law. We will reflect carefully on everything that has been said and wish to take into account any other views from interested parties before deciding what further measures might be needed to improve public safety.
We have already taken delivery of Assistant Chief Constable Whiting’s useful and informative peer review of the tragic shootings in Cumbria, and we have also seen the report by Assistant Chief Constable Sue Fish on behalf of ACPO’s criminal use of firearms group. I have met them both since the publication of their reports and discussed with them in detail their recommendations.
In the course of the next two months, we will respond to the recommendations made by the Home Affairs Committee, which has just reported on its own investigation into whether there is a need for changes to the way in which firearm and shotgun certificates are issued, monitored or reviewed as a means of preventing gun violence. We will consider that carefully. As part of that, we will also consider the need for a broader debate and consideration. The Government will seek to strike a balance in ensuring that our controls are targeted fairly and proportionately.
I pay tribute to the hon. Member for Copeland (Mr Reed), who has been unable to be here today for reasons that I fully recognise. I am sure that he will want to be part of the continuing considerations and discussions on this important and sensitive issue. We will seek to continue bilateral discussions with him as matters progress.
I will seek to reply to a number of the points made during this wide-ranging and interesting debate. My hon. Friend the Member for Suffolk Coastal (Dr Coffey) made a well-informed, thoughtful contribution that highlighted many of the themes that come through in Assistant Chief Constable Whiting’s review, as well as the need to grapple equally with the criminal issues and those of the law, which I will reflect on in later comments. As the Chair of the Select Committee has said, those of us with a non-classical education have also been educated in the use of Latin.
I thank the Chair and his Committee for their very helpful and informative report and pay tribute to the detailed and careful examination that they have conducted. I will respond in slightly further detail on the issues relating to age and to the role of doctors, but let me deal now with changes to the law and consolidation. As I said to the Select Committee when I appeared before it to give evidence on this specific point, I recognise that there are two potential themes. The law itself is complex, but so is the way in which it is interspersed in several different pieces of legislation. I therefore hear the calls for consolidation as well as simplification.
We will have to consider the matter carefully, because, as I said to the Select Committee, when one starts to change the law, new avenues for legal challenge can be opened, and there is a lack of certainty attached to new legislation. We will carefully consider the points that have been raised by the Select Committee, and in the interim we will consider the need for revised Home Office guidance to present the existing legislation as clearly and simply as possible. This matter has been raised by other hon. Members, ACPO and other interested parties, and we will consider their points in detail.
My hon. Friend the Member for Carshalton and Wallington (Tom Brake) highlighted the important contribution of firearms in sport, and thereby raised the broader context in which we must consider this issue. He raised a specific issue about arm’s length management organisations in social housing. I have not received any representations on that point, but perhaps there are specific issues with regard to landlords and tenants that fall outside the issues that we have been debating. I am willing to consider any specific points that he subsequently wants to raise.
James Brokenshire
There may be matters relating to landlords and tenants. We must consider carefully the issue of storage, as the Home Affairs Committee has done. I am happy to reflect on that matter further, but we must be careful and cautious so that we do not impose restrictions without properly considering their implications. Such restrictions might create more risk, rather than reducing the risk. However, he has fairly highlighted the issue.
The hon. Member for Derby North (Chris Williamson) described the shocking impact of gun crime by highlighting specific examples and issues. This will always be an emotive issue, on which there are strongly held views, and I thank him for bringing that context to this evening’s proceedings. He wanted further clarification on GPs, and I will come to that.
My hon. Friend the Member for Bournemouth East (Mr Ellwood) discussed the Olympics, which is a matter that we have corresponded on and discussed. I have inquired of the Minister for Sport and the Olympics whether the existing restrictions are hampering preparations for the 2012 games, and I am advised that they are not. We will review the arrangements post-2012 to consider whether further changes are required.