Offensive Weapons Bill Debate

Full Debate: Read Full Debate
Department: Home Office
2nd reading: House of Commons & Money resolution: House of Commons
Wednesday 27th June 2018

(5 years, 10 months ago)

Commons Chamber
Read Full debate Offensive Weapons Act 2019 View all Offensive Weapons Act 2019 Debates Read Hansard Text Read Debate Ministerial Extracts
Sajid Javid Portrait Sajid Javid
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I understand the hon. Gentleman’s point, but, as he will know, before we settled on any of these measures—particularly the one dealing with knives—there was an extensive consultation involving many people, including manufacturers from the great city of Sheffield and other parts of the UK. I hope it is of some reassurance to the hon. Gentleman that, while it is true that deliveries to solely residential addresses will be prohibited, deliveries to businesses operating from residences will not. There are some other defences which I think will help with the issue that he has raised. For example, the prohibition will not apply to table knives, knives to be used for sporting purposes, knives to be used for re-enactment purposes, or hand-made knives. I hope that that indicates to the hon. Gentleman that we have thought carefully about the issue, but if he has any other suggestions, he should write to me and I will consider them.

Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
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The UK already has a reputation for having the strongest and best firearms legislation across Europe. Does my right hon. Friend agree that the intention of this Bill is to make sure dangerous knives and toxic chemicals are equally strongly legislated against, but it is not the intention to take action against law-abiding citizens?

Sajid Javid Portrait Sajid Javid
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My hon. Friend is absolutely right and I could not have put it better myself. She will know that there are already some restrictions on knives; for example, there are restrictions on buying the so-called zombie knives, but there is no restriction on possessing them at present. Part of the Bill’s intention is to fill in some of those obvious gaps, as members of the public have asked why the Government have not addressed them before.

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Louise Haigh Portrait Louise Haigh
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The hon. Gentleman is absolutely right that resources should follow demand. That is why it is a crying shame that the Government have kicked the can down the road on the police funding formula, which has denied resources to areas of the country that are in serious need of police resources. That funding formula should be based on demand.

Vicky Ford Portrait Vicky Ford
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Following the point made by my hon. Friend the Member for Romford (Andrew Rosindell), will the hon. Lady join me in thanking Essex police and congratulating them on the 150 officers they are adding to our force?

Louise Haigh Portrait Louise Haigh
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It is welcome when any police force recruits additional police officers. I do not have to hand the number of officers that Essex has lost since 2010, but I imagine that it is significantly more than 150.

Let us look at the Home Office research on the drivers of trends in violent crime. Neighbourhood policing was certainly mentioned; social media was acknowledged to have played a role, as were changes to the drug market, as the Home Secretary mentioned, particularly in respect of the purity of crack cocaine. They are all factors in the spate of recent murders, but one of the most important factors that the analysis showed was that a larger cohort of young people are now particularly vulnerable to involvement in violent crime because of significant increases in the numbers of homeless children, children in care and children excluded from school. Just 2% of the general population have been excluded from school, compared with 49% of the prison population. As much as this Bill is, and should be, about taking offensive weapons off our streets, the issues around serious violent crime are also a story of vulnerability.

The Children’s Commissioner has shown that 70,000 under-25-year-olds are currently feared to be part of gang networks. The unavoidable conclusion is that, for a growing, precarious and highly vulnerable cohort of children, the structures and safety nets that are there to protect them are failing.

Behind this tragic spate of violence is a story of missed opportunities to intervene as services retreat; of children without a place to call home shunted between temporary accommodation, with their parents at the mercy of private landlords; of patterns of truancy and expulsions; and of troubled families ignored until the moment of crisis hits. The most despicable criminals are exploiting the space where well-run and effective early intervention, prevention and diversion strategies once existed.

As the Children’s Commissioner notes, the pursuit of young children is now

“a systematic and well-rehearsed business model.”

The Home Secretary himself highlighted the importance of early intervention in tackling violence when he told “The Andrew Marr Show” that we must deal with the root causes, but the £20 million a year we spend on early intervention and prevention has to be seen in the context of the £387 million cut from youth services, the £1 billion cut from children’s services, and the £2.7 billion cut from school budgets since 2015. For most communities, the funding provided by the serious violence strategy will not make any difference at all. How can it even begin to plug the gap?

We know what happens when early intervention disappears. A groundbreaking report 18 years ago by the Audit Commission described the path of a young boy called James who found himself at the hard end of the criminal justice system before the last Labour Government’s progressive efforts to address the root causes of crime through early intervention:

“Starting at the age of five, his mother persistently requested help in managing his behaviour and addressing his learning difficulties. Despite formal assessments at an early age for special educational needs, no educational help was forthcoming until he reached the age of eight and even then no efforts were made to address his behaviour problems in the home. By the age of ten, he had his first brush with the law but several requests for a learning mentor came to nothing and his attendance at school began to suffer. By now he was falling behind his peers and getting into trouble at school, at home and in his…neighbourhood…

Within a year James was serving an intensive community supervision order and…only then did the authorities acknowledge that the family had multiple problems and needed a full assessment. A meeting of professionals was arranged but no one directly involved with James, other than his Head Teacher, attended, no social worker was allocated and none of the plans that were drawn up to help James were implemented. Within a short space of time, he was sent to a Secure Training Centre and on release…no services were received by James or his family. He was back in custody within a few months.”

How many Jameses have we come across in our constituencies? How many mothers like James’s have we met in our surgeries? The pattern described here could just as well be attributed to a young man I had been seeking to help over the past year but whose life was tragically ended just last month. He was stabbed to death in my constituency, and another 15-year-old charged with his murder.

It very much feels as though we have learned these lessons before and are now repeating the same mistakes.

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Louise Haigh Portrait Louise Haigh
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I am grateful for that intervention. Across the country, such community organisations are filling a vacuum that has been created by Government cuts over the past eight years. They are doing sterling work with at-risk young people, and preventing many of them from falling into exploitation and violence.

I take this opportunity to commend the work of the Scottish Government not just through the violence reduction unit, which I am sure we will hear much of in today’s debate, but in their commitment to long-term research on the patterns of youth offending and violence. The last major national study of youth crime in England and Wales was 10 years ago, which means we do not know the impact of social media or, indeed, of austerity. We urge the Government to repeat that survey, to commission research on why young people carry weapons and on the risk factors that lead to violent offending, and to commission an evidence-based analysis of the success of various interventions. That could build on the excellent work led by my hon. Friend the Member for Lewisham, Deptford (Vicky Foxcroft), who pioneered the Youth Violence Commission.

In Scotland, the Edinburgh study of youth transitions and crime found that violent offenders are significantly more likely than non-violent young people to be victims of crime and adult harassment, to be engaged in self-harm and para-suicidal behaviour, to be drug users or regular alcohol users and, for girls in particular, to be from a socially deprived background.

Although, of course, I accept wholeheartedly the point made by my hon. Friend the Member for West Ham (Lyn Brown) that any young person can be at risk of exploitation, it is in the public good for such vulnerable young people to receive targeted interventions at a young age, rather than to see them fall into the costly criminal justice system and their lives wasted. We hope to see significantly more action from the Government on that.

Vicky Ford Portrait Vicky Ford
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I am a member of the Select Committee on Science and Technology, and we have been looking at the evidence on early intervention. As has been highlighted, there are areas of excellent practice, including Manchester and, I am glad to say, Essex. Will the hon. Lady look at those areas of excellent practice? I reject the suggestion that, somehow, this is linked to cuts. Our good practice in delivering early intervention helps to make the difference.

Louise Haigh Portrait Louise Haigh
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I heartily recommend that the hon. Lady reads the Home Office’s own analysis, which suggests that cuts to neighbourhood policing and early intervention have played a part in the rise of serious violence, but of course I accept that some excellent work is going on throughout the country. That is exactly the point I am making: we need a proper evidence-based analysis of that work to make sure that we roll out the successful pilots.

Let me turn to the possession and sale of corrosives. We welcome the move to clarify the law. In March, the Sentencing Council explicitly listed acid as a potentially dangerous weapon, but it is welcome that that is made clear in the legislation. Nevertheless, concerns remain about the lack of controls on reportable substances. We welcome the passing of secondary legislation to designate sulphuric acid as a reportable substance, but the time has come for a broader look at the two classes of poisons to determine which are causing harm and should therefore be subject to stricter controls.

The purpose of the legislation prior to the Deregulation Act 2015 was to allow the sale of commonly used products while protecting the individual from their inherent dangers. The sale of such poisons as hydrochloric, ammonia, hydrofluoric, nitric and phosphoric acids was restricted to retail pharmacies and to businesses whose premises were on local authorities’ lists of sellers. That situation was not perfect, but in considering reform we should note that the Poisons Board preferred a third option, between the previous system and what we have today, which would have designated as regulated all poisons listed as reportable substances, meaning that they could be sold only in registered pharmacies, with buyers required to enter their details.

The Government have conceded the point that some acids that are currently on open sale are dangerous and so should not be sold to under-18s. Schedule 1 lists hydrochloric acid and ammonia as two such examples, but we know that only one in five acid attacks are conducted by under-18s. That means that four in five attackers will be free to purchase reportable substances despite the clear evidence of harm. Of the 408 reported acid attacks, ammonia was used in 69 incidents. In the light of that, will the Government conduct a full review of the designation of reportable substances and bring forward regulations to re-designate those causing clear harm?

We note that the Government have failed to extend to corrosive substances the specific provisions on the possession of knives in schools. There can surely be no justification, beyond a reasonable defence, for the possession of corrosive substances on a school premises. If we are to send a message that the possession of corrosive substances will be treated with the same seriousness as the possession of knives, it should follow that the provisions that apply in respect of knives in schools are extended to acid.

On knife possession, the measures on remote sales and residential premises are important, but a cursory internet search demonstrates the easy availability of a wide range of weapons that are terrifying in their familiarity: knives disguised as credit cards and as bracelets; weapons designed with the explicit purpose to harm and to conceal. With the increasing use of such weapons and the widespread use of machetes in certain parts of the country, we wish to explore with the Government what further action can be taken to bear down on such pernicious weapons, and how apps and platforms on which such weapons are made readily available can be held to account.

As the Bill is considered in Committee, we wish to explore the concerns, mentioned by my right hon. Friend the Member for Delyn (David Hanson) earlier, of retailers and the Union of Shop, Distributive and Allied Workers about the offences imposed on retailers.

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Louise Haigh Portrait Louise Haigh
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My hon. Friend brings his own personal experience to the debate and makes an important point. I am sure that will be heard in Committee.

Finally, we believe that the Bill is a missed opportunity for victims. The Conservative party manifestos in 2015 and 2017 promised to enshrine in law the rights of victims, a group too often neglected by the criminal justice system. With crime surging and the perpetrators of crime more likely than ever to escape justice, the Bill should have gone further and looked to strengthen the rights of victims of crime.

Vicky Ford Portrait Vicky Ford
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I thank the hon. Lady for giving way yet again. On the point about repurposing or reactivating deactivated firearms, will she mention for the record that of course the reactivation of a deactivated firearm is in itself a criminal act?

Louise Haigh Portrait Louise Haigh
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Yes, and I was not trying to suggest otherwise, but, as I have laid out, the number of crimes using repurposed weapons has increased significantly over the past 10 years, so it is clear that in considering the Bill we should look into how we can restrict the availability of decommissioned weapons.

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James Morris Portrait James Morris
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I accept what the hon. Lady says up to a point, although all the evidence, including the strong evidence that we see in the Government’s serious violence strategy, is that a lot of the kids—girls and boys—who end up in the sorts of situations that may lead to serious violence have come from family situations in which they have been considerably traumatised, and trauma of that nature has led to various other consequences. We cannot shy away from that.

Vicky Ford Portrait Vicky Ford
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When I was involved in a Select Committee inquiry into online issues, we were given evidence that the online recruitment of children from quite stable backgrounds is now being used to bring such children into gangs. We need to realise that no child is immune.

James Morris Portrait James Morris
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I will come on to the point about social media. I am emphasising the point about kids who come from traumatised backgrounds because we need to examine what that leads to and what its drivers are. Often it leads to such things as social exclusion, school exclusion, and a cycle of behaviour that leads to violence. This is about young people not having a stake in civilised society, as we would call it, with their values, their sense of structure and the way in which they think about the world being derived from the gang, which is where the violence and fetishisation of violence comes from.

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Vicky Ford Portrait Vicky Ford (Chelmsford) (Con)
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Many of my constituents in Chelmsford write to tell me how concerned they are about the changing nature of crime. They know that crime overall has dropped, but they see more crime happening online and more violent crime. This morning, I spoke to my police and crime commissioner to make sure that I was fully up to date with what was happening on the streets. Violence with injury has increased by over 10% in Chelmsford in the past year, although that is lower than the national increase of 15%. Possession of weapons has increased by nearly 50%, and there has been a rise in wounding with intent.

My police and crime commissioner says that the police are doing a great deal. Operation Raptor is under review, while Operation Survey, which is targeted at serious violence, has also been helpful. They are launching their new violence and vulnerability framework, and they believe that they can get ahead of this surge. However, they want to make more use of stop-and-search, and a commitment to more policing resources. We know that a lot of this is related to county lines, and that the increased crime is related to the more complex ways in which drugs are moved around the country by gangs. The Government and Parliament need to take a lot of action.

As elected politicians, our top priority is to care about the safety of those we represent, who expect us to act. The police and crime commissioner made a comment about extra resources. I was pleased to work last year with colleagues from across Essex in making a strong statement to the Policing Minister about the need to increase the cap on local police funding so that our police would get the resources that they need. Those extra 150 police officers are now being recruited and are going into action across Chelmsford.

We can do more about some of the causes of crime. In an intervention, I mentioned the young people who are being recruited into drugs-related gangs through online platforms. The evidence in the Science and Technology Committee was to do with drill music being played through YouTube; those who had written it could then directly message the young people. The point made in the Committee was that that could happen to any teenager and that no one is immune. That has definitely been seen in Chelmsford. I believe that we will act on this issue through the internet safety strategy, about which I have just had a meeting with the Secretary of State for Digital, Culture, Media and Sport.

There is also the issue of what weapons are being used—that is why we are discussing this Bill about offensive weapons. We need to strengthen laws to prevent the possession and sale of knives in particular. I have seen many images shared by my local police of knives that they have intercepted—particularly the “zombie killer” type. I am pleased that the Government are taking action on knives.

There is also the issue of acid attacks. A few months ago, I visited Chelmsford mosque and spoke to some of the young people about what they felt as they went around the streets these days. I was taken by how many young members of that community referred to how concerned they were about recent acid attacks, particularly those carried out on some sort of religious grounds. If I can go back to that group now and say that we are strengthening the law to make it illegal for young people to buy acid and to carry it in a public place, that will be an extremely important and positive message. I am glad that such provisions are in the Bill.

I turn to firearms legislation. I never expected to spend a lot of my life as a politician working on that issue, but I do spend an enormous amount of time on it. I led the reform of European firearms legislation through the European Parliament a couple of years ago following the Paris attacks in the Bataclan theatre, where firearms that had supposedly been permanently deactivated—they therefore could be bought and sold without licences in many parts of Europe—were actually not deactivated. Pins had simply been put through the barrels; they were pulled out and the firearms were reactivated by the terrorists. Ninety people were murdered in that attack.

In the UK, we were not immune: 35 of those same firearms were found in a marina on our shores, having been smuggled here. The then Home Secretary—the current Prime Minister—went to Europe and said that we needed to tighten up European gun laws because those affect our own security. I must make one point: those incorrectly deactivated firearms could not have been bought and sold under our law without a licence because the UK has among the strongest—if not the strongest—firearms legislation of anywhere in Europe. It was absolutely in our interest to make sure that the rest of Europe rose to that challenge.

Jim Shannon Portrait Jim Shannon
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The hon. Lady is correct about the measures relating to firearms. Does she agree that those who transgress and break the law are not those who have a licence to hold arms legally? The Government need to focus attention on the law breakers, not those who uphold the law.

Vicky Ford Portrait Vicky Ford
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I completely agree and that brings me to my next point. What I learnt from looking at our firearms legislation, and firearms legislation across the continent of Europe and in Ireland, is that there are many very good reasons why genuine law-abiding people may need to have a firearm. There are particular sensitivities relating to personal security in Northern Ireland, where many people have permission to hold firearms that would not be permitted in other parts of the UK. The devil is in the detail and it is really important detail. There are many legitimate reasons for why people might want to hold firearms. They could be historical re-enactors, filmmakers—Britain has more filmmakers using firearms than anywhere else in the world, which is one reason why we have such an active filmmaking industry—farmers, target shooters or people involved in the countryside.

My concern is that the Bill makes changes to what firearms are available to law-abiding citizens. Measures have possibly been strengthened without thinking through all the consequences. If I may, Mr Speaker, I would like to read just one email I received from a constituent:

“I completely agree with the other sections of the Bill, but believe that these restrictions on the shooting community unfairly target law-abiding members of our society. I am a keen target shooter and police officer, and I don’t see how these restrictions will cut down on the amount of gun crime on our streets. I have yet to see any of this type of firearm that is due to be restricted used in any criminal activity.”

If we are to tighten the law in this area, we need to make sure that we maintain the confidence of the law-abiding gun-holding community and make sure we can explain to them the evidence the Minister has seen for changing the law.