PARLIAMENTARY DEBATE
Offensive Weapons Bill - 28 November 2018 (Commons/Commons Chamber)
Debate Detail
Brought up, and read the First time.
New clause 3—Controls on miniature rifles and ammunition—
“(1) The Firearms Act 1968 is amended as follows.
(2) Omit subsection (4) of section 11 (Sports, athletics and other approved activities).”
This new clause would amend the Firearms Act 1968 to remove the exemption on miniature rifle ranges, preventing individuals without a firearms certificate from being able to acquire and possess semi-automatic rifles without a check by the police.
New clause 4—Possession of component parts of ammunition with intent to manufacture—
“(1) Section 1 of the Firearms Act 1988 is amended as follows—
(2) After subsection 4A insert—
‘(4B) A person other than a person permitted to manufacture ammunition by virtue of being a registered firearms dealer or holder of a firearm certificate authorising the type of ammunition being manufactured commits an offence if—
(a) The person has in his or her possession or under his or her control the component parts of ammunition and,
(b) The person intends to use such articles to manufacture the component parts into ammunition.
(4C) A person guilty of an offence under subsection 4b is liable—
(a) On summary conviction—
(i) In England and Wales to imprisonment for a term not exceeding 12 months (or in relation to offences committed before Section 154(1) of the Criminal Justice Act 2003 comes into force 6 months) or to a fine or both.
(ii) In Scotland to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.
(b) On conviction on indictment, to imprisonment for a term not exceeding five years to a fine, or to both.’”
This new clause would create a specific offence for the possession of component parts of ammunition with the intent to manufacture, for all persons other than those registered as firearms dealer or holders of a firearms certificate authorising the type of ammunition being manufactured.
New clause 18—Offence of failure to store an air weapon in a locked cabinet—
“(1) A person commits an offence if they fail to store an air weapon in their possession in a locked cabinet.
(2) The offence in subsection (1) has not been committed if the person has the firearm with them for the purpose of cleaning, repairing or testing it or for some other purpose connected with its use, transfer or sale, or the air weapon is in transit to or from a place in connection with its use or any such purpose.
(3) For the purposes of this section, ‘air weapon’ has the same meaning as in section 1(3)(b) of the Firearms Act 1968.
(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.”
New clause 19—Sale of an air weapon without a trigger guard—
“(1) A person commits an offence if, by way of trade or business, they sell an air weapon that is not fitted with a trigger guard.
(2) For the purposes of this section, ‘air weapon’ has the same meaning as in section 1(3)(b) of the Firearms Act 1968.
(3) The Secretary of State may by regulations define ‘trigger guard’ for the purposes of this section.
(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.”
Government amendment 26.
Amendment 23, in clause 30, page 30, line 9, leave out from “rifle” to end of paragraph and insert
“, other than a rifle which is chambered for rim fire cartridges, which ejects an empty cartridge case using energy which comes (directly or indirectly) from propellant gas and subsequently chambers a cartridge by mechanical means through the operation of the firing trigger mechanism alone.”
Government amendments 27 to 33.
Amendment 24, in clause 31, page 31, line 9, leave out from “rifle” to end of paragraph and insert
“, other than a rifle which is chambered for rim fire cartridges, which ejects an empty cartridge case using energy which comes (directly or indirectly) from propellant gas and subsequently chambers a cartridge by mechanical means through the operation of the firing trigger mechanism alone.”
Government amendments 34 to 55.
Having said that, I am pleased to have the opportunity to outline the importance of new clause 2, with which I simply seek to establish in law the requirement for the Department to publish a report on the safety of air weapons. Such a report is necessary because the statistics on air weapons offences are not routinely recorded and official data is difficult to find. The report would require the Department to assess the strength of existing legislation on the use of air weapons. An important aspect of the debate is licensing, to which I shall return in a moment. The report would also require consideration of the existing guidelines on safe storage, about which my right hon. Friend the Member for Delyn (David Hanson) will speak in more detail later. I thank him for his support and for the work that he has done on this issue previously.
The report would also force an assessment on the current age limits for the possession and use of air weapons, which we discussed in Committee. This is important, because young people are disproportionately victims of air weapons offences. I managed to obtain via the Library information that shows that a disproportionate number of 10 to 19-year-olds were victims of air weapons offences in 2017, considering their share of the population, but we need more detail.
The subject of licensing has come up in a number of debates over the years, including in this place and in Select Committee hearings, but there seems to have been a reluctance to push collectively for real change. The dangers posed by air weapons cannot be ignored: their misuse is a matter of public safety. That was the argument put forward by Members of the Scottish Parliament in 2015, when they voted to license air weapons. While others were perhaps doing other things during the conference recess, I went to the Scottish Parliament in Holyrood to hear the arguments for and against licensing and about the experience of it.
The logic for the system in Scotland seems straightforward: as a matter of public safety, only those who have good reason for using, acquiring, purchasing or possessing an air weapon ought legally to be able to obtain one. The Scottish police believe that the scheme has been a success thus far, with more than 21,000 weapons having been surrendered by owners. Some 24,000 licences were issued up to February this year. There is a cost of £72 per licence to cover the administration fee. The Scottish Government's position is clear: those who have a legitimate use for an air weapon—including for sports and pest control—are not prevented from obtaining one. That gives important clarity to a subject that can be confusing. It sends a clear message that these weapons are not toys and capable of causing serious injury or even death. I simply ask the Minister whether he can demonstrate to me that my constituents in Bristol South are as safe from the misuse of air weapons as people in Scotland, where the guns are licensed.
The Minister previously said that the Department’s response to the air weapons review will answer everything, but I am wondering whether the review that we have been seeking will ever see the light of day. The review closed more than nine months ago and, despite numerous assurances to many Members, we are still awaiting its conclusions. We owe it to the victims of air weapons, and their families, to stop the Government kicking the issue into the long grass. It took the Scottish Government just a few months to consider the responses to their consultation on air weapons. We must now demand the same single-mindedness of our Government. I have here the documents, all the way from Scotland, should the Government wish to use them to make progress on the review and look seriously at licensing.
The proposal in the Bill to ban firearms with a muzzle velocity of more than 13,600 J, including .50 calibre guns, was not, under any interpretation of the facts, going to help the fight against crime. The guns are very expensive, costing around £20,000 each. There are therefore very few in number, with only 150 or so in private hands. They are extremely bulky, heavy at 30 lb and slow to load, with large, hand-loaded ammunition. In fact, one could hardly find a firearm less likely to be used in a crime. They are simply too big. That is probably why they have never been used in a crime in this jurisdiction.
If we are to start banning things just because of the use to which they might be put, logic could dictate that all firearms should be used, as well as all knives. That is not my idea of a free society.
The National Crime Agency position brief was received by the Library and heavily commented on by shooting experts across the board. The following points are based on their feedback. The NCA brief states that .50 calibre rifles
“are built around enormously powerful cartridges originally designed for military use on the battlefield and to have devastating effect”.
That is true, but it is also true of one of the most common target rifles ever used, the .303 Lee Enfield rifle and one of the most common hunting rifles, the .308, which is also based on a military round. The current full bore civilian target shooting round, at 7.62 mm, is a military round often used in machine guns. The NCA brief further states:
“The propellant mass in a standard M33 .50 calibre ‘ball’ round is nearly ten times as great as that in the standard ‘ball’ round used in the…Army’s primary battlefield rifle, the L85.”
However, that is simply disingenuous, as the 5.56 round used in the L85 is specifically designed to be light and to perform a totally different role from the .50 calibre rifle. In particular, that round is designed to enable large quantities to be carried by troops and is faster firing and easier to use at close quarters, but to say the L85 is any less dangerous as a result is bizarre.
The irony is that .50 calibre firearms could have their barrels shortened, thus taking them beneath the maximum velocity. The 13,600 J limit is entirely arbitrary, and many owners and manufacturers could simply adapt their guns down to the new limit. The NCA refers to recent seizures of guns, including fully automatic weapons, as showing that crime groups are seeking more powerful weapons, but the .50 calibre is not automatic and there is no evidence of crime gangs ever having wanted to use it.
There was also a failure to consider the historic arms position. People should have the right to engage in shooting sports, unless serious possible injury to the public can be proved. I am a Conservative, and Conservatives to my mind do not ban things for the sake of it.
It is unfortunate that this debate is not about the criminals whom we should be targeting, namely the owners of illegal guns that are being used for crimes, but about the law-abiding sporting men and women who would lose out for no good reason.
Just as worrying to the shooting community is the “thin end of the wedge” effect. If we could ban a calibre that is not held illegally and has never been used in a crime, how much easier would it be down the road to ban calibres that have been held illegally and are frequently used in crimes? By picking on the seemingly easy target of only 150 gun owners, the unamended Bill would have undermined shooting sports in this country as a whole.
It was important and impressive that 74 hon. Members across the House signed the amendment tabled by my hon. Friend the Member for The Cotswolds (Sir Geoffrey Clifton-Brown) to remove the .50 calibre provisions. The Government are to be congratulated on tabling their amendments.
It is deeply regrettable that the Bill before us is far less effective than what was presented on Second Reading and that, in the Government’s complete paralysis in the middle of Brexit negotiations in their own party, they have refused to listen to the voices of the most senior counter-terror and security experts in the country and instead have once again allowed ideology to win the day.
It is a very sad reflection on our times that matters of great public importance—no task is more important than the Government keeping their citizens safe—are being sacrificed at the altar of Brexit. We have offered our sincere and constructive support throughout the passage of the Bill, supporting the Government’s efforts to respond to the surge in violent crime. We offered our support in Committee and now on Report in their attempt to ban the .50 calibre rifle, but, unfortunately, once again they have proven themselves unable to govern in the national interest, in hock to a group of Members who are prepared to risk public safety.
The Home Secretary said back in April that he wanted to bring forward an Offensive Weapons Bill within weeks and that if it achieved cross-party support, it would become law “very quickly”, making a “big difference”. Over the weekend in London and across the country, more lives have been taken in senseless violence. Thirty-seven children have been killed this year. How can it have been allowed that the already limited measures in the Bill have been held up three times now because of a fight over high-calibre rifles? It reflects very poorly on this Parliament.
I speak in support of new clauses 3 and 4 in my name, new clause 2 in the name of my hon. Friend the Member for Bristol South (Karin Smyth), and new clauses 18 and 19 in the name of my right hon. Friend the Member for Delyn (David Hanson). I will also refer to the amendments regarding .50 calibre rifles, with which the Labour party profoundly disagrees.
New clause 3 would bring miniature rifle ranges under the existing provisions of the Firearms Act 1968. It would remove a loophole in our decades-old firearms law that is providing easy access for non-firearms holders to get their hands on ammunition. Law enforcement officials have been clear on this. They have said in no uncertain terms that the exemption in section 11(4) of the Firearms Act is glaring and provides an easy route for terrorists and criminals to access firearms. This little-known exemption allows non-certificate holders to acquire and possess up to .23 calibre miniature rifles and ammo in connection with the running of a miniature rifle range.
Section 11(4) also allows a person claiming that they are running a miniature rifle range to acquire an unlimited number of .22 calibre rifles and ammunition without any background checks being completed or the police being made aware. In this context, the term “miniature rifle” is something of a misnomer. They are semi-automatic rifles and go far beyond that which is safe in the hands of a non-certificate holder. These are potentially lethal weapons, so this exemption is far too broad.
We are asking the Government to consider using this legislation to stop criminals having ready access to potentially lethal weapons. We were not at all convinced by the Minister’s justification in Committee and were staggered that she suggested that the Government had not been approached regarding this loophole, when they have been copied into the specific correspondence from counter-terrorism experts and the police. They simply cannot say they have not been warned. Will the Minister outline the Home Office’s thinking? Why does the Department believe, in the face of expert evidence, that this exemption does not pose a threat?
New clause 4, in my name and the name of the shadow Home Secretary, would make it an offence to possess component parts of ammunition with the intent to manufacture. Again, this has been explicitly recommended to us by the National Ballistics Intelligence Service, which said in Committee:
“There is a lack of control and legislation around purchasing and acquiring ammunition components. People can freely acquire all the equipment they need to make ammunition; the offence kicks in only once you have made a round.”––[Official Report, Offensive Weapons Public Bill Committee, 17 July 2018; c. 42, Q99.]
Senior law enforcement officials have said:
“the reality is that individuals are being found in possession of primers (for which there is no offence) cartridge cases (for which there is no offence), missiles i.e. bullets (for which there is no offence) and smokeless powder (which is technically a minor offence contrary to explosives regulations but rarely…prosecuted).”
The fact is that, unless complete ammunition is found, there is no prosecution despite very strong suspicion that someone is making ammunition to be used in criminality. This simply cannot be right. New clause 4 is an attempt, in the light of the growing threat picture from DIY ammunition making, to give law enforcement the tools needed to clamp down on this practice, which is undoubtedly raising the threat to the public from firearms.
Those are not my words, but the words of the Home Secretary on Second Reading. At what point did he no longer believe the evidence of intelligence, police and other security experts? At what point did he decide that the spectacle of a significant rebellion among Conservative Members was not worth the risk posed by these firearms? Given that so much attention has focused on the .50 calibre, is he satisfied that this amendment will also mean that two even more powerful rifles will now fail to be captured by this prohibition?
The 14 mm and 20 mm have been described by counter-terror police as effective Soviet anti-tank weapons. What on earth are this Government doing allowing these to be held by the licence-owning public? These two types are
Again, these are not my words, but the words of the Minister in Committee. She told us then that the Government were considering other alternatives for enhanced security for storage and use, yet now we see a complete climbdown.
Labour will vigorously oppose these amendments today and any attempt to weaken the already desperately weak provisions in the Bill. The measures contained in clause 30, which in effect ban the enormously powerful .50 calibre, 14 mm and 20 mm are necessary and proportionate. They have been backed up with expert justification of the risk assessments and we are convinced that that assessment has been made in good faith. We will not be playing politics with public safety.
There are many who seek to question the motives of the senior firearms officers who presented evidence to Parliament on the basis of an assessment of the facts. Those officers gave a reasoned, evidence-based analysis, and we are confident that they are not supporting anything that is not completely necessary to their work to keep us safe.
The hon. Member for Huntingdon (Mr Djanogly) made a point about ammunition. In fact, the user requirement for this gun for the military is a system that can immobilise a vehicle with all UK in-service .50 calibre ammunition—not exotic military ammunition at all. Mark Groothuis of Operation Endeavour, the counter-terror policing unit in the Met, told us:
“My concern is that, if one of these guns were to be stolen…and if it were to get into terrorist hands, it could be very difficult to fight against or to protect against. There is very little—nothing, as far as I know—that the police service have that could go up against a .50 in the way of body armour or even protected vehicles.”––[Official Report, Offensive Weapons Public Bill Committee, 17 July 2018; c. 33, Q66.]
How is this a risk worth taking? This is a proportionate ban affecting weapons of staggering power. This is the most powerful weapon of its kind still available to the public.
The idea heard in some quarters that this is part of an overall assault on lawful gun-holders is simply nonsense. Last year, there were 157,581 firearms certificates covering over half a million weapons, and over half a million shotgun certificates covering more than 1 million shotguns. This amendment would affect 129 weapons. The truth is that the only way to protect the public from this weapon’s enormous power is to remove it from public hands altogether, and the Government have utterly failed in their duty to do so.
As the hon. Member for Bristol South (Karin Smyth) said, this is the third time that the Government have listed for debate this Bill’s remaining stages. For me, as the lead signatory to amendments trying to remove .50 calibre weapons from the Bill, this is third time lucky. After extensive negotiations with the Government, I persuaded them that there was, as I will demonstrate, no real evidence to ban these weapons, and that they should remove them from the Bill and have a proper evidence-based consultation as to whether these weapons do or do not form a danger to the public.
I thank my right hon. Friend the Home Secretary very much indeed for reviewing the evidence on these rifles. He listened to everything that I and other colleagues had to say. My amendments attracted no fewer than 75 signatures from across the House. I thank every single one of my colleagues who signed them. I particularly thank and pay tribute to the Democratic Unionist party of Northern Ireland, all of whose Members signed them.
There is very little evidence for banning these weapons. The press seemed somehow to think that my amendments were all about Brexit and assumed that all those who had supported them did so to achieve Brexit. Nothing could be further from the truth. We were genuinely—I speak as chairman of the all-party shooting and conservation group—trying to do the right thing by a group of citizens who, as I indicated to my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), are some of the most law-abiding in the country.
Since the Bill was published, I have become aware that shooting associations have been concerned that the advice received by Ministers was not based on the facts but on a misrepresentation of target shooting. The consultation in advance of the Bill described .50 calibre single-shot target rifles as “materiel destruction” weapons. Nothing could be further from the truth. Civilian target rifles fire inert ammunition at paper targets. Only the military possess materiel destruction weapons that fire explosive and armour piercing rounds—all illegal in this country for civilian use.
Much of the evidence given to the Public Bill Committee continued on this theme. These target rifles were described by those who advised the Government as “extreme” and “military”, and inaccuracy, exaggeration and misrepresentation were given full play to support the ban. Much of this was refuted by the shooting organisations. They pointed out that the National Ballistics Intelligence Service was mistaken in declaring that the effective range of these .50 calibre rifles is 6,800 metres. The actual effective range is much less than a third of this.
I want to go on to the National Crime Agency’s letter, which the Government seem to place such reliance on and which was placed in the Library of this House.
The National Crime Agency wrote to the Home Secretary and the letter was circulated to MPs and placed in the Library. It was signed by Steve Rodhouse, the director general of operations at the National Crime Agency. The argument he used, essentially, is that these very powerful rifles might do serious damage. But the same could be said of most commonly used sporting rifles. Indeed, the most commonly used deer rifle in the UK is a .308 that could, and does, do lethal damage. As my hon. Friend the Member for North Herefordshire (Bill Wiggin) pointed out, that is what it is designed to do. It is designed to kill vermin against which it is licensed to be used.
In the letter, Mr Rodhouse uses the words “military” and “extreme”. Nearly all calibres of commonly used civilian rifles originated as military rounds. He also quotes the MOD requirement for immobilising a truck at 1,800 metres. What he does not say is the round used, as I have said, is a high-explosive, incendiary and armour-piercing projectile. That is illegal for civilian use in the UK, where these rifles are used for punching holes in paper targets. It is as illogical to say that a civilian .50 calibre rifle should be banned because the Army uses it to fire at trucks as it would be to ban a .308 deer rifle because the Army uses the same calibre to fire at men. Equally, the residual strike of a .50 calibre bullet and the strike of a .308 bullet are both going to achieve the same end.
With regard to security, which was the basis of my original amendments, and to which I urged the Government to pay very close attention in their consultation, every firearms dealer in this country has to adhere to a level 3 security requirement, and the chief police officer of every police force that licenses every firearms dealer has to be satisfied that those requirements are in place. Some firearms dealers carry weapons that are far more lethal than a .50 calibre weapon because they store them on behalf of the Army. I would suggest that level 3 security would have prevented at least one of these crimes because there would have been the necessary security involved to do that.
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.
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.
I would like to start by thanking Little Chalfont Rifle and Pistol Club and my constituents who are members of it for helping me better to understand lever-release rifles by allowing me to fire several of them. Lever-release rifles are built and designed in the UK. They have a mechanism by which the rifle unloads itself with propellant gas but stops short of reloading. In a sense, they are self-cocking, but not self-loading. A lever is pressed to release the working parts and load the next round. My amendments would allow lever-release rifles but ban so-called MARS—manually activated release system—rifles, which allow the working parts to come forward using a second trigger press.
The lever-release mechanism was produced within current firearms law to be suitably used and owned on a section 1 firearms licence. These rifles are a valuable resource for disabled and elderly shooters in particular, who can struggle with conventional operating actions, and are no more dangerous than any other legally owned firearm of a similar calibre. The mechanism is not a bump stock, which has no place in target shooting; there seems to be unity about that.
The National Rifle Association has provided evidence that lever-release systems do not significantly increase the rate of fire capability of rifles. Lever-release rifles have a comparable rate of fire to bolt-action rifles—that is, one to two rounds per second, against one or less with a bolt-action rifle. Those rates of fire are based on un-aimed shots. In reality, the rate of fire for aimed shots, including the time taken to come back to aim and replace magazines, will yield an aimed shot about every two to four seconds in the hands of an expert marksman, regardless of the system used. I can certainly testify to that, having tried them. They have considerable recoil, and the idea of having a high rate of fire with aimed shots is really for the birds.
The lever-release system can allow an able-bodied shooter to maintain their firing position, assisting accuracy in a sport that is defined by accurate shooting. According to British Shooting, disabled people currently make up 25% of recreational shooters—a number that it is committed to increasing further. The NRA has informed us that 42.5% of its members are aged 60 or older. Lever-release rifles can allow less able people to continue to participate in the sport.
It seems unnecessary to ban lever-release rifles. My amendments would ban so-called MARS firearms, where the trigger is pulled a second time. I would like the Minister to set out exactly why shooters with lever-release rifles should have those weapons taken from them. A cornerstone of democracy is minority rights. I do not think that these weapons represent a significant additional risk for having a lever-release mechanism, and though I am only probing the Government’s position, I would like the Minister to set out in detail why owners will be stripped of those firearms.
Finally, in the original impact assessment, published alongside the consultation document, the Government estimated the total cost of compensation for the owners of these firearms to be between £1 million and £1.1 million in the first year of the policy. Responses to the consultation suggest that this was a considerable underestimate, and I very much hope that the Minister will be able to give us a new and more accurate estimate of the cost of the compensation.
I confess that I would not have tabled new clauses 18 and 19 had we had some clarity from the Government on the consultation on air weapons. Members will recall that the Government were asked to undertake a consultation on air weapons safety by the West Suffolk coroner on 10 October 2017 and that the Government announced a consultation on air rifle legislation on 12 December 2017. It closed on 6 February 2018, to which as I recall—on 20-something November 2018—we still have not had a response, despite some 50,000 consultation responses.
The reason why I want this to be looked at is quite clear and quite tragic. My constituent George Atkinson was killed by an air rifle in a tragic accident at a cousin’s house some years ago. The air rifle in the house was not locked in a cabinet, and George had access to it. Playing with air rifles, as I did myself in my own house as a child, resulted in George’s accidental death, and his family had the tragedy of losing their 13-year-old son.
John and Jane Atkinson, George’s parents, have campaigned very strongly to try to get some measure of safety added to air rifles. They are not against the use of air rifles as a whole, but they want some safety measures added. The figures back up their concerns. We have seen some 25 cases of serious injury from air rifles this year and 288 cases that resulted in slight injury, while air rifles have been used in some 2,203 incidents—not just accidents, but deliberate use—involving offences in 2016-17.
The legislation—this is where I hope my two new clauses will come in—is currently the Firearms Act 1968, which says that it is an offence for a person in possession of an air weapon to fail to take reasonable precautions to prevent someone under the age of 18 from gaining unauthorised access to it. However, it does not define what reasonable precautions are in relation to protection for individuals.
As I have said, my constituents, although they have lost their son, do not wish to see airguns banned; they wish to see them made safer. My new clauses would do two things. The first new clause would ensure that airguns had to be kept in a lockable cabinet at home, with the key kept separate from the cabinet. If that had been in place, it would accordingly be an offence if the cabinet was accessed. There has to be a lockable cabinet.
The second new clause shows that we want trigger guards to be added to air rifles that, again, are only accessible by the owner of the air rifles. That does not prevent anybody from owning an air rifle or using an air rifle, or impose legal requirements on using one for sport or any other purpose. However, the new clauses would put in place two significant measures that would strengthen the Firearms Act and make the reasonable precautions measurable. Without measurable reasonable precautions, nobody can say what a reasonable precaution is.
For the memory of children and young people such as George Atkinson, it is important that we seek to have reasonable precautions. I want to hear from the Minister whether she will look at and support new clauses 18 and 19, and when she expects to respond to the consultation. Will she take on board those two suggestions, and, ultimately, not ban such weapons, but—perhaps as part of the wider examination mooted in new clause 2, moved by my hon. Friend the Member for Bristol South—look at what measures we can take to make them safer?
New clauses 18 and 19 are reasonable. A lockable cabinet and a lockable trigger guard will ensure that children and young individuals, who do not realise the potential power of these weapons, have more difficulty accessing weapons whose legal owners may currently keep them in an unlocked cabinet and without a trigger guard. I think the Minister needs to look at this, and I hope that she will support the new clauses. If she will not do so, I hope for a good explanation why not.
I absolutely supported the amendment tabled by my hon. Friend the Member for The Cotswolds (Sir Geoffrey Clifton-Brown), which would have tightened up some of the rules around gun clubs with regard to these weapons. I am speaking in order to do almost an about-turn—I touched on this in my intervention during my hon. Friend’s speech—and this has really come to light for me. The issue is not so much about the .50 calibre weapons. I take the point, and it is well made, that one would not be able to remove and use this type of weapon in such a way; they are used for a specific purpose. None the less, if we are not careful with our gun clubs and do not make sure that the rules are tight, there will be situations where there are breaches that have tragic consequences. I want to reference what I touched on in my intervention.
I will run through the exchange that happened during the court process. Mr Craig Savage, the constituent I referred to—in fact, this happened just into a neighbouring constituency—managed to book his local gun club. It is my local gun club—I have actually used it—and the same one that has written to me to try to persuade me how safe it is and what a great pursuit the sport is.
I want to take the House through the transcript involving the defendant and 1066 Target Sports. The defendant had asked whether he and a friend could book a live fire at 6.30 pm on the Friday. In one email, he asked whether it was busy during that time, and he later took up the offer of booking out all the lanes so that he and his friend
“could have the place to ourselves”.
I am sure colleagues are wondering why, at this point, nobody smelled a rat. The next day, he emailed to say that his friend had dropped out and he would have to “swing back another time”.
The defendant arrived at the complex at about 5 pm on the Friday of the shooting and was met in reception by Mr Graves, the deputy manager. Mr Graves said that the defendant had mentioned that he had prostate cancer and did not have much time to live. During the live firing he spoke about religion and rifles, and he made reference to “police-assisted suicide” and wanting to be “remembered as a man”. The defendant then went to the toilet. While the deputy manager was reloading, the defendant returned, wrestled the gun away, aimed it at his chest and said, “I will not hurt you, but I will need you to open the door”, which he duly did.
The defendant then made the 10-minute journey to Bexhill Road, where at 7.40 pm Raven Whitbread, her mother Heather Whitbread and her sister Michelle Savage were sitting in the lounge relaxing and eating a meal. Suddenly the defendant smashed through the window. Raven was told by her sister and mother to hide, as she was seven months pregnant. Raven said that she saw Craig Savage standing over her sister, and then she saw her body jolt. She ran into the annexe to call the police. Her mother was shot dead thereafter.
That is what happens if we do not get this right. People lose their lives in tragic situations because sometimes we too blindly see the risks as being so small that they will not occur. But when the law is broken, tragic events occur and people lose their lives. I think that we are duty bound not to say that the risks are so small that we should not control legitimate behaviour. We should ensure that those risks are minimised even further, and reduced to zero if possible.
I am asking the Minister whether we can look at gun clubs to ensure that they are made more secure, along the lines that my hon. Friend the Member for The Cotswolds talked about, and really to look at a wholescale review and reform of gun clubs. If we do—I will tell my local gun club this—I just cannot support them.
I feel sorry for the Minister, because I think that it is the Home Secretary, or indeed the Prime Minister, who should really be here to account for why they are now disregarding all the advice they have received from the police and intelligence officials and caving in to—I have to say it—the backwoodsmen and, occasionally, women of their own party, rather than seeking to govern in the national interest on security. There was a way here whereby a Government who either had a level of authority or were prepared to reach across the House to do the right thing on national security could have got a clear majority for this important measure.
The threat of terrorism in this country is growing. It is inadequate, and potentially morally bankrupt, simply to say that because there has not been an attack recently, since the IRA threat, then there will not be one in future.
We know that the terror threat is growing. The Government received clear advice that these—
The first duty of Government is to keep the public safe. That is why we have brought the Bill forward, to give the police and other agencies the powers they need to tackle serious violence and crime. But it is the definition of democracy that Government must meet that duty in ways that are effective but also proportionate. We have some of the strongest gun laws in the world, particularly for rapid-fire rifles. My hon. Friend the Member for Wycombe (Mr Baker) has indicated that his amendment is intended to be probing. However, those rifles remain in the Bill because we are concerned that they can discharge rounds at a rate that brings them much closer to self-loading rifles, which are already prohibited for civilian ownership under section 5 of the Firearms Act 1968. Indeed, that appears to be one of the selling points for such rifles. We have therefore included them in the Bill, because we are of the view that the indiscriminate use of rapid-firing rifles, including lever-action rifles, is such that they should be prohibited in the same way as other full-bore, self-loading rifles. I understand that my hon. Friend the Member for Wycombe has raised the interests of disabled shooters. Of course that is part of our assessment, but we are satisfied that there are other rifles that those with disabilities can use if they are prevented from using these rifles.
Let me move on to air rifles. I know that the hon. Member for Bristol South (Karin Smyth) and the right hon. Member for Delyn (David Hanson) have run long campaigns on air rifles. I hope that they both know that we have conducted this review following the coroner’s report into the terrible and very sad death of Benjamin Wragge, a 13-year-old boy who was shot accidentally with an air weapon in 2016. As I said in Committee, we received more than 50,000 representations from members of the public, and the issues raised by the new clauses tabled by the hon. Lady and the right hon. Gentleman will be considered in that specialist review, which will be published shortly. I therefore ask them not to press their new clauses to a vote.
I want to make a small point that might assist the right hon. Member for Delyn in deciding whether to press new clause 19 to a vote. The new clause refers to trigger guards, rather than trigger locks. I understand that he wants to look at locks. At the moment, air weapons are fitted with trigger guards. But I am happy to have a conversation with him, and with any other Member, about the applicability of locks as part of the review process.
On Government amendments 26 to 55, I recognise the very, very strong feelings across the House. I spoke at the beginning about the balancing act—indeed, it is a discussion we had constantly in Committee—between effectiveness and proportionality. We saw that today, let alone on Second Reading and in Committee, in relation to clauses 30 and 31. The clauses were included in the Bill to strengthen the controls on high muzzle energy rifles. They are currently controlled under general licensing arrangements. The effect of the clauses would be to subject those rifles to the more rigorous controls provided by section 5 of the 1968 Act. This was because our law enforcement colleagues have concerns as to the potential effect if these rifles fall into the wrong hands. Our strong gun laws mean that those who shoot in the countryside or at ranges have met the standards expected in firearms licensing and by their local police force.
The Deputy Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83E), That the clause be read a Second time.
Question negatived.
The Deputy Speaker then put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order 83E).
Amendments proposed: 26, page 30, leave out lines 6 to 8.
Amendment 27, page 30, line 30, leave out “, (ag)”.
Amendment 28, page 30, line 34, leave out “, (ag)”.
Amendment 29, page 30, line 36, leave out “(ag),”.
Amendment 30, page 30, line 38, leave out “(ag),”.
Amendment 31, page 30, line 40, leave out “(ag),”.
Amendment 32, page 30, line 43, leave out “(ag),”.
Amendments proposed: 33, page 31, leave out lines 6 to 8.
Amendment 34, page 31, line 28, leave out “, (ea)”.
Amendment 35, page 31, line 31, leave out “, (ea)”.
Amendment 36, page 31, line 33, leave out “(ea),”.
Amendment 37, page 31, line 35, leave out “(ea),”.
Amendment 38, page 31, line 37, leave out “(ea),”.
Amendment 39, page 31, line 41, leave out “(ea),”.
Amendments proposed: 40, page 32, line 20, leave out “other than firearms”.
Amendment 41, page 32, line 22, leave out “30(3)” and insert “30(2)”.
Amendment 42, page 32, line 24, leave out “31(3)” and insert “31(2)”.
Amendments proposed: 43, page 40, line 23, leave out “, (ag)”.
Amendment 44, page 40, line 24, leave out “, (ea)”.
Amendment 45, page 40, line 27, leave out “, (ag)”.
Amendment 46, page 41, line 1, leave out “, (ea)”.
Amendment 47, page 41, line 4, leave out “, (ag)”.
Amendment 48, page 41, line 5, leave out “, (ea)”.
Amendment 49, page 41, line 8, leave out “(ag),”.
Amendment 50, page 41, line 12, leave out “(ea),”.
Amendment 51, page 41, line 19, leave out “, (ag)”.
Amendment 52, page 41, line 20, leave out “, (ag)”.
Amendment 53, page 41, line 22, leave out “(ag),”.
Amendment 54, page 41, line 26, leave out “(ag),”.
Amendment 55, page 41, line 38, leave out “(ea),”.
Question put (single Question on amendments moved by a Minister of the Crown), That amendments 26 to 55 be made.—(Victoria Atkins.)
Amendments 26 to 55 agreed to.
[The Division list is published at the end of today’s debates.]
New Clause 16
Offence of threatening with an offensive weapon etc in a private place
‘(1) A person (“A”) commits an offence if—
(a) while A is in a private place, A unlawfully and intentionally threatens another person (“B”) with an article or substance to which this subsection applies, and
(b) A does so in such a way that there is an immediate risk of serious physical harm to B.
(2) Subsection (1) applies to an article or substance if it is—
(a) an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953,
(b) an article to which section 139 of the Criminal Justice Act 1988 (offence of having article with blade or point in public place) applies, or
(c) a corrosive substance.
(3) In the application of subsection (1) to an article within subsection (2)(a) or (b), “private place” means a place other than—
(a) a public place,
(b) a place which is part of school premises, or
(c) a place which is part of further education premises.
(4) In the application of subsection (1) to a corrosive substance, “private place” means a place other than a public place.
(5) For the purposes of subsection (1) physical harm is serious if it amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861.
(6) A person guilty of an offence under subsection (1) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 4 years, to a fine or to both.
(7) In relation to an offence committed before the coming into force of section 154(1) of the Criminal Justice Act 2003 (maximum sentence that may be imposed on summary conviction of offence triable either way), the reference in subsection (6)(a) to 12 months is to be read as a reference to 6 months.
(8) In this section and section [Search for corrosive substance on school or further education premises]—
“corrosive substance” means a substance that is capable of burning human skin by corrosion;
“further education premises” means land used solely for the purposes of—
(a) an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), or
(b) a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010),
excluding any land occupied solely as a dwelling by a person employed at the institution or the 16 to 19 Academy;
“public place” includes any place to which, at the time in question, the public have or are permitted to have access, whether on payment or otherwise;
“school premises” means land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by section 4 of the Education Act 1996.’—(Victoria Atkins.)
This new clause and NC17 and Amendment 25 make provision for and in connection with a new offence of threatening another person with an offensive weapon, bladed article or corrosive substance in a private place.
Brought up, and read the First time.
Government new clause 17—Search for corrosive substance on school or further education premises.
New clause 1—Protection for retail staff—
‘(1) A person (“the purchaser”) commits an offence if they intentionally obstruct a person (“the seller”) in the exercise of their duties under section 1 of this Act.
(2) In this section, “intentionally obstruct” includes, but is not limited to, a person acting in a threatening manner.
(3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.’
New clause 5—Prohibition of bladed product displays—
‘(1) A person who in the course of a business displays a bladed product in a place in England and Wales or Northern Ireland is guilty of an offence.
(2) The appropriate Minister may by regulations provide for the meaning of “place” in this section.
(3) The appropriate Minister may by regulations make provision for a display in a place which also amounts to an advertisement to be treated for the purposes of offences in England and Wales or Northern Ireland under this Act—
(a) as an advertisement and not as a display, or
(b) as a display and not as an advertisement.
(4) No offence is committed under this section if—
(c) the bladed products are displayed in the course of a business which is part of the bladed product trade,
(d) they are displays for the purpose of that trade, and
(e) the display is accessible only to persons who are engaged in, or employed by, a business which is also part of that trade.
(5) No offence is committed under this section if the display is a requested display to an individual age 18 or over.
(6) The appropriate Minister may provide in regulations that no offence is committed under section 1 of the display complies with requirements specified in regulations.’
New clause 6—Report on the causes behind youth violence with offensive weapons—
‘(1) The Secretary of State must, within 6 months of this Act receiving Royal Assent, lay a report before Parliament on the causes behind youth violence with offensive weapons.
(2) The report under subsection 1 must consider, but is not limited to,
(a) The effect of the reduction in police numbers on the levels of youth violence with offensive weapons;
(b) The effect of the reduction in public spending on—
(i) children’s services,
(ii) Sure Start,
(iii) state-maintained schools,
(iv) local authorities,
(v) youth offending teams,
(vi) Border Force, and
(vii) drug treatment programmes.
(3) The report under subsection 1 and the considerations under subsection 2 must consider the benefits of the public health approach to violence reduction.
(4) The report must contain all departmental evidence held relating to subsection 2 and 3.’
This new clause would require the Secretary of State to review the causes behind youth violence with offensive weapons.
New clause 7—Offence of threatening with an offensive weapon—
‘(1) Section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public) is amended as follows.
(a) After “Offence of threatening with offensive weapon” leave out “in public”.
(b) In subsection 1(a), after “weapon” leave out “with him or her in a public place”.
(c) In subsection 3, after “section” leave out ““public place” and “offensive weapon” have” and insert “offensive weapon” has’
This new clause would mean that threatening with an offensive weapon anywhere would be an offence, not merely in a public place.
New clause 10—Threatening with a bladed article or offensive weapon in a dwelling—
‘(1) Section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon) is amended as follows.
(2) After subsection 12 insert—
13 Where the threatening offence takes place in a dwelling, a person charged with this offence may rely on the defence available in a “householder case” set out in section 76 of the Criminal Justice and Immigration Act 2008.
14 In subsection 13 above, “dwelling” has the meaning given in section 76 of the Criminal Justice and Immigration Act 2008.’
New clause 11—Threatening with a bladed article or offensive weapon in a dwelling (No.2)—
‘(1) Section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public) is amended as follows.
(2) After subsection 10 insert—
11 Where the threatening offence takes place in a dwelling, a person charged with this offence may rely on the defence available in a “householder case” set out in section 76 of the Criminal Justice and Immigration Act 2008.
12 In subsection 11 above, “dwelling” has the meaning given in section 76 of the Criminal Justice and Immigration Act 2008.’
New clause 12—Threatening with a bladed article or offensive weapon in a dwelling (No.3)—
‘(1) Section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public) is amended as follows.
(2) After subsection 10 insert—
11 Where an offence under this section takes place in a dwelling it shall be a defence for a person charged with such an offence to prove that he had lawful authority or reasonable excuse for having the article with him.
12 In subsection 11 above, “dwelling” has the meaning given in section 76 of the Criminal Justice and Immigration Act 2008.’
New clause 13—Threatening with a bladed article or offensive weapon in a dwelling (No.4)—
‘(1) Section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon) is amended as follows.
(2) After subsection 12 insert—
13 Where an offence under this section takes place in a dwelling it shall be a defence for a person charged with such an offence to prove that he had lawful authority or reasonable excuse for having the article with him.
14 In subsection 13 above, “dwelling” has the meaning given in section 76 of the Criminal Justice and Immigration Act 2008.’
New clause 14—Protection for retail staff: bladed articles—
‘(1) A person (“the purchaser”) commits an offence if they intentionally obstruct a person (“the seller”) in the exercise of their duties under section 141A of the Criminal Justice Act 1988.
(2) In this section, “intentionally obstruct” includes, but is not limited to, a person acting in a threatening manner.
(3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.’
New clause 15—Offence of threatening with blade or offensive weapon (No.2)—
‘(1) Section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon) is amended as follows.
(2) In subsection 1(a), after “applies” leave out “with him or her in a public place or on school premises”.
(3) Omit subsection 2.
(4) Omit subsection 3.
(5) Omit subsection 5.’
This new clause would mean that threatening with a knife anywhere would be an offence, not merely in a public place or school/further education premises.
New clause 20—Offence of threatening with a non-corrosive substance—
‘(1) A person commits an offence if they threaten a person with a substance they claim or imply is corrosive.
(2) It is not a defence for a person to prove that the substance used to threaten a person was not corrosive or listed under schedule 1 of this act.
(3) In this section, “threaten a person” means—
(a) that the person unlawfully and intentionally threatens another person (“A”) with the substance, and
(b) does so in such a way that a reasonable person (“B”) who was exposed to the same threat as A would think that there was an immediate risk of physical harm to B.
(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.’
New clause 21—Prohibition on the possession of a corrosive substance on educational premises—
‘(1) A person commits an offence if that person has a corrosive substance with them on school premises, further education premises or higher education premises.
(2) It shall be a defence for a person charged with an offence under subsection (1) to prove that they had good reason or lawful authority for having the corrosive substance on school premises, further education premises or higher education premises.
(3) Without prejudice to the generality of subsection (2), it is a defence for a person charged in England and Wales or Northern Ireland with an offence under subsection (1) to prove that they had the corrosive substance with them for use at work.
(4) Without prejudice to the generality of subsection (3), it is a defence for a person charged with an offence under subsection (1) to show that they had the corrosive substance with them for use at work.
(5) A person is to be taken to have shown a matter mentioned in subsection (4) or (5) if—
(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and
(b) the contrary is not proved beyond reasonable doubt.
(6) A person guilty of an offence under subsection (1) is liable—
(a) on summary conviction in England and Wales, to an imprisonment for a term not exceeding 12 months, to a fine or to both;
(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both;
(c) on conviction on indictment, to imprisonment for a term not exceeding 4 years, to a fine or both.
(7) In relation to an offence committed before the coming into force of section 154(1) of the Criminal Justice Act 2003 (maximum sentence that may be imposed on summary conviction of offence triable either way) the reference in subsection (7)(a) to 12 months is to be read as a reference to 6 months.
(8) A constable may enter any school, further education premises or higher education premises and search those premises and any person on those premises, if they have reasonable grounds for suspecting that an offence under this section is, or has been, committed.
(9) If, in the course of a search under this section, a constable discovers a corrosive substance they may seize and retain it.
(10) The constable may use reasonable force, if necessary, in the exercise of entry conferred by this section.
(11) In this section—
“corrosive substance” means a substance which is capable of burning human skin by corrosion;
“school premises” means land used for the purpose of a school, excluding any land occupied solely as a dwelling by a person employed at a school;
“school” has the meaning given by—
(a) in relation to land in England and Wales, section 4 of the Education Act 1996;
(b) in relation to land in Northern Ireland, Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/ 594 (NI 3).
“further educational premises” means—
(a) in relation to England and Wales, land used solely for the purposes of—
(b) in relation to Northern Ireland, land used solely for the purposes of an institution of further education within the meaning of Article 2 of the Further Education (Northern Ireland) Order 1997 (SI 1997/ 1772 (NI 15) excluding any land occupied solely as a dwelling by a person employed at the institution”.
“higher education premises” means an institution which provides higher education;
“institution” includes any training provider (whether or not the training provider would otherwise be regarded as an institution);
“higher education” means education provided by means of a higher education course;
“higher education course” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.’
New clause 22—Offence of threatening with corrosive substance on educational premises—
‘(1) A person commits an offence if that person threatens a person with a corrosive substance on school premises, further education premises or higher education premises.
(2) In this section—
“corrosive substance” means a substance which is capable of burning human skin by corrosion;
“threatens a person” means—
(a) unlawfully and intentionally threatens another person (“A”) with a corrosive substance, and
(b) does so in such a way that a reasonable person (“B”) who was exposed to the same threat as A would think that there was an immediate risk of physical harm to B.
“school premises” means land used for the purpose of a school, excluding any land occupied solely as a dwelling by a person employed at a school;
“school” has the meaning given by—
(a) in relation to land in England and Wales, section 4 of the Education Act 1996;
(b) in relation to land in Northern Ireland, Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3).
“further educational premises” means—
(a) in relation to England and Wales, land used solely for the purposes of —
(b) in relation to Northern Ireland, land used solely for the purposes of an institution of further education within the meaning of Article 2 of the Further Education (Northern Ireland) Order 1997 (SI 1997/ 1772 (NI 15) excluding any land occupied solely as a dwelling by a person employed at the institution”.
“higher education premises” means an institution which provides higher education;
“institution” includes any training provider (whether or not the training provider would otherwise be regarded as an institution);
“higher education” means education provided by means of a higher education course;
“higher education course” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988”.
(3) A person guilty of an offence under subsection (1) is liable—
(a) on summary conviction in England and Wales, to an imprisonment for a term not exceeding 12 months, to a fine or to both;
(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both;
(c) on conviction on indictment, to imprisonment for a term not exceeding 4 years, to a fine or both.
(4) In relation to an offence committed before the coming into force of section 154(1) of the Criminal Justice Act 2003 (maximum sentence that may be imposed on summary conviction of offence triable either way) the reference in subsection (7)(a) to 12 months is to be read as a reference to 6 months.’
New clause 23—Advertising offensive weapons online—
‘(1) A person or company commits an offence when a website registered in their name is used to advertise, list or otherwise facilitate the sale of any weapon listed in Schedule 1 of the Criminal Justice Act 1988 (Offensive Weapons) Order (SI 1988/2019) or any offensive weapon capable of being disguised as something else.
(2) No offence is committed under this section if—
(a) the website removes the advertisement or list within 24 hours of the registered owner of the website being informed that the advertisement or list includes a weapon listed in Schedule 1 of the Criminal Justice Act 1988 (Offensive Weapons) Order (SI 1988/2019) or any offensive weapon capable of being disguised as something else.
(3) The registered owner of a website that is guilty of an offence under subsection (1) is liable—
(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, to a fine or to both;
(b) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, to a fine not exceeding level 5 on the standard scale.’
New clause 24—Enforcement—
‘(1) It shall be the duty of every authority to which subsection (4) applies to enforce within its area the provisions of Clauses 1, 3, 4, 17 and 20 of this Bill.
(2) An authority in England or Wales to which subsection (4) applies shall have the power to investigate and prosecute for an alleged contravention of any provision imposed by or under this section which was committed outside its area in any part of England and Wales.
(3) A district council in Northern Ireland shall have the power to investigate and prosecute for an alleged contravention of any provision imposed by or under this section which was committed outside its area in any part of Northern Ireland.
(4) The authorities to which this section applies are—
(a) in England, a county council, district council, London Borough Council, the Common Council of the City of London in its capacity as a local authority and the Council of the Isles of Scilly;
(b) in Wales, a county council or a county borough council;
(c) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(1);
(d) in Northern Ireland, any district council.
(5) In enforcing this section, an enforcement authority must act in a manner proportionate to the seriousness of the risk and shall take due account of the precautionary principle, and shall encourage and promote voluntary action by producers and distributors.
(6) Notwithstanding subsection (5), an enforcement authority may take any action under this section urgently and without first encouraging and promoting voluntary action if a product poses a serious risk.’
New clause 25—Investigatory powers for trading standards—
‘(1) Schedule 5 of the Consumer Rights Act 2015 is amended in accordance with subsection (2).
(2) In Part 2, paragraph 10, at end insert—
“section (Enforcement)”.’
This new clause is consequential on NC24
New clause 26—Aggravated offence of possessing a corrosive substance or dangerous knife—
‘(1) A person is guilty of an aggravated offence of possessing a corrosive substance in a public place if—
(a) they commit an offence under section 6 of this Act, and
(b) at the time of committing the offence, the offender was—
(i) the driver of a moped or motor bicycle, or
(ii) a passenger of a moped or motor bicycle.
(2) A person is guilty of an aggravated offence of possessing certain dangerous knives if—
(a) they commit an offence under section 1A of the Restrictions of Offensive Weapons Act 1959, as amended, and
(b) at the time of committing the offence, the offender was—
(i) the driver of a moped or motor bicycle, or
(ii) a passenger of a moped or motor bicycle.
(3) A person guilty of an aggravated offence under this section is liable—
(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding two years, to a fine or both;
(b) on summary conviction in Scotland, to imprisonment for a term not exceeding two years, to a fine or both.
(4) For the purposes of this section, “moped” and “motor bicycle” have the same meanings as in section 108 of the Road Traffic Act 1988.’
New clause 30—Review of the Act—
‘(1) The Secretary of State must, within one year of this Act receiving Royal Assent, appoint an independent person to conduct an annual review of the provisions contained in this Act and the effect those provisions have had on crimes involving offensive weapons.
(2) The review under section 1 must consider, but is not limited to—
(a) the impact the provisions on corrosive substances have had on crimes involving these substances, and whether these provisions are still adequate;
(b) the impact the provisions on firearms have had on crimes involving these weapons, and whether the provisions are still adequate;
(c) whether existing police funding is sufficient to ensure the adequate enforcement of the provisions of this Act and offences relating to offensive weapons; and
(d) anything else the Secretary of State, or independent person appointed to conduct the review, thinks appropriate.
(3) The annual review under section 1 must be laid before both Houses of Parliament.’
New clause 31—Amendments to the Crossbow Act 1987—
‘(1) The Crossbow Act 1987 is amended as follows.
(2) After section 1 insert—
“1A Requirement of crossbow certificate
(1) Subject to any exemption under this Act, it is an offence for a person to have in their possession, or to purchase or acquire, a crossbow to which this section applies without holding a crossbow certificate in force at the time, or otherwise than as authorised by such a certificate.
(2) It is an offence for a person to fail to comply with a condition subject to which a crossbow certificate is held by them.
(3) This section applies to crossbows with a draw weight of which is to be determined in regulations designated by the Home Secretary, following consultation with—
(a) the National Police Chiefs’ Council;
(b) any other person or body the Home Secretary may deem necessary.”
(3) After section 1A insert—
“1B Application for a crossbow certificate
(1) An application for the grant of a crossbow certificate must be made in the form prescribed by regulations issued by the Home Secretary to the chief officer of police for the area in which the applicant resides and shall state such particulars as may be required by the form.
(2) A crossbow certificate shall be granted where the chief officer of police is satisfied that—
(a) the applicant is fit to be entrusted with a crossbow to which section 1 of this Act applies and is not a person prohibited by this Act from possessing such a crossbow;
(b) that he has a good reason for having in his possession, or for purchasing or acquiring, the crossbow in respect of which the application is made; and
(c) in all the circumstances the applicant can be permitted to have the crossbow in his possession without danger to the public safety or to the peace.”
(3) In section 6 (punishments), in subsection 1, after “section 1” insert – “, or section 1A or section 1B”.
(4) After section 7 insert—
“7A Regulations
(1) A power to make regulations under this Act is exercisable by statutory instrument.
(2) Regulations under this Act may make provisions for the issuing of a crossbow certificate.
(3) A statutory instrument which contains regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.”’
Amendment 12, in clause 1, page 2, line 11, leave out “imprisonment for a term not exceeding 51 weeks” and insert “a community sentence”
This amendment, along with Amendment 13, would replace the custodial sentences for the new offence in Clause 1 (sale of corrosive products to persons under 18) with community sentences.
Amendment 13, page 2, line 14, leave out “imprisonment for a term not exceeding 6 months” and insert “a community sentence”
This amendment, along with Amendment 12, would replace the custodial sentences for the new offence in Clause 1 (sale of corrosive products to persons under 18) with community sentences.
Amendment 14, in clause 6, page 7, line 7, after “place” insert “with intent to cause injury”
This amendment would make it an offence to have a corrosive substance in a public place only with the intent to cause injury to someone.
Amendment 3, page 8, line 3, after “otherwise” insert
“and means any place other than premises occupied as a private dwelling (including any stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling).”
This amendment would extend the definition of public places in relation to England and Wales and Northern Ireland to include communal spaces within residential blocks.
Amendment 15, page 8, line 39, leave out clause 8
This amendment, along with Amendment 16, would remove mandatory custodial sentences for people convicted under the new offence in Clause 6 who have at least one previous relevant conviction.
Amendment 16, page 9, line 37, leave out clause 9
This amendment, along with Amendment 15, would remove mandatory custodial sentences for people convicted under the new offence in Clause 6 who have at least one previous relevant conviction.
Government amendment 56.
Amendment 8, in clause 17, page 16, line 41, at end insert—
“(ab) the seller is not a trusted trader of bladed products, and”
Amendment 9, page 17, line 3, at end insert—
‘(3A) The Secretary of State may by regulations determine the conditions of being designated a trusted trader of bladed products in England and Wales for the purposes of section 17(1)(ab).
(3B) Scottish Ministers may by regulations determine the conditions of being designated a trusted trader of bladed products in Scotland for the purposes of section 17(1)(ab).
(3C) The Department of Justice in Northern Ireland may by regulations determine the conditions of being designated a trusted trader of bladed products in Northern Ireland for the purposes of section 17(1)(ab).”
Amendment 1, in clause 18, page 17, line 44, at end insert—
‘(4A) It is a defence for a person charged with an offence under section 17 to prove that they reasonably believed that the buyer bought the bladed product for use for decorating purposes.”
Amendment 2, page 18, line 24, at end insert—
‘(10) For the purposes of this section a bladed product is used by a person for decorating purposes if and only if the product is only used to make improvements, enhancements or repairs to real property or personal property.”
Amendment 4, in clause 23, page 23, line 8, after “further education premises” insert
“and higher education provider premises”
Amendment 5, page 23, line 10, after “further education premises” insert
“and higher education provider premises”
Amendment 7, page 24, line 8, at end insert—
‘(7A) After subsection (6A) insert—
(6B) In this section “higher education provider” means an institution which provides higher education; “institution” includes any training provider (whether or not the training provider would otherwise be regarded as an institution); “higher education” means education provided by means of a higher education course; “higher education course” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988”.
Amendment 6, page 24, line 11, after “further education premises” insert
“and higher education provider premises”
Government amendments 57 to 61.
Amendment 22, in clause 25, page 26, line 41, leave out “the purpose only of participating in religious ceremonies” and insert “religious reasons only”
This amendment extends the defence to cover the possession of a ceremonial Sikh Kirpan for religious reasons on occasions other than religious ceremonies.
Amendment 17, page 28, line 28, leave out clause 28
This amendment, along with Amendments 18 and 19 would retain the current definition of risk for the existing offences in Section 1A of the Prevention of Crime Act 1953 and Section 139AA of the Criminal Justice Act 1988, and for the new offence in Clause 29.
Amendment 11, page 29, line 6, leave out clause 29
This amendment would mean that threatening with a knife anywhere would be an offence, not merely in a public place or school/further education premises.
Amendment 18, in clause 29, page 29, line 14, leave out “(“A”)”
This amendment, along with Amendments 17 and 19, would retain the current definition of risk for the existing offences in Section 1A of the Prevention of Crime Act 1953 and Section 139AA of the Criminal Justice Act 1988, and for the new offence in Clause 29.
Amendment 19, page 29, line 16, leave out from “that” to the end of line 18 and insert
“there is an immediate risk of serious physical harm to that person”
This amendment, along with Amendments 17 and 18, would retain the current definition of risk for the existing offences in Section 1A of the Prevention of Crime Act 1953 and Section 139AA of the Criminal Justice Act 1988, and for the new offence in Clause 29.
Amendment 10, in clause 39, page 35, line 34, after “section” insert “17(3B),”.
Government amendments 25, 62 and 63.
Let me start by saying how grateful I am to my hon. Friend for his new clauses and amendment. I know that he has raised this issue in the past, and, of course, he spoke very eloquently about it during our Second Reading debate on 27 June. There are offences available for the prosecution of a person who threatens someone with an offensive weapon in private, but those offences do not describe the criminality sufficiently, and do not attract the same penalties as those that are possible when the offence is committed in public. I have therefore been convinced by my hon. Friend that there is a gap in the law that should be filled.
Under new clause 16, it would be an offence for a person unlawfully and intentionally to threaten another person with a corrosive substance, a bladed or pointed article, or an offensive weapon in a way that poses an immediate risk of serious physical harm to that person. The offence will apply in any private place, which means anywhere other than a public place or school, or further education premises, where it is already an offence. In respect of a corrosive substance, a private place means anywhere other than a public place. The lawyers have been terribly exercised about that.
In relation to the issue of a private place, it will become an offence to threaten someone with a corrosive substance on educational premises, for example, a point raised under new clause 22 by the right hon. Member for East Ham (Stephen Timms). This provides for a maximum penalty of four years, in line with the maximum penalty for the public offence and considerably more than the current six-month maximum for a threat that amounts to common assault, which is the offence that may be charged currently.
The Government amendment would avoid householders having to justify owning their kitchen knives—again that demonstrates the balancing exercise we have had to do in this Bill. It targets the criminality that my hon. Friend the Member for Shipley wants to address while denying my fellow lawyers the chance to argue about possessing domestic implements, a sentiment I know my hon. Friend will endorse. New clause 17 will provide the necessary powers to enter and search for a corrosive substance on school and further education premises in support of the new offence.
Government amendment 25 simply sets the extent of the new offence as England and Wales, but I know my hon. Friend and others are keen to ensure that householders who have to defend themselves against burglars are not caught inadvertently by this new offence. That is not the intention of the Government, or I suspect the House, if this new offence is passed. The new offence is designed to capture perpetrators who have no recourse to the well-established defences of self-defence, defence of another and defence of property.
I hope that this new offence will attract widespread support across the Chamber. It recognises that some threats in private can be very serious indeed. I will therefore ask my hon. Friend the Member for Shipley not to press his amendments and I commend to the House new clauses 16 and 17 and amendment 25.
Government amendments 56, 62 and 63 are minor amendments and have been included at the request of the Scottish Government. It is fair to say, as I said in Committee, that my officials have had a good working relationship with the Scottish Government on this Bill. These new amendments are intended to facilitate the operation of the new offences within the Scottish legal system. Under the Criminal Procedure (Scotland) Act 1995 provision is made for matters of routine evidence in criminal proceedings. These provisions operate so as to allow to be admitted into evidence certain routine matters by virtue of a certificate provided by an authorised expert. That means that if the accused person does not provide at least seven days’ notice of an intent to challenge the evidence prior to trial it is admitted without any further proof being necessary. Given that many prosecutions in this area may be at summary court level, requiring expert testimony in these cases as a matter of course would be unduly expensive, so these amendments will ensure that the new corrosive offences included in the Bill are subject to the existing matters of routine evidence provisions.
Amendments 57 and 58 will limit the new offence of possession of an offensive weapon in section 141(1A) of the Criminal Justice Act 1988 to possession “in private”. That is to prevent overlap with existing offences. In shorthand, the aim of clause 24 is to prohibit the possession in private of offensive weapons as defined by section 141 of the Criminal Justice Act 1988—for example, zombie knives. Amendments 57 and 58 clarify this to mean in private, because it is already against the law to possess any bladed article—which is obviously wider than the definition of offensive weapons—under section 139 of the 1988 Act.
The approach that we have taken to the new possession offence in the Bill is to mirror the defences that already applied to the manufacture, importation, sale and general supply of curved swords. The burden of proof for the defences that apply to the current legislation for manufacture and so on is to show that the defence applies. Therefore the burden of proof for the defences provided for the new possession offence in the Bill will also be to show that the defence applies. However, the burden of proof for the defence in relation to possession of an article with a blade in public is to prove, which is a higher burden, so to avoid inconsistency we are limiting the new possession offence in the Bill to places other than a public place. In this way, we will continue to rely on existing legislation for possession in public, and the new possession offence in the Bill will apply only in private.
I shall turn now to amendments 59 and 61, and to the Opposition’s amendment 22. Amendments 59 to 61 clarify the wording of clause 25 so as to include “religious reasons”, rather than “religious ceremonies”. I am grateful to the hon. Member for Birmingham, Edgbaston, the right hon. Member for Wolverhampton South East (Mr McFadden) and my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), who tabled amendment 22 and worked with me and my officials to get the law into a better place. This included facilitating discussions with representatives of the Sikh Federation last week, and it was a pleasure to meet them. We can now ensure that the Bill does not inadvertently prohibit the possession and supply of kirpans as part of the observance of the Sikh faith.
As the Government have tabled amendments 59 to 61, I hope that the hon. Member for Birmingham, Edgbaston will not press amendment 22.
The Sentencing Council has set out, in its definitive guideline on assault offences, that it is an “aggravating factor” for an offence to be committed against those who are either working in the public sector or providing a service to the public, and an offence against either group could result in a more severe sentence within the statutory maximum for the offence—and that includes retail and shop staff.
However, there is more to this than the shape of the legislation, as I am sure the right hon. Gentleman would agree. That is why, in October 2017, the National Police Chiefs Council—with the support of Home Office funding—launched the national business crime centre, a repository for good practice, standards and guidance for all business nationally. It also acts as a national alert and data feed service, to enable businesses to have more information regarding crime in their local area.
The right hon. Member for Delyn (David Hanson) is assiduous in his parliamentary questions to me about retail crime, but if hon. Members have concerns that retailers and retail staff in their local area are not being looked after, I encourage them to take it up with their police and crime commissioner, because it really is their decision as to how local resources are prioritised.
On the point about serious violence more generally, the hon. Lady will know that we published the serious violence strategy in April. It has marked a step change in how we tackle serious violence, because we acknowledge that serious violence is no longer restricted to our large urban centres and is spreading out across the country, particularly with the rise of county lines. She will know that one of the drivers behind this rise in serious violence is drugs—the drug markets. A great deal of work is being done just on that one stream to tackle that.
For example, a couple of weeks ago we held an international conference, drawing together law enforcement and public health officials from across the world to talk about the rise in serious violence, because this is happening not only in the UK, but in other countries. From that conference, which I was able to attend, although sadly just for a little while, we could see the lessons that we can learn from other policing experts across the world and from public health officials. That is also why the Home Secretary has announced recently that we are looking into a consultation on making tackling serious violence a public health duty for local authorities—all arms of the state. That goes further than the models in Scotland and in Wales, which are often rightly cited as good examples, because we want to look into whether having a public duty will help with the sharing of information and the working together. Those of us who served on the Public Bill Committee and those of us who take a particular interest in this topic know that these things do not always work as well as they should.
On county lines, the hon. Lady will know that we have announced the launch of the national co-ordination centre. It brings law enforcement together because, frankly, law enforcement has not been sharing information as well as it could throughout the country on the movement of these gangs of criminals, who exploit the distances between the major urban centres and rural and coastal areas, knowing that constabulary boundaries sometimes get in the way. The national co-ordination centre was launched in September and had an extraordinary week of action in which something like 500 arrests were made. If have got that figure wrong, I am sure I will be able to correct it in due course.
It is important to note that the co-ordination centre brings together not only law enforcement officials but those involved in looking after children—local authorities—because we know that the most vulnerable children have been targeted as they are attending pupil referral units or while they are living in care homes. We need to ensure that when the police go in and do a raid, we have social services there to pick up the children and start caring for them, to avoid their being re-trafficked. Indeed, I hope the fact that so many cases are now being prosecuted not only in the traditional manner, for conspiracy to supply class As, but using the Modern Slavery Act 2015, brings real stigma to those gangs that bizarrely and extraordinarily think that it is somehow okay to exploit children.
Let me turn to new clause 5, which deals with an important area that colleagues across the House have expressed interest in.
New clause 5 concerns the secure display of bladed products. The hon. Member for Sheffield, Heeley, who tabled it, knows that I have taken great interest in this area. We have looked carefully at whether prohibition as set out in the new clause would address the concerns that she and others have rightly raised. Our concern is that the prohibition is a blanket requirement. I have looked into whether there are ways that we could make it more targeted, so that councils with a particular problem with knife crime can lay an order covering the display of bladed products in shops in their locality. What we are doing—not what we would like to do, but what we are in the process of doing—is encouraging much stronger voluntary action by retailers to take more robust measures on displays using a risk-based approach.
We do not currently have evidence of the rate of shoplifting of knives by young people who go on to use them in crimes. That is part of the problem. As a first step, my officials are working with retailers to come up with a much stronger voluntary response, which we know retailers are responding to well, because, in fairness, the voluntary commitments have been working well.
I hope and believe that the Bill addresses the concerns that have been raised about the sale and delivery of corrosive products, the possession of corrosive substances, the sale and delivery of knives and so on. I will listen with interest during the rest of this debate because hon. Members have tabled several interesting amendments. I hope that I have answered their concerns with regard to the amendments and new clauses I have spoken on thus far, but I may seek to address one or two amendments at a later stage if there are particular questions they would like me to answer.
The key question for this House is: what about the people who are at the frontline in upholding the law through enforcing this legislation? Under this Bill, in the case of refusal to sell corrosive products and knives, it will not be the police or the security services, police community support officers or police and crime commissioners, or the local council or trading standards who are at the frontline in upholding the legislation that we hope the House will pass this evening. It will be the individual shop staff—often alone; often, perhaps, not much older than some of the people who are trying to buy these products—who are at the frontline of that challenge.
Let us just picture for a moment a large, 24-hour supermarket open at 2 or 3 o’clock in the morning with a shop assistant at the front counter refusing to make a sale of a corrosive product or a knife, upholding the legislation that the Minister proposes. Imagine for a moment a small, open-all-hours shop refusing to sell these products, or a DIY store on a Saturday afternoon refusing to sell at that frontline. When that member of staff says no, they say no on behalf of us all in upholding this legislation.
The simple measure that I have brought before the House would strengthen the Bill to give those people some protection. It would tell them what their rights are in upholding this legislation and what defences we are giving to them.
The retailers we have all met in the past few weeks as part of the “Freedom from Fear” campaign are doing their bit. They are installing CCTV and putting security measures in place. I visited the Co-op in Leeswood in my constituency, where staff have handsets and headphones so that they can communicate, and individuals are being banned from stores. It knows that it has a duty of care for its staff. All I am asking is that the Government recognise they have a duty of care also.
The Union of Shop, Distributive and Allied Workers, of which I am a proud member and which—I declare an interest—gives some support to my constituency party, supports my new clause. The Co-op party, the co-op movement, the Association of Convenience Stores, the British Retail Consortium and the National Federation of Retail Newsagents all support the new clause publicly and visibly because they recognise that they have a duty of care to their staff.
This matters because, in the past 10 years, we have seen a rise in the incidence of assaults on and threatening behaviour towards retail staff. An USDAW survey showed last year that 66% of staff have reported verbal abuse, and the number who reported threats of physical violence increased to 42% in the past year alone.
The British Retail Consortium and the Association of Convenience Stores have identified violence to staff as the most significant risk in the sector. The National Federation of Retail Newsagents has published research showing that there are 2,300 incidents daily among its members. The Association of Convenience Stores has said that enforcing the law on age-restricted sales is one of the biggest triggers of abuse against people working in convenience stores. The British Retail Consortium has said that age verification checks are one of the key triggers for attacks. USDAW has said that shop workers are on the frontline of helping to keep our community safe, so their role should be valued and they deserve our respect. The Co-op and police and crime commissioners such as Paddy Tipping in Nottingham have said the same.
If the Minister can agree to this new clause or take it away and look at the general principle with the National Police Chiefs Council, she will be standing shoulder to shoulder with every member of staff who is upholding the law. She will be saying that she is with them and protecting them. She should do the right thing. The 15,000 members of the National Federation of Retail Newsagents want this new clause. The British Retail Consortium, representing 70% of retail trade, wants this new clause. The Association of Convenience Stores, representing 33,000 stores, wants this. The Co-op group wants it. The Co-op party wants it, and the USDAW trade union wants it. It seems that the only person who does not is the Minister. I know that she is concerned about this issue. I ask her to reflect upon it, to support this new clause and to work with those bodies to come to a solution that protects retail staff who are enforcing the legislation that this House has enacted.
A few weeks ago, I was invited to speak to a group of 16 to 18-year-olds in my constituency. Colleagues will know that that can sometimes be quite a challenging group of constituents to please. When I told them that one of the things we were working on in Westminster was a new law that would make it so much more challenging to buy and sell dangerous knives—zombie knives and the like—on the internet, they stood up and clapped, because it is so near the top of their list of concerns and of their agenda for how to keep themselves safe when they are out on the streets. They have been shocked, as we all have been shocked, by the rise in violent crime across the country. When violent crime increases, it is, unfortunately, very often our young people who suffer. I believe that it is the first job of politicians to try to keep our constituents safe, and that is why I welcome the Bill.
We have discussed the sale of knives online, stopping them being sent to residential addresses, and if they are legal sales—in other words, sales of a permitted bladed article to someone over the age of 18—making sure that those who receive them provide identification. I welcome the parts of the Bill that make it illegal to possess the most offensive weapons in private as well as in public, including zombie knives and knuckledusters. New clause 16, moved today, will make the offence of threatening with an offensive weapon in a private place part of the Bill. This new offence of making it unlawful to have offensive weapons in private means that, when the police find a zombie knife in a private place or someone’s home—as members of Chelmsford police have—they can arrest and charge the owner with the proposed offence and remove the weapon from the owner.
I am extremely pleased that the Bill extends the current offence of possessing such bladed articles or offensive weapons on school premises to cover all further education premises in England and Wales as well as schools. As I have said, it is this group of 16 to 18-year-olds in my constituency who have campaigned very hard since my election for stronger laws against this type of crime and for stronger action against this type of weapon.
In Essex, we have the highest number of violent incidents relating to urban street gangs and county lines in the whole of the east of England, but we have a police and crime commissioner who is committed to reducing that. While violent crime across the country has increased by 12%, the police and crime commissioner in my own county—the police, fire and crime commissioner; she has now taken on the fire commissioner role as well—told us just last Friday night that it has increased by 3% to 4% in Essex. That is lower than the national rise, but it is still increasing.
Thanks to Ministers listening to the pleas from Essex police, we will now have 150 additional police officers on the streets in Essex, because we have been able to increase the police precept. Essex MPs were united in asking for the increase in the police precept. I am sure the Minister will be very glad to hear that a whole tranche of those new Essex police officers will hold their passing-out parade on Friday afternoon. We are very proud to see that decision actually turning into reality.
At the end of the summer, I spent a day and a night on patrol with my local police. While I have the Minister’s attention, I will mention some other items that I would like her to consider. The officers in my district alone did 172 stop and searches last month. They said that the power to stop and search is vital for tackling county lines and getting on top of the increase in violent crime. Stop and searches quite often result in the seizure of offensive weapons, such as the ones we have been discussing.
There is particular concern about vulnerable young people being targeted by gangs and used as drugs mules. The police have asked me to draw this to the Minister’s attention. Sometimes the police, the youth offending programmes and the Crown Prosecution Service will decide to put a curfew on a young person to safeguard them, because the gangs will be unable to exploit them by asking them to go out at night and get involved in violent crime, which is linked to the violent weapons we are discussing today. Of course the young person—we are talking about 14-year-olds—will not say publicly that they want the curfew, but they know that it will protect them. However, when the case gets to court, the magistrate has decided on occasion to overturn the curfew because they think the young person has human rights and should be allowed out after 10 o’clock at night. There does not seem to be a process that allows the police, the youth offending programmes and the CPS to pass that intelligence on to the magistrate before sentencing, so how can we improve the dialogue to ensure that all the information is taken into consideration to safeguard these vulnerable young people?
In the Women and Equalities Committee, we have been looking at sexual harassment, especially in public places and at night. One of our report’s recommendations is to encourage more parts of the country to consider purple flag schemes for busy city centres. In my constituency, we are very proud of our purple flag team, who recently won the national award for best Pubwatch scheme. The scheme brings together pub and nightclub owners. My constituency has a very busy nightlife. Indeed, I spent the Saturday before last following the bouncers in five different nightclubs to see the work they do.
Most of those clubs run a scheme that allows absolutely no drugs and has strong co-ordination so that anyone suspected of being involved in drugs or violence is banned, and the ban goes across all the pubs and clubs in the scheme. It has resulted in a 35% drop in night-time violence. It is hugely innovative. The scheme has also introduced acid attack kits to ensure that all those working in the clubs can take swift action if someone is attacked with acid. That is a very innovative, and it has definitely meant that those visiting the clubs and the club owners feel much better prepared.
On a recent visit to my local mosque, I was very taken by the fact that the young people, both boys and girls, were telling me how concerned they were by the rise in acid attacks. I am absolutely delighted that the Bill introduces additional restrictions on carrying dangerous corrosive products. The young people I spoke to, both in schools and in the mosque, were absolutely delighted to hear about this piece of work. New clause 17, which will allow searches for such corrosive substances in schools or further education premises, will also help. I am therefore delighted to support the Bill, which I believe is a very important step forward in reassuring our young people and keeping them safe.
My point refers specifically to an online decorating business in my constituency, which expressed deep concerns that the proposed legislation could potentially force them out of business. My constituent estimates that were the Bill to be enacted as it stands, he would lose approximately £32,000 per year. That is probably enough to destroy a small business. He currently sells a number of bladed decorating tools, including bladed paint scrapers, craft knives, safety knives and utility blades—all very niche tools for the DIY trade. These items are delivered to residential addresses and so the provisions under clause 17 could potentially make a significant part of his trade illegal.
There could also be a wider impact on the rest of his business. As customers often purchase those items with other decorating materials such as wallpaper and paint, my constituent is concerned that if people are forced to visit decorating stores to buy a single tool, such as a scraper or a knife, they will buy all their decorating materials and bladed items there in one go. That would have a huge impact on his business.
In response to my question earlier, the Minister responded that the simple difference would be that people would just have to go to a post office to sign for these goods. In areas like mine, people often travel as far as six or eight miles to get to the nearest post office. That is a long way, so why would they not go to the nearest B&Q or other big store to buy all their DIY needs? We are driving out small online businesses who have struggled to get themselves up and running. They are losing out yet again to major stores, because we are making their customers’ lives more difficult.
My constituent is just one example of many small and medium-sized businesses across the country that could be inadvertently affected by the Bill. Small businesses are the lifeblood of our economy and local communities, and we will all be celebrating them this weekend. I am sure the Government did not intend for the Bill to unjustly penalise online retailers and I am sure this is just an oversight in the drafting. The proposed legislation already makes very specific exemptions on bladed items for activities such as sporting or re-enactment. It would therefore not be unreasonable to extend that flexibility to decorating items which similarly support a genuine public purpose and are used regularly by law-abiding citizens.
I would also like to speak in support of amendments 8 and 9, tabled in the name of my hon. Friend the Member for Sheffield Central (Paul Blomfield), which seek to address the same problem. There will obviously be a number of other businesses—we have already heard today about the importance of Sheffield steel and Sheffield knives—affected by the poor drafting of the Bill, including in the catering and the arts and crafts industries. The amendments would create a trusted trader status entitling qualifying businesses to sell bladed products to residential premises, creating another means of protecting such legitimate businesses. As long as there was not a resulting excessive administrative burden or unnecessary delays to trading while registering, the trusted trader approach could be an effective means to ensure a satisfactory balance between necessary restrictions on the sale of blades to those who intend to use them as weapons, and ensuring legitimate businesses can continue to operate.
The Minister raised the point about overburdensome regulation in opposition to the amendments. Again, she is already asking people to send their customers to the post office, so that we try to make sure that they are not selling to those under the age of 18. We are already putting such restrictions on people. I do not think it is that burdensome to ask someone to register as a trusted trader, which is a positive thing for them to sign up to and would enhance, not jeopardise, their businesses.
I hope that the Government will look again at the amendments and recognise that there is, I am afraid, a serious flaw in the drafting of the Bill. I hope that they will work with the Opposition to amend the Bill as it continues its passage through the House, while engaging fully with the retailers and others affected. Otherwise, I am afraid that the Bill as it stands will have a disastrous effect on many of our hard-working small businesses, which are the lifeblood of economies such as mine.
I want to speak about new clauses 5 and 26. I am conscious that the hon. Member for Hampstead and Kilburn (Tulip Siddiq) has not yet spoken, so I will leave time for her to do so. Generally, I am very supportive of the Bill, and I am very concerned that the number of offences of violence against the person recorded by the police in 2017 was 21% higher than in 2016. That demonstrates the need for more to be done across the House to support the police. There was also the highest level of offences involving knives or sharp instruments since 2011, so we clearly have a problem. This should not be a party political issue; it should be for all of us as constituency MPs to work together to deliver a solution. That certainly came through to me last night, when I was due to be meeting a friend—not just a friend to me, but to many in this place—who works for Save the Children and who I went to the Syrian border with. She did not turn up to the meeting that we were due to have because she was attacked and mugged by somebody carrying a large knife. She is well known to us all, so this is going on in our communities.
Let me deal with new clause 5. I am indebted to the Minister, who is not in her place, but we spoke at length this morning. When I look through the clause, which was tabled by the shadow police Minister, the hon. Member for Sheffield, Heeley (Louise Haigh), it is very difficult to see anything in it that I would not agree with. I can see that the issue may be the impact that it could have on small businesses. However, if I wished to harm myself by going into a shop and buying a packet of cigarettes, those cigarettes would be behind a counter locked in a cabinet, often in very small premises, yet if I wished to harm somebody else, I could go into a shop and pick up a bladed article to do that. Of course, the issue is with regard to shoplifting. Although I absolutely agree with the need to support small businesses and be proportionate, I say to the Minister, through the Front Benchers who are here now, that if we find out from a review over a period of months that we still have difficulties with knives, and that the measures taken on internet restrictions and delivery to addresses have not dealt with this matter, the new clause will need to be looked at again. I therefore ask those on the Front Bench, in return for me supporting their position and the Bill overall—notwithstanding that I think the new clause is excellent—to ensure that we see the new clause again if it is absolutely demonstrated to be necessary.
When I was speaking to the Minister, I had the feeling that we were looking for other solutions, because if we compare the scenario in south London, where knife crime is prevalent, with my constituency, where it is not as prevalent, we see that a one-size-fits-all ban across every single shop may not be proportionate. However, we do have public spaces protection orders, which were brought in to allow local authorities to put orders in place to prohibit certain behaviour relevant perhaps just to that community. Such an order can be applied for if the activities are being carried out in a public space within an authority’s area and those activities have a detrimental effect on the quality of life of those in the locality and are likely to be persistent, unreasonable and justify such a restriction—so, something as crucial as knife crime should fit within that.
I understand from the Minister, who is back in her place, that the difficulty is that the definition of “public space” would not include a shop. I am sure that that has been tested legally. I was trying to find the research, and in the short time I had I could not do so, but I did notice that the US definition would actually include a shop because, in effect, it only precludes areas relevant to a private gathering or other personal purposes. I understand that a “public space” would tend to be open, but I would ask if lawyers could reconsider whether that is relevant and, if it is, whether local authorities in areas where knife crime is prevalent should be able to apply for such orders. That would have the same effect as the new clause.
New clause 26 is another clause against which it is difficult to argue. Moped usage as an aggravated feature is absolutely an issue, particularly, as I understand it, in the constituency of the hon. Member for Hampstead and Kilburn (Tulip Siddiq). I am sure the counter view is that the courts will always look at certain matters, including matters prevalent in their own localities, and make an example, and they already have the powers to do that, but if it turns out that the Bill does not reduce that prevalence and that the courts are not targeting in the way that I have described, I would again ask the Government to reconsider the new clause after a period of months and adopt its provisions.
Finally, in case it sounds like I am standing up as an Opposition Member, I would take issue with the point made by the shadow Home Secretary, who has taken her place now, about the police causing moped riders to come off their mopeds before a serious crime takes place. I recognise that, as she says, it is potentially very dangerous—I agree that it should not be legal for anyone and that the police are not above the law—but we are seeing a horrendous increase in the number of crimes involving these machines, and it is absolutely right that the police should intervene to stop the ultimate action that these individuals seek to achieve.
The hon. Member for Bexhill and Battle (Huw Merriman) was very kind in offering his support to new clause 5, which would introduce a simple prohibition on the display of bladed products in shops. The new clause is the result of a huge amount of work led by my hon. Friend the Member for Lewisham, Deptford (Vicky Foxcroft), who is chair of the cross-party Youth Violence Commission. One of her most important recommendations was the prohibition of knife displays in shops, a matter that was discussed when experts gave evidence to the Committee. The Union of Shop, Distributive and Allied Workers said that it would be helpful to put knives behind displays in shops. A representative said:
“Obviously, now big retailers are increasingly going down the route of making it more difficult for customers to get their hands on the product until they have been age-checked and the transaction is safe. The problem with it, of course, is that all sorts of bladed things are being sold and it is about where you draw the line.”––[Official Report, Offensive Weapons Public Bill Committee, 19 July 2018; c. 98, Q239.]
Obviously we want retailers to check people’s ages properly when they seek to purchase knives, but the fact of the matter is that many young people who want to access knives will go into shops and steal them if they are readily available. Ultimately, there is little point in having the provisions in the Bill, and putting all the restrictions and burdens on online retailers, if we are not asking face-to-face retailers to abide by the same regulations.
There are a number of restrictions under the law relating to other products—most obviously, the extremely restricted provisions relating to the sale of tobacco, which prohibit the display of tobacco products except to people over the age of 18. The Tobacco Advertising and Promotion Act 2002 specifically refers to under-18s, so the principle already exists in law. New clause 5 simply transposes to knives the already sufficient and proportionate response to tobacco. As the hon. Member for Bexhill and Battle said, if we walk into a shop and buy cigarettes with which to kill ourselves, they will be behind locked cabinets. A young person, or any person, who walks into a shop and steals a knife in order to kill another person is free to do so: as things stand, the knives are not even behind locked cabinets. We see no reason why that should not be extended to bladed products. Given that the Government are so committed to clamping down on online sales, we hope they recognise that face-to-face sales are a clear issue that needs further consideration.
While we are on the topic of restricting the supply of knives, let me turn briefly to the amendments tabled by my hon. Friend the Member for Sheffield Central. The clause to which they relate was debated extensively in Committee. We fully support the Government’s intention, but are worried that the clause may punish businesses while having little impact on the ultimate aim—to reduce violence.
I remain baffled as to why the Home Office has not simply put strict age verification controls on the sale of knives online, as it does, for example, with gambling, but instead has chosen to punish the online sales industry and traders such as those mentioned by my hon. Friend the Member for Redcar. My hon. Friend’s amendments are very reasonable compromises, put forward by the very businesses that the Minister claims have complained that they are too bureaucratic. I fear that the clause has not been thought through sufficiently, and will have untold consequences.
New clause 1 was tabled by my right hon. Friend the Member for Delyn, whom I congratulate on his incredible, impassioned speech and the fantastic campaign that he has mounted. We have made clear from the outset that we are prepared to support amendments to protect shop workers. In Committee, we heard powerful evidence from USDAW and the British Retail Consortium about the increase in the number of attacks on shop workers as a result of restricted sales, and we wholeheartedly support any measure that which will improve their protection. I congratulate USDAW on its brilliant campaign.
Let me now deal with new clause 31. The death of a pregnant woman, Sana Muhammad, just a few short weeks ago in the constituency of my hon. Friend the Member for Ilford North (Wes Streeting) has, in his words,
“shocked people…to the core.”—[Official Report, 14 November 2018; Vol. 649, c. 310.]
She was attacked in front of her five children by a man with a crossbow, and was tragically pronounced dead a short while afterwards. That tragic case has brought to light, once again, the remarkably weak controls on crossbows, which have lethal effects. It is incumbent on us as a Parliament to decide whether we are comfortable with circumstances in which a lethal weapon is freely available to anyone over the age of 18, with no licensing restrictions at all.
There have been many tragic and disturbing incidents involving crossbows, and the law as it exists has developed only incrementally. Our new clause would create a licensing system. That is not a step that any Parliament should take lightly, but we believe that it has the potential to remove the unregulated sale and possession of some of the most lethal crossbows, while also ensuring that the law-abiding community who use crossbows for sporting purposes are still able to carry out their legitimate pursuit. The clause also creates safeguards which allow further consideration of the power under which a crossbow would become subject to licensing provisions, allowing the Secretary of State to make regulations determining the appropriate draw weight.
Our new clause 6 calls for a report on the causes behind youth violence, a topic that is not discussed much in the entire debate around offensive weapons. The new clause goes to the heart of our issues with the Bill and the Government’s seriously weak serious violence strategy. The strategy was published only in April yet we have already seen a U-turn from the Home Secretary, finally agreeing that the public health model must be adopted and that agencies need to be working better to tackle violence. We have been telling the Government all of this for at least the last year, so we are pleased to see progress, but we are alarmed that the strategy is so desperately short on detail. Members hear almost every day from constituents about the levels of crime and the cuts to policing in our constituencies.
The police service is at risk of becoming almost unrecognisable to the public and irrelevant according to the Home Affairs Committee. “Panorama” reported recently that up to half of crimes are being “screened out” by some forces, meaning they get no investigation at all. This is just the latest indication of a police service creaking under the strain of soaring demand after eight years of austerity. When crimes are not being investigated, deterrence reduces and crime rises further still. It is a vicious circle and one the present Government have locked us into with little recognition of their role in it.
Axing the police was a political choice that has done incalculable harm to our communities, and it is a choice that I suspect many Conservative MPs who voted for swingeing cuts privately regret.
New clause 6 would release the Home Office evidence—that we know exists, thanks to leaks—to public scrutiny. We know that Home Office officials believe that the reduction in police numbers has led to a reduction in so-called hotspotting and to an increase in violent crime.
But of course this is not just about police numbers; we need a wholesale review of the impact of the Government’s austerity agenda on the vital safety nets that keep our communities safe and the consequent impact on rising crime levels. The now famous example of where we have seen a successful approach is on our doorstep in Scotland, where a 20-year strategic approach was taken to reducing youth violence. That is what is required, as opposed to the Government’s strategy, which uses the rhetoric of early intervention and prevention but represents at most a three-year strategy.
The amendments in my name and those of my hon. Friends seek to strengthen and improve the weak legislation before us today. They seek an evidence-based response to the long-term trend in violence that we are witnessing as a result of this Government’s austerity agenda. We hope the Government will accept that much more needs to be done if we are to prevent any more young lives from being needlessly taken and will accept the amendments in our name.
Some Members have already referred to the Metropolitan police video that went viral showing officers tactically nudging criminals off their bikes in the height of chase. Regardless of whether people support that police strategy, the strength of feeling on this matter is demonstrated by the fact that the video was retweeted thousands of times and appeared on the front pages of the papers. That is because so many people have been, or know someone who has been, a victim of crimes committed by people on mopeds.
Criminals use mopeds because of the element of surprise it gives when attacking the victim, the victim’s helplessness when hit by someone on a moped, and the speed at which the criminal can get away, which makes it particularly effective for theft. Constituents in Hampstead and Kilburn have told me that they are now scared to walk down the street either talking on their phone or showing any of their possessions because they fear someone on a moped snatching those items away. I speak today to give those people a voice and to speak up on behalf of those who believe that the existing legislation to deal with such crimes is no longer sufficient.
My hon. Friend the Member for Croydon Central (Sarah Jones) has done an enormous amount of work on knife crime in her constituency, and she spoke of a couple who had been out walking with their seven-year-old daughter when two people wearing masks and on mopeds came up to them and held a knife to the neck of the daughter. I am sure that Members will understand how frightening and scary that must have been for the family. I am pleased to say that the Minister, who is not in her place, supported the sentiment behind my amendment. She spoke about the short-term and long-term effects of moped crime and acknowledged that their presence in attacks using corrosive substances was a “worryingly frequent occurrence”. However, the Government voted down my amendment, which has paved the way for my new clause today.
New clause 26 seeks to introduce an aggravated offence of possessing a corrosive substance or dangerous knife. A person would be guilty under the new clause if they committed an offence under clause 6 while driving a moped or while a passenger on a moped. If found guilty, offenders would be liable to imprisonment for a term not exceeding two years, or to a fine, or to both. The liability would be the same for England, Wales and Scotland. I know from the Minister’s feedback to the Committee that she was concerned that my amendment was restrictive, which is why I have reflected on it and returned with a new clause that will instead legislate for moped-enabled acid possession to be an aggravated form of the basic offence, rather than being treated as an aggravating factor when sentencing for the basic offence. In other words, new clause 26 addresses the serious specific circumstances that are unique to moped crimes while leaving the sentencing to the discretion of the court.
I should like to remind the Minister and Conservative Members that there is a clear precedent for taking this route. Under section 12 of the Theft Act 1968, taking a vehicle without consent carries a maximum sentence of six months. The aggravated offence under section 12A of that Act—driving the taken vehicle in a dangerous manner—carries a maximum sentence of two years. Let us also remember the campaign of my hon. Friend the Member for Rhondda (Chris Bryant). Common assault under section 39 of the Criminal Justice Act 1988 carries a sentence of six months. An assault under section 1 of his Assaults on Emergency Workers (Offences) Act 2018 carries a maximum sentence of 12 months. Members from across the House have told me that they are sick to death of moped crime in their constituencies and the misery that it creates for people living there. They are looking for further deterrents, and my new clause provides an opportunity that I hope we can all get behind.
Beyond looking at the precedents involved, I urge the Government to support my new clause today, because moped crimes are far too numerous for us to be content with the current strategy. Innovative action from the police—whether the spray-tagging of mopeds or tactical collisions—has led to a not insignificant fall in moped crime, but the problem still exists. In June last year alone, Camden suffered 1,363 moped crimes. In 2017, the Metropolitan police reported that 24% of their pursuits involved officers chasing mopeds or scooters. This year, the figure rose to 40%.
I quote one constituent from Hampstead Town, who said:
suffered attempted muggings
Such stories are common across all the forums in my constituency, especially among young mothers, who when pushing their prams are particularly worried about being attacked from the back, because they are keeping an eye on their child but also trying to keep an eye on their possessions.
In Committee the Minister rightly argued against complacency, but objected to my amendment, saying that,
That surely is not a reason to vote down new clause 26; it is a reason to accept my measure and look at expanding the scope.
In addition, conviction rates are unacceptably low. In 2017-18, detection rates for offences resolved through a sanction stood at just 2.6%, which means that more than 97% of moped criminals escaped justice in just that year. That is appalling and unjust.
Moped crime is also costly. As the Minister said in Committee,
on livelihoods. I urge Members to read the testimony of my right hon. Friend the Member for East Ham, who spoke about the economic impact on delivery people, and the impact on their livelihood when they are hit by moped crime. It should give us all pause for thought as to whether the current strategy is really working, or whether we should be doing something about the current strategy to ensure that we are not all hit by moped crime over and over again.
Of course the Metropolitan police are entitled to celebrate its considerable successes when it reduces any form of crime by a significant degree, but I am sure that Metropolitan police officers and all constituents would say there is a lot more that we can do, and that greater deterrents for moped criminals would be welcome.
My new clause seeks to provide a remedy to that problem. The Minister’s rhetoric on moped crime is welcome, but we need to ensure that our legislation actually reflects the unique fears and threats that moped criminals represent to the public. Viral videos will not deter future moped criminals from instilling fear in my constituents, but tougher approaches to the offence may just do that. That is why I commend new clause 26, and hope that Ministers and Tory Members will see fit to support it.
The provisions in the Bill in relation to corrosive substances and knives are also largely welcomed on the SNP Benches, but I do not think anyone is arguing that the new provisions will transform or revolutionise the fight against knife crime or acid attacks; they can merely play a part in reducing the number of lives affected.
There has been close working between the UK and Scottish Governments, including on amendment 56, which the Minister highlighted. Many of the other amendments in the group would not extend to Scotland, or do not seem intended to do so, so we would argue that further changes to the criminal law of Scotland should be left to that Parliament and I shall speak only to one or two of the amendments tabled.
I welcome the changes to the defence relating to possession of swords for religious ceremonies. We congratulate all involved in tabling and supporting amendment 22 and we welcome the Government response, which we trust will ensure that the new offence of possessing certain particularly offensive weapons catches only those who it is really aimed at, not those involved in religious ceremonies.
It is important to speak about new clauses 1 and 14. We agree absolutely that they flag up a serious problem that must be addressed, and it is good that it has been highlighted today. In Committee, we heard evidence about the growing problems faced by shop workers and the increasing number of thefts and attacks that they face. As part of the recent Respect for Shopworkers Week and USDAW’s Freedom from Fear campaign—like other Members, I suspect—I visited a local Co-op store to hear about the challenges faced there and the steps needed to help support shop workers. I totally agree that the problem must be tackled.
A private Member’s Bill is being finalised for tabling in the Scottish Parliament in relation to the protection of shop workers, having attracted the requisite cross-party support. The Scottish Government have said that they have an open mind on whether they would support such a Bill. The proposals contained in the Bill consultation for new offences cover not just shop workers selling age-restricted goods, but bar staff, and indeed door staff. I appreciate that those tabling the amendments before us today have been restricted by the scope of the Bill before us, but as the consultation in the Scottish Parliament pointed out, age restrictions on tobacco and alcohol are almost certainly the most common flashpoints, and if we are to take a legislative approach, I would argue that ideally that would need to cover such sales, too, rather than simply corrosive substances and knives. In short, although I sympathise with the arguments that have been made today, I leave it to the Scottish Parliament to decide the issue holistically in respect of that offence in Scotland.
I will not further delay the House by talking about other amendments with which I sympathise but that relate to devolved matters. New clause 6, which would give rise to a reporting requirement, is slightly shoehorned into the Bill. A general report on the causes of youth violence would clearly be better than one restricted to youth violence with offensive weapons only, but it would, of course, be open to the Secretary of State to go further. Although crime is devolved, some of the possible causes that would be reported on under new clause 6 are not; they are reserved. To finish on a happy note, we willingly shoehorn in our support for new clause 6.
New clause 1 was tabled by the right hon. Member for Delyn (David Hanson), and everyone in this House wants to see not just shop workers but everyone who engages with the public—including people who work in our railway and bus stations, who are often on the frontline against such antisocial behaviour—fully protected by the law against totally unnecessary behaviour by other members of the public.
It seems to me, and I stand to be corrected, that new clause 1 would apply only to the handling of corrosive substances or bladed instruments. Although that is a good thing, most shop workers want to know that if somebody intentionally obstructs them—in other words, if somebody acts in a threatening manner—that same behaviour would be a crime whether it is a bottle of beer, a bottle of whiskey or a bladed instrument. The new clause perhaps does not suit shop workers as well as it might, but I ask the Minister to consider taking it back to the Home Office for discussion to see what might be done about it.
On that note, I have said all I want to say on new clause 16, which I think is good, and new clause 1, which will be taken away for consideration.
My right hon. Friend and I were just reflecting on how we were in the Home Office in the 2008 to 2010 era, when there again was a big spike in serious violence. We brought everyone together and discussed this with the victims, the perpetrators even, the police and, above all, the local communities affected. We went to them, including on stop-and- search; the stop-and-search we introduced was done on the basis of what those communities found acceptable. That is what we did.
I say to the Minister that I wanted to use this discussion about new clause 6 to say that I do not believe that Parliament discusses serious violence as much as we should. There is a serious violence strategy, but when have we debated it? When has there been a statement? When have we come to this House with the rage and anger that people across this country feel about what is happening? It is bewildering that we are not raging in this place, not biting my hon. Friend’s hand off and saying that we will accept new clause 6 as an indication to the public that we recognise the seriousness of this situation and that we are going to do something about it. I am sick of it. I am sick of turning on the radio when I wake up in the morning and hearing about the latest knife or gun attack. I am sick of families having to meet the police and others to talk to them about their son, as it nearly always is, who has been murdered or stabbed. I am sick of people being terrified by other people carrying weapons. It used to be that this was always in the inner cities, but no longer. New clause 6 gives us a real opportunity to discuss as a Parliament what we as a Parliament are going to do about it.
Let me finish by asking this: is there a greater national emergency? I know Brexit dominates, but this Parliament should be discussing, almost every week, serious violence and why it is happening. We should be having a huge debate on it. For goodness’ sake, given the number of young people being killed, and the number of knife crimes offences and other offensive weapons crimes that there are, surely we, as a Parliament, need to wake up and debate it with the priority people in this country would expect.
Amendments 12 and 13 would in essence replace short-term prison sentences with community sentences. As the Bill stands, the new offence in clause 1 of selling corrosive products to under-18s is punishable by up to 51 weeks in prison. We are puzzled by this, because it directly contradicts Government policy as articulated at the Dispatch Box. The Secretary of State for Justice himself has said that short-term prison sentences do not work. He said that they should be used only “as a last resort.” Amendments 12 and 13 therefore appear to be in line with Government policy and would ensure that the offence set out in clause 1 is punishable by an effective community sentence and/or fine, instead of by an ineffective short-term prison sentence.
Amendment 14 would amend the welcome new offence of possession of corrosives by adding to clause 6 the words “with intent to cause injury”. I assume that the current wording is the result of a drafting error.
Finally, amendments 15 and 16 would remove mandatory prison sentences for a second offence of possession of corrosive substances. In other words, they would prevent this House from yet again trespassing on judicial discretion. I have never understood why Governments and colleagues think that they are capable of second-guessing the facts of a case that has not yet happened, or why this House should pretend that it makes any sense at all to bind the hands of judges, who see and hear the real facts of the case, are trained to assess the facts and are experienced in sentencing.
The House may remember when, back in 2014, a Conservative Back-Bench new clause was passed to create mandatory prison sentences for a second offence of possession of a knife. My party voted against that new clause on the principle that mandatory sentences tie judges’ hands, put more pressure on already overburdened prisons and mean that more people, especially young people, end up with ineffective short-term prison sentences. Regrettably, that new clause was passed, thanks to some Labour MPs supporting it, the Conservative Front-Bench team abstaining and Conservative Back Benchers voting for it.
To be fair, there were Labour MPs who voted with those of us who opposed the tying of judges’ hands. One Labour MP in particular made a fine speech, and said:
“There is a principle at stake here. There is a Sentencing Council and legislation on what is and is not a crime, but surely it must be for the courts to determine what is appropriate for the prisoner in front of them, rather than to have that laid down by statute.”—[Official Report, 17 June 2014; Vol. 582, c. 1041-1042.]
That MP was the right hon. Member for Islington North (Jeremy Corbyn), so I hope that the Labour Front-Bench team will support our amendments to get rid of mandatory prison sentences.
Back in 2014, when the House debated similar proposals in respect of knife crimes, the supporters of tying judges’ hands said that it would send a message to the people, and that that message would reduce knife crime. That was a rather odd argument, which seemed to assume that young people especially tuned into our proceedings with enthusiasm. It had no basis in fact at the time. We now have the benefit of seeing how four years of limiting judicial discretion over knife crime has worked—how the message that Parliament apparently sent was heard.
There may now be more people behind bars to whom the judges might have given, on the evidence, community sentences. We may now as a society pay more in taxes to keep locked up people whom it would be better not to lock up, so we may not be able to use the money that is currently spent on prisons in other ways, such as for spending on police or youth services.
All that does not look like a good outcome from the message sent by mandatory sentences, so why are we repeating the mistake? What evidence are Ministers using to introduce more mandatory sentences? What happens if the person was coming home from the shops and he or she was holding his mum or dad’s shopping bags when stopped and searched? Surely it is for judges to act on the basis of fact, not for Parliament to second-guess it. We do not think that mandatory sentences are the right approach, and I hope that the other place will deal with the matter.
It might come as a surprise to the House, as it did to me, to learn that weapons that cannot lawfully be purchased in the UK can be purchased online without anyone committing an offence. That cannot be right. The aim of new clause 23 is to plug that gap. It differs from the proposal that we debated in Committee as it allows for a defence if the website removes the offending advertisement for an illegal weapon within 24 hours of being informed of it. That reflects some recent helpful discussions that I have had with eBay about the practicalities of implementing the change that I propose.
The background is that the Criminal Justice Act 1988 introduced a list of weapons that are illegal to sell in the UK, which was expanded in 2002 to include disguised knives. A disguised knife is
“any knife which has a concealed blade or concealed sharp point and is designed to appear to be an everyday object of a kind commonly carried on the person”.
It is now illegal to sell that kind of weapon in the UK.
I have been speaking to Mr Raheel Butt, who runs an organisation in the borough of Newham called Community and Rehabilitation Solutions. He is from a gang background and has served a prison term, but since he left prison in 2012, he has made it his mission to stop others making the mistakes that he made. He has pointed out to me that a lot of the weapons being used to kill young people on the streets of our cities, as my hon. Friend the Member for Gedling (Vernon Coaker) pointed out, are being bought online, a lot of them from eBay.
I should say that since I raised these points in Committee, disguised knives have been removed from eBay, although they can still be freely found on other websites. Mr Butt tells me that it is on those sites that those who are killing young people are getting their weapons. However, is it illegal for a website with a UK domain name to advertise weapons that are illegal to buy in the UK? Surely the answer ought to be yes, yet there is some uncertainty about that. If I understood her correctly, the Minister advised us in Committee that she thought that it was unlawful for an illegal weapon to be sold in that way, but then she wrote to us and said, “Actually, no. There is a defence available, because these are simply platforms.” My argument is that selling a weapon on a UK website that it is illegal to purchase in the UK should be illegal. That is the aim of my new clause 23.
I rise to speak to my amendments 8, 9 and 10, to which a number of colleagues have referred. I fully support the objectives of the Bill. We have a serious problem with knife crime. We need serious solutions, but we need the right solutions. Knife manufacturers in my constituency are seriously concerned about the possible unintended consequences of clause 17, which prohibits the delivery of bladed products to residential properties, and believe that it will not provide the right solution. I raised this issue with the Home Secretary on Second Reading and wrote to him afterwards. I appreciate the response from the Minister, who said that the Government do not intend to stop people purchasing knives online or to stop manufacturers selling their products online.
I have tabled my amendments in that spirit. Large retailers with regional shop networks might well be able to deal with age-verified collection easily and with little impact on cost, but smaller manufacturers, which use the internet to reach niche markets, will struggle. They are acutely aware of the risks of knife crime and they already take proactive steps and have stringent controls to tackle the issue. They are responsible companies. They are traders whom we can trust. They support measures that would make such safeguards widespread across the industry.
The Bill makes an exception for bladed products used for sporting purposes. Under those provisions, a sword could be delivered to a residential property, but one of my local manufacturers’ steak knives could not, and nor could the decorating tools that my hon. Friend the Member for Redcar (Anna Turley) mentioned earlier.
Much more could be done to develop effective age verification for all sorts of online activities, but a trusted trader scheme could tackle the specific issue of knife sales. Online sales actually offer a better audit trail and record keeping than face-to-face sales. The Minister said earlier that the Government were interested in working with the industry on a voluntary basis to tackle problems in relation to retail sales in shops. If she is prepared to work with the retail sector, why not with the manufacturing sector? Will she agree to meet me and representatives of the industry to discuss how a trusted trader scheme might work, so that we can amend the Bill as it progresses? If she will, I will be happy to withdraw my amendments.
I will use my time to pick up on two main points. The first is my disappointment that new clause 6 was rejected in Committee. It calls for a report on the causes behind youth violence with offensive weapons within six months of the Bill receiving Royal Assent. Although many of the Bill’s provisions are to be welcomed, I am concerned that the siloed approach of dealing with offensive weapons in isolation will do little to tackle serious violence. From my work with the commission, I know that the increase in youth violence that we are seeing is the result of a vulnerable cohort of young people being denied the support and multi-agency early intervention work necessary to prevent them from falling into a downward spiral.
New clause 6 calls for the Home Secretary to examine the effect not only of the reduction in police numbers on the levels of youth violence with offensive weapons, but of the reduction in public spending on children’s services, schools and local authorities. When the Minister was making her opening remarks, she struggled to stick within the confines of the Bill and touched on all these areas, so this new clause could be extremely useful to her.
My second point concerns the sale of knives. As recently as September, Lewisham police responded to reports of 40 young people storming a branch of Poundland in my neighbouring constituency of Lewisham East, with the intention of stealing knives and sharp implements. There is the Minister’s evidence. That is one of the reasons that she should implement this proposed legislation.
In the Make Your Mark ballot, more than 1.1 million young people voted for knife crime as their top priority. I echo the comments of my hon. Friend the Member for Gedling (Vernon Coaker); we should be talking about this issue every single week in this Chamber. This issue is so important—our young people and our communities say it is important. If the Minister accepts one measure tonight, I urge her to accept new clause 6, so that we can thoroughly debate the issue.
I believed these consequences would have been inadvertent and perhaps due to a lack of consultation with the Sikh community, so I welcomed the opportunity to meet the Secretary of State and the Minister to outline these concerns and to clarify their position. Following these meetings, I was pleased to see a desire to avert what would have been the Bill’s damaging consequences for the Sikh community. I welcome amendments 59, 60 and 61, which are the Government’s own amendments to avoid that situation, and I fully support them.
On behalf of the all-party parliamentary group for British Sikhs, I would like to record my appreciation to the Secretary of State and the Minister for listening to the concerns raised by the APPG and the Sikh Federation about the Sikh kirpan. I thank my right hon. Friend the Member for Wolverhampton South East (Mr McFadden) and the right hon. and learned Member for Beaconsfield (Mr Grieve) for their support in this process. I will briefly outline the importance of the Government amendments in ensuring that the Bill will maintain the status quo in continuing to legally safeguard the sale, possession and use of large kirpans.
I should say at the outset that the Sikh community in the UK is fully behind tightening the law on offensive weapons. We have all been appalled by the toll that knife crime is taking on innocent young lives, and every Member supports a robust and just system of law to crack down on this very serious problem. That system of law should include the measures in the Bill on restriction of sales of particular types of knives and appropriate punishments. It must also be paired with early intervention to tackle youth violence and the police being provided with adequate resources to tackle violent crime. We cannot go on with the level of knife crime that is taking place in many parts of the country.
Observance of the Sikh faith for practising Sikhs requires adherence to keeping what we call the five Ks, one of which is to wear a kirpan. Larger kirpans are used on many religious occasions such as during all Sikh wedding ceremonies up and down the country, during nagar kirtans in April and November, in front of the holy scriptures, in gurdwaras and in homes, and during gatka demonstrations where thousands take part. I could go on.
The Bill in its current incarnation would—I paraphrase from the policy equality statement produced by the Home Office in June 2018—place limits on the use and availability of these ceremonial kirpans that can be found in virtually all Sikh households. The current language would expose Sikhs who have kept kirpans at home for years to prison sentences of up to a year for doing nothing other than following one of the key tenets of our faith and the Sikh way of life. There are strict rules about the carrying and use of the kirpan. It is strictly ceremonial and must never be used in an aggressive, confrontational or offensive manner. These rules are respected and understood by the Sikh community.
Our amendment sought to amend the Bill to allow the use of ceremonial kirpans as they have been used, with no threat to public safety or public order, up until now. The Government’s amendment does nothing other than to maintain the status quo. I am pleased to support it, alongside the understanding that there will be an accompanying set of documentation that explicitly mentions the kirpan and therefore reflects the importance of not criminalising the Sikh community for the sale or possession of large kirpans.
I am happy to see that this issue is being dealt with through training, as recognised in the new protocol against criminalising children this month. However, I am concerned, yet again, about whether any additional resources will be available to fund the big programme of training we desperately need and to monitor its implementation. The fact is that when public services are underfunded, that makes it easier for the county lines gangs to exploit local children, and that exploitation breeds violence. I seek further measures that would ensure that the police and courts focus on the true perpetrators of county lines violence—those who control the gangs and reap the profits. The Minister talked about the reported arrest of 500 groomed children or young adults, but, with all due respect, that will not change the nature of the county lines infiltration into our communities. Only by arresting the groomers—those who are reaping the massive financial rewards at the top of the tree—will the game be changed.
We need to support youth workers who prevent grooming and violence by working with children of all ages, all year round. We need training for every professional who works with young people, from the police to social workers to teachers, so that they understand the threat of gang grooming and the tactics that groomers use. We need a third-party reporting system that young people will actually use; they will not do so at the moment because they believe that the police can get information without anyone being put in danger. We have to make public authorities responsible for protecting people who are at risk because they have done the bravest of things and given information to the authorities. We need to support them and their families with a path to a secure future. We need to take stronger action against incitement online. We need to support communities after the trauma of a young death.
This Bill is a start, but it ain’t the panacea that my community so desperately needs. We need further legislation from this Government to tackle the real issues that are afflicting our communities.
I want to make two points. The first is about data. We do not know where the people who commit these offences get their knives from. We do not know at what exact time of day these knife crimes are committed, although we have some evidence. We do not know how many people are involved in gangs who commit knife offences. That is really important, because a very small number—somewhere between 3% and 25%, depending on what we measure—of people who commit knife offences are in gangs. There is a lot that we do not understand about what is going on in this situation that we are trying to fix.
The second important part of the new clause relates to evidence. There is a growing consensus that there is an epidemic of violence—the Secretary of State has said it, and the Minister said it today. It is spreading out across the country. Violence breeds violence. There is evidence that can fix this growing national problem. We know from what has worked in other areas how effective interventions can be when they are evidence-based. I think of my friend, Tessa Jowell, whose memorial service you and I attended recently, Mr Speaker. Her interventions in introducing Sure Start and the teenage pregnancy reduction strategy were evidence-based and had a real impact. That is what we need to seek to do.
My final point is that when we look at the evidence, we need to look at the increasing number of children who are being excluded and finding themselves lost to the system. If we are trying to fix this national problem, why on earth would anyone want to vote against this new clause?
I thank the right hon. Member for East Ham (Stephen Timms) for his contribution on new clause 23. Anyone who sells or hires, offers for sale or hire, exposes or has in his possession for the purpose of sale or hire anything contained in the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 is guilty of an offence. That applies to not only people but bodies corporate. Where the user of a website places advertisements for anything contained in the order on that website, the website service provider may be able to rely on the defence under regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002. Whether regulation 19 applies will depend on the facts of the case. There may well be jurisdictional issues if the service provider is based overseas. Regulation 19 does not apply where the provider of the website is offering the items for sale directly and where the provider had actual knowledge of the unlawful activity. We therefore consider that the provider of a website who sells items on it directly would be likely to be caught under the wording of the legislation. Where the provider of the website is enabling advertisements to be placed by others, the defence under regulation 19 may be available. That is an awful lot of legalese, but this discussion is timely, as the Government prepare the online harms White Paper.
I turn to amendments 8, 9 and 10, tabled by the hon. Member for Sheffield Central (Paul Blomfield). Age verification checks cannot be done only at the point when the seller is processing the sale and preparing the item to be dispatched. Checks also need to be done when the item is handed to the purchaser. That is why we are stopping bladed products—namely, articles with a blade capable of causing serious injury—from being delivered to residential addresses. The amendments would undermine what the Bill is trying to achieve and seem to introduce some sort of validation scheme by the Government to enable certain online sellers—those awarded trusted seller status—to deliver bladed products to residential addresses. That goes against what the Bill seeks.
Finally, on new clause 6, we published the serious violence strategy this year, which already takes a public health approach, stressing the importance of early intervention and prevention through a multi-agency approach to tackle the root causes. We appreciate the need to keep parliamentarians informed of progress on delivery of the strategy, but we do not believe that a statutory requirement is necessary. We believe that scrutiny will be provided by the serious violence taskforce and the House, and we hope that the House can contribute its views on this very important piece of legislation.
The Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83E), That the clause be read a Second time.
Question agreed to.
New clause 16 accordingly read a Second time, and added to the Bill.
The Speaker then put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).
Brought up, and added to the Bill.
Brought up.
Question put, That the clause be added to the Bill.
Brought up.
Question put, That the clause be added to the Bill.
Amendment made: 56, page 12, line 34, at end insert—
Amendments made: 57, page 24, line 16, after “applies” insert “in private”
Amendment 58, page 24, line 32, at end insert—
Amendments made: 59, page 26, line 34, at end insert—
Amendment 60, page 26, line 38, leave out “any conduct of that person relating to”
Amendment 61, page 26, line 40, leave out from “that” to end of line 41 and insert “the person possessed the weapon for religious reasons only.”—(Victoria Atkins).
Amendments made: 25, page 37, line 17, leave out “and 29” and insert “,29, [Offence of threatening with an offensive weapon Etc in a private place] and [Search for corrosive substance on school or further education premises]”
Amendment 62, page 37, line 23 [Clause 40], at end insert—
Amendment made: 63, page 38, line 12, at end insert—
On resuming—
Under Standing Order No. 83M, a consent motion is therefore required for the Bill to proceed. Copies of the motion are available in the Vote Office and on the parliamentary website and have been made available to Members in the Chamber. Does the Minister intend to move the consent motion?
The House forthwith resolved itself into the Legislative Grand Committee (England and Wales) (Standing Order No. 83M).
[Sir Lindsay Hoyle in the Chair ]
Motion made, and Question put forthwith (Standing Order no. 83M(5)),
That the Committee consents to the following certified Clauses of and Amendments to the Offensive Weapons Bill—
Clauses certified under SO No. 83L(2) as relating exclusively to England and Wales and being within devolved legislative competence
Clauses 8 to 10, 14, 28 and 29 of the Bill as amended in Committee (Bill 265), and New Clauses NC16 and NC17 added on Report.
Amendments certified under SO No. 83L(4) as relating exclusively to England and Wales and being within devolved legislative competence
Amendment 56 made on report to Clause 13 of the Bill as amended in Committee (Bill 265).—(Amanda Milling).
Question agreed to.
The occupant of the Chair left the Chair to report the decision of the Committee (Standing Order No. 83M(6)).
The Deputy Speaker resumed the Chair; decision reported.
Third Reading
As the House is all too aware, we have seen a rise in violent crime, including knife crime and homicides, in recent years. That is why there is an urgent need for us to tackle the whole issue of serious violence and see what more we can do. I know that Members across the House will agree that we must do all we can to try to put an end to the bloodshed on our streets, and we must do everything in our power to try to bring more perpetrators to justice. I believe that the Offensive Weapons Bill is an incredibly important part of our response. It provides additional powers for the police to tackle serious violence. It will prevent the sale of corrosive products to young people, and make it a crime to possess corrosive products in public with no good reason. It will make it harder for young people to purchase deadly weapons, and make the possession of knuckle dusters, zombie knives and death stars illegal, even in private premises. Sellers will be required by law to impose vigorous age verification measures to prove that anyone purchasing blades or corrosives is over the age of 18, or they will face prosecution.
Simply put, the Offensive Weapons Bill is all about preventing young people from getting their hands on dangerous weapons such as knives and acid, and causing irreparable damage.
The Bill has of course, as many Bills do, raised some tricky issues. We recognise, for instance, that knives, corrosives and firearms are not in themselves offensive weapons, and that they have many lawful and legitimate uses in people’s everyday lives. That means that a balance needs to be struck between protecting the public and ensuring that legitimate activities are in no way unduly affected. I believe that the Bill strikes the right balance.
We have made some important changes to the Bill after debate. So, for example, we have made it an offence to threaten someone with an offensive weapon in private as well as in public, and I thank my hon. Friend the Member for Shipley (Philip Davies) for first suggesting such a change and then helping us to work that through. We have also ensured that our museums are able to continue to keep important examples of historic knives in their collections, and we have made changes to reflect the different legal system in Scotland.
We have also addressed the concerns raised by the Sikh community, and by the hon. Member for Birmingham, Edgbaston (Preet Kaur Gill), who I was pleased to meet to discuss the issue regarding the private and public ownership of kirpans.
During the Bill’s progress, a number of important points have been raised on firearms, which we think merit further consideration. I thank my hon. Friend the Member for The Cotswolds (Sir Geoffrey Clifton-Brown) for his work on this matter. I will be looking to launch a public consultation to consider those issues in further detail.
Ultimately, I urge Members to focus on the important changes that this Bill will bring about, and I am in no doubt that the Bill is key to tackling violent crime. The public rightly want violent crime to be dealt with properly and to be dealt with urgently. They want to feel that their neighbourhoods and their children are safe, and this Bill will help to ensure just that.
I commend the Bill to the House.
The levels of serious violence are not a spike; they are part of a now five-year trend. Behind the figures are stories of young lives destroyed and families torn apart. The serious violence strategy and the Offensive Weapons Bill stand as the Government’s response—it is nowhere near enough. It does not even begin to scratch the surface. As long as they insist on underfunding our police, nobody can say that they are taking serious violence seriously.
With regard to the limited provisions of the Bill, Labour has sought to enhance protections on the sale and possession of knives, to close dangerous loopholes in our gun laws that have been left open for too long, to force the Home Office to release evidence on the consequences of cuts to vital services for the levels of serious violence, and to advocate for the rights of victims of crime, which have been neglected, despite repeated manifesto promises from the Conservative party. There is no doubt that the Bill would have been enhanced by the inclusion of those measures. It is a matter of regret that important issues in relation to serious violence and the rights of victims have not been accepted by this Government.
We will not oppose these limited measures tonight, but we must be clear that they will not stem the tide of serious crime without measures to address its root causes and without a recognition from the Government of their own culpability in creating the conditions for crime to thrive. With a vulnerable cohort of young people without the support they need as services fall away and an ailing police force unable proactively to gather intelligence and build community relations, and unable adequately to investigate crimes that have taken place, this Government are unwilling and unable to address the consequences of their own actions. As such, this Bill can never meet its objective to bear down on violent crime.
The Home Affairs Committee recently launched its new inquiry into serious violence, and it heard powerful and moving evidence from the parents of young people who have lost their lives in stabbings and shootings. It was a timely reminder, if one was needed, of the awful impact that knives, firearms and other offensive weapons are still having on too many.
Obviously, the provisions in this Bill will not stop knife crime and shootings, but they will surely save some lives, as we can see when we can look at the case of Bailey Gwynne, the 16-year-old from Aberdeenshire who was murdered by another young teenager who had arranged online for a knife to be delivered and left at a shed behind his family’s house. That prompted a letter to the Home Office from the Justice Secretary in Scotland seeking a tightening of the rules around online sales and delivery. Delivery like that would, we hope, no longer be possible.
Officials in Edinburgh and at the Home Office have worked closely on this Bill, and we welcome the results, not only the provisions on the online sale of knives, but the new provisions on corrosive substances. We have, however, expressed our concern today about changes that have been made to the Bill in relation to firearms.
As we all know, the Bill is not a game-changer, and I do not think anyone can pretend it will be. Much more important are efforts to stop individuals feeling the need or desire to carry and use knives and other weapons in the first place. Strategies and policies that work require support, such as the successful violence reduction unit based in Glasgow, which has been mentioned earlier in debates. In short, we need proper resourcing of public services by the Chancellor—that would be a genuine game-changer.
As I did not do so earlier, I thank my hon. Friend the Minister for giving me a lot of her time and reassuring me about some measures about which I was concerned. Across party lines, some great suggestions have been made this afternoon. A lot of them came from the Opposition Benches, and I would struggle to vote against them. I hope that in a few months the Minister will assess whether the measures in the Bill as passed will fix some of the issues; if not, we should reconsider new clauses 5 and 26, and perhaps some of the other proposals, because they have a lot to recommend them. Overall, I support the Bill and hope that the House will give it a Third Reading.
It is a pleasure for me to close the Third Reading debate on this important Bill. As my right hon. Friend the Home Secretary said, the measures in it will prevent young people from accessing dangerous weapons such as knives and acid and causing irreparable damage with them, not only to the lives of others but to their own lives.
I am genuinely grateful to all right hon. and hon. Members from all parties—particularly those from Northern Ireland—for their valuable contributions and for the debates that we have had on the Bill. We have had a series of constructive debates, and at times like this the House is at its best, so I thank hon. Friends and colleagues for their contributions.
Particular thanks must go to my hon. Friends who served on the Bill Committee and scrutinised the Bill line by line. It was an absolute pleasure to serve with them in doing that important work. I also thank the Parliamentary Private Secretaries. We do not often get the chance to thank them, but they are the ones who make sure that the political wheels run smoothly. Of course, I also thank the officials, who have done an incredible amount of work on the Bill. [Interruption.] I am being prompted, but I had made a note, so now that I have finished thanking the officials I thank the Whip, the Lord Commissioner of Her Majesty’s Treasury, my hon. Friend the Member for Blackpool North and Cleveleys (Paul Maynard), because I know which side my bread is buttered. I also thank those in the Whips Office for their hard work on the Bill. Every time that we excited and enthusiastic Ministers put policies and legislation before the House, it is the Whips Office that has to deliver it, and I am extremely grateful for the help I have had on this Bill.
I extend my thanks to the hon. Member for Sheffield, Heeley (Louise Haigh), the right hon. Member for East Ham (Stephen Timms) and the hon. Member for Lewisham, Deptford (Vicky Foxcroft) for their contributions, not only today but in Committee, and for the constant attention that they pay to this really important issue. I hope that the hon. Member for Lewisham, Deptford will keep pressing her case for a debate at tomorrow’s business questions.
I also thank the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) for his perspective in the debates. It has been a pleasure to work with him and, indeed, the Scottish Government on the Bill.
Let me end this Third Reading debate by drawing the thoughts of the House back to the people whom the Bill is intended to help and protect. I thank every single victim of knife crime and corrosive-substance attacks, as well as every family member who has been affected, sometimes devastatingly, by serious violence. It is for those people that we put the Bill and the other measures in the serious violence strategy at the forefront of our thoughts, as well as for the communities that we all represent, who really do want us to ensure that our laws are up to date and that we have in place the strategy to keep our country safe.
On that note, it is my absolute pleasure to send this Bill elsewhere. I hope that it goes with the best wishes and best intentions not only of every colleague present, but of the victims whom we seek to serve and represent.
Question put and agreed to.
Bill accordingly read the Third time and passed.
The sad thing is that the Prime Minister said earlier in answer to my question at Prime Minister’s questions that she knew nothing about Home Energy and Lifestyle Management Systems’ green deal mis-selling, which affects hundreds of people in my constituency. Had I been made aware of the visit, I could have scheduled meetings with the constituents affected, at which she could have learned a lot more about this terrible issue. Can you advise me, Mr Deputy Speaker, what recourse I have when the ministerial code is broken and Ministers fail through their answers in their obligations to Members and this House?
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