Friday 3rd March 2023
(1 year, 3 months ago)
Commons ChamberFirearms Act 2023 Read Hansard Text Watch Debate
This text is a record of ministerial contributions to a debate held as part of the Firearms Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister for Crime, Policing and Fire (Chris Philp)
I congratulate my hon. Friend the Member for West Bromwich West (Shaun Bailey) on introducing this private Member’s Bill and, of course, my hon. Friend the Member for Clwyd South (Simon Baynes) on stepping into his place with such eloquence and command of the House, as we heard just a few moments ago.
Time is relatively short, so I am not going to repeat at length a description of the provisions that the shadow Minister, the hon. Member for Aberavon (Stephen Kinnock), and my hon. Friend the Member for Clwyd South have both already covered. Suffice it to say that, as they have laid out, the Bill intends to more tightly define the legislation around miniature rifles to ensure that a limitation of .22 is placed on their calibre and that the people operating miniature rifle ranges need to have licences.
As others have laid out, clause 2 seeks to make it clear that having an intent to assemble components into ammunition will constitute an offence. As the Bill passes through Committee, we may want to make sure that we cover not only people intending to manufacture ammunition themselves, but those facilitating others to do so. However, that is a definitional detail that I am sure we can consider properly in the course of Committee proceedings.
The shadow Minister asked a number of questions. I am sure we will discuss them more on other occasions, but 3D printed weapons—either the weapons themselves or the components thereof—are treated the same as regular weapons. We will, of course, keep that under review. He asked about the fees charged for firearms licensing; as I said to the House a week or two ago, we have committed to consulting this year—probably in the summer or early autumn—about increasing those fees to make sure that the full costs are recovered by police forces. The question of accreditation of firearms examination officers is one that I discussed with the College of Policing’s chief executive, Andy Marsh, just this week. That is an area that we would like to see taken forward by policing, and it is something that the College of Policing will consider in conjunction with the National Police Chiefs’ Council.
On the question about firearms backlogs and temporary licences, I reviewed the data on that only yesterday and, of the 43 forces, I consider four to have unacceptably high backlogs. I will be communicating with the chief constables of those four forces in the very near future.
Last week or the week before, I made a statement on the terrible shootings that we have seen; as the shadow Minister knows, the Government are waiting for the prevention of future deaths report from the Plymouth coroner so that lessons can be learned and whatever changes need to be made can be made, in order to prevent appalling tragedies such as that. We will also consider the recommendations made by the Independent Office for Police Conduct, as well as a report by the Scottish Affairs Committee prompted by a tragedy that took place on the Isle of Skye. We will consider all three things together, and the Government will respond substantively within 60 days of receiving that prevention of future deaths report, which we believe we will receive in the very near future.
I am conscious that I have strayed somewhat beyond the strict topic of the Bill, Mr Deputy Speaker, but I wanted to answer some of the shadow Minister’s questions; we can discuss the others later. I put on record the Government’s support for the Bill. It is well constructed and will certainly contribute to public safety, and I look forward to working with right hon. and hon. Members on both sides of the House to make this excellent Bill law as soon as possible.
Wednesday 15th March 2023
(1 year, 2 months ago)
Public Bill CommitteesFirearms Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 15 March 2023 - (15 Mar 2023)
This text is a record of ministerial contributions to a debate held as part of the Firearms Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State for the Home Department (Miss Sarah Dines)
Sir Gary, it is a pleasure to appear in front of you. I thank my hon. Friend the Member for West Bromwich West for promoting this modest-in-size, but very important Bill. I thank my hon. Friend the Member for Clwyd South for being its custodian. I thank Opposition Members for the consensual way in which they have worked, and for the eloquence shown today. I thank all those who have contributed. The hon. Member for Plymouth, Sutton and Devonport has a lot to contribute in this area, my hon. Friend the Member for Huntingdon has a lot of expertise, and I thank the hon. Member for Leicester East for her interest in this subject.
At the outset, I should declare that I may be one of the few members of this Committee who had a hobby as a keen handgun shooter. It might be a matter of interest to the Committee that I left it until the very last day to hand my Browning in—it was a wonderful present that I treasured and looked after—and that was the same day as my second son was born. That was an interesting day for me. [Hon. Members: “Hear, hear!”] That was the second of my four sons, who are now all grown up.
I will speak briefly about the amendments and clauses. Amendment 1 would have the effect of mandating in law that the police must check the social media profile of any person applying for a firearm certificate for the purposes of operating a miniature rifle range before issuing such a certificate, and to be satisfied that the checks do not reveal anything that suggests that the person should not have access to a miniature rifle or ammunition for such a rifle.
Clause 1, to which the amendment relates, removes the existing exemption in firearms controls that allows a person to operate a miniature rifle range without first obtaining a firearm certificate from the local police. That means that, in future, any person who wishes to operate such a rifle range will first need to apply to the police to obtain a firearm certificate, issued under the Firearms Act 1968. The applicant will therefore be subject to all the checks relating to suitability that the police conduct on all applicants who seek to obtain a firearm licence. Those checks are set out in the statutory guidance to the police on firearms licensing that came into effect in November 2021 and which was refreshed and strengthened on 14 February this year—there is no relevance to Valentine’s day.
The statutory guidance requires the police to consider conducting an open source check of social media presence and the activity of the person who applies for the firearm certificate to establish whether he or she has openly or repeatedly expressed or sympathises with views that may suggest that their access to firearms would be inappropriate. The checks that are sought by the amendment would be considered when a person applies for a licence to operate a miniature rifle range, or indeed for any other purpose, and not just for those seeking to operate a miniature rifle range, which would be the effect of the amendment.
The police have a legal obligation to have regard to the statutory guidance, which will be reviewed, in exercising their firearms licensing functions. The Government have said that we will keep the guidance under review and will not hesitate to refresh it and to strengthen it further whenever the evidence suggests that that is required.
The Government will consider such further changes to the guidance now, and possibly further changes in the law, following the outcomes of the recent inquests into those who were tragically shot dead by Jake Davison in Plymouth on 12 August 2021, and the expansive recommendations made by the coroner. Those recommendations sit alongside the outcomes and recommendations made by the Independent Office for Police Conduct following the investigation into the issue of a firearm licence to Jake Davison, and also recommendations made by the Scottish Affairs Committee, following its review of firearms licensing. It is clear that the Government will further strengthen the checks and controls on firearms licensing in the coming weeks and months.
Specifically in relation to social media checks, the Government have noted in the statutory guidance that the National Police Chiefs’ Council will develop a new national model, which I am sure will be helpful. When ready, it will assist all police forces in conducting social media checks in cases, to help them meet the requirements of the statutory guidance. It will be very useful to have a national scheme so that we do not have pockets or silos of good or bad practice, which is very important. Against that background, I would be grateful if the amendment were withdrawn.
I move briefly to amendment 2, which would have the effect of mandating that the police must meet privately with members of the family or household of a person seeking a firearm certificate in order to operate a miniature rifle range before they make a decision on whether to grant such a certificate. The underlying purpose of the amendment is clear and sensible. Those who know the applicant best and those who have a unique insight into the applicant’s temperament or behaviour may be particularly well placed to provide information about suitability. It may of course be difficult in some circumstances for an applicant’s partner or close family member to provide information that directly results in the application being refused. That person could be subjected to reprisals if the applicant considers that that person is to blame for the refusal. The statutory guidance for the police on their firearms licensing functions, which was refreshed by the Government on 14 February, covers that point explicitly in relation to partners where domestic abuse may be an issue.
I recognise that the scope of the amendment is not restricted to domestic abuse, but has rather more general applicability. In that context, it is worth noting that the statutory guidance to which I have referred invites the police to consider whether to interview individuals other than the applicant or their referees. It mentions the applicant’s partner specifically, where the police consider that contact to be necessary to assess suitability. Again, we are looking to good practice throughout, which is very important. The guidance does not mandate that contact in all cases, which may be the purpose of the amendment, but it draws attention to the fact that the amendment as it stands would have the effect of mandating an interview with members of the applicant’s family or household only in the cases of those wishing to operate miniature rifle ranges rather than in the generality of firearms applications. I know that perhaps that is not the amendment’s intention, but that is what it would do.
The Government feel that that the distinction is unhelpful, however they are keeping the statutory guidance as a whole under review and will consider further changes which may or may not include the terms of the amendment following the outcomes of the recent inquests. I am certain that the Government will consider whether it would be appropriate to amend the guidance to address the specific points addressed by the amendment.
A further review of referees will be undertaken and its results will be incorporated in the statutory guidance, resulting in stronger and more robust checks. I know that the hon. Member for Plymouth, Sutton and Devonport will be happy that that is the way forward.
As my hon. Friend the Member for Clwyd South said, the Government take the subject very seriously. The UK Government have some of the toughest gun controls in the world, but, as the hon. Member for Leicester East said, it is important that we keep all controls under review and take action when necessary to strengthen the laws further where the evidence suggests that that must be the way forward.
I have been impressed by the nature of the debate and the sincerity with which all speakers have contributed. I am pleased that we have had the opportunity to debate the Bill and ask that it be allowed to proceed.
Holly Lynch
I thank the Minister for her thoughtful contribution to the consideration of the Bill. She has put to me that scope is the reason why our amendments will not have the desired impact. She is entirely right, and I put to her that scope is exactly why the amendments will not have the desired impact. That does not mean that there is no merit in the amendments, and it is clear from today’s contributions that there is broad consensus that the amendments have been born out of the important lessons learned, having had a good look at recent tragedies.
I hope that there is progress on this matter, and a commitment particularly on amendment 3 to consult on the cost of firearms licensing. I hope that the Minister takes back to her Home Office colleagues the sense of consensus and the urgency with which we would like to see that work progressed.
I thank again my hon. Friend the Member for Plymouth, Sutton and Devonport, who spoke so powerfully with the weight of the experiences of his constituents; his was a powerful contribution to the debate. With that, I beg to ask leave to withdraw the amendment, but I hope that the Minister holds true to her word that there is a commitment to continue to move in the right direction on the matter.
Amendment, by leave, withdrawn.
Clause 1 accordingly ordered to stand part of the Bill.
Clauses 2 and 3 ordered to stand part of the Bill.
Bill to be reported, without amendment.
Friday 14th July 2023
(10 months, 3 weeks ago)
Lords ChamberFirearms Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 15 March 2023 - (15 Mar 2023)
This text is a record of ministerial contributions to a debate held as part of the Firearms Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)
My Lords, I am very grateful to my noble friend Lord Colgrain for bringing forward this Private Member’s Bill to the House and for his introduction. I join him in paying tribute to Shaun Bailey MP in the other place for initiating the Bill. I also commend my noble friend for the thoughtful and very compelling case he has made for these two firearms measures. I thank all those who have contributed to the debate today. I welcome their support and constructive comments on our firearms controls.
I am very pleased to say that the Government support this Bill. As the noble Lord, Lord Browne said, it improves the existing legislation and, as the noble Lord, Lord Ponsonby, just noted, our laws must remain fit for purpose and be kept under review. I am a shotgun certificate holder myself and a member of the BASC, the British Association for Shooting and Conservation. I have an interest in this area, and I know that the BASC, as a representative of shooting interests, is broadly supportive of the measures put forward in this Bill too.
We keep this country’s strong gun controls under review and are prepared to consider taking action to strengthen them further if the evidence shows this to be necessary. That is why we fully support the measures contained in this Bill, and it is why, as my noble friend noted, we launched a firearms consultation on 29 June, following recommendations made in the wake of the terrible shootings in Keyham and Skye. The firearms licensing consultation will be open for eight weeks. We will listen most carefully, and with a balanced and proportionate approach, to the views which come forward on whether further changes are needed to this country’s robust firearms controls.
This Bill is about addressing two vulnerabilities which have been identified in the existing licensing controls. We committed to taking action on both of these issues following a public consultation conducted on a number of firearms safety issues in late 2020 and early 2021. As noble Lords have heard today, the Bill tightens the law around miniature rifle ranges, while preserving the existing benefits that they offer. It still enables those who are new to target shooting to experience the sport without having to be a certificate holder, but it ensures that this will take place in a safe and controlled environment by removing the exemption that currently allows those operating such ranges to do so without first obtaining a firearms certificate. Removing this exemption will mean that the operator will be subject to the usual police criminal record and suitability checks, as well as police checks to ensure that the rifle range is run safely and that the firearms used there are stored securely. Miniature rifles will also be more tightly defined in law so that only less powerful .22 rim-fire firearms may be used on miniature rifle ranges.
As we have discussed, the Bill also tackles the unlawful manufacture of ammunition by introducing a new offence of possessing component parts with the intent to assemble unauthorised quantities of complete ammunition. The police have raised concerns that the component parts of ammunition are too easy to obtain and are being used by criminals to manufacture whole rounds of ammunition. The new offence means that the police will be able to better prosecute cases where criminals are manufacturing ammunition, including where only some of the component parts are present, provided that intent is shown. This measure supports the police in tackling gun crime.
Both these measures received support in the public consultation that I referred to earlier. It was widely acknowledged, including by those representing shooting interests, as well as those who wish to see tighter firearms controls more generally, that these changes will help to strengthen our firearms controls. This Bill will make a valuable contribution to firearms legislation, while making sure that those who wish to continue to legitimately engage in firearms activities, whether that involves target shooting at clubs or activity centres, the legitimate home loading of ammunition or other lawful activities, are able to continue to do so.
I shall come on to some of the more detailed questions. My noble friend Lord Attlee has spoken about the position of older deactivated firearms which can be possessed but not sold or transferred without complying with the current deactivation standards, which are aligned with EU deactivation standards. I understand his concerns about this issue. We will keep all firearms matters under review and will consider our deactivation standards to see whether changes are necessary to the current position. As regards his specific question about REUL, I cannot comment, but I shall obviously make sure that his concerns are registered. I also note his comments about the possible value of his grandfather’s firearm, but I have to say, given its provenance, it might be worth rather more than he thinks.
My noble friend, as well as the noble Lords, Lord Browne and Lord Ponsonby, also raised the question of how we continue to keep people safe with the emergence of firearms produced using 3D printers. 3D-printed firearms fall within the scope of the Firearms Act 1968 and are subject to the same controls and licensing requirements as any other firearm. There have been successful prosecutions; in fact, I literally just googled this, and there was one on 23 June in West Yorkshire for possession of a 3D-printed firearm. So the law is working—but the Government are committed to tackling the threat posed by 3D-printed guns, and we are working closely with law enforcement, including the National Crime Agency, as part of the multi-agency response to the emergence of 3D-printed firearms.
The noble Lord, Lord Ponsonby, questioned me a little more closely on the intent point with regards to the new ammunition offence. We listened carefully to the calls for the clauses on ammunition to be explicit about the need for criminal intent to be proven, to ensure that those who legitimately manufacture or home-load ammunition are not inadvertently caught by the provisions of the Bill. Because of this, the drafting of the legislation is, rightly, very clear about the need for intent to be proven. I have heard what the noble Lord says. As I say, the whole issue remains under constant review.
The noble Lord, Lord Browne, asked me about the consultation and whether it will include a presumption in favour of granting a firearms licence. We did look at this issue in detail. The legislation makes it clear that the police must first be satisfied that issuing the licence will not endanger public safety or the peace. Therefore, such changes to the legislation would make no practical difference to the current application practice, which is centred on the requirement for the police to be satisfied that the applicant is suitable and safe to be granted a firearms licence.
The Government will continue to listen carefully to recommendations that we receive about how to further improve our firearms controls. We are open-minded to change, while ensuring that our response is proportionate and focused on areas of vulnerability where those are identified. Where necessary, we must strengthen the legislation on which our controls are based, and the measures in this Bill of course do that. But we will also use other tools—and I think these will answer a number of the questions of the noble Lord, Lord Ponsonby. We have committed £500,000 in funding to support development and rollout of a new training package for firearms licensing staff, developed by the College of Policing and the National Police Chiefs’ Council. In due course, the training will become mandatory for police firearms licensing staff.
On 14 February this year, we refreshed the statutory guidance for the police on their licensing functions, to ensure that the police are making the necessary inquiries before granting or renewing firearms licences. The statutory guidance aims to raise standards and improve consistency across all police forces. In addition, the Government have worked with the medical profession to put in place robust medical arrangements as part of the licensing controls, to ensure that those who hold firearms are physically and mentally fit to do so. A new digital marker system to flag firearms owners to doctors has been introduced to GP surgeries, which will further strengthen these arrangements.
The Home Office has also launched a review of firearms licensing fees: the fees that the police charge for the issue or renewal of firearms licenses. We will be consulting on any changes that will be required later this year. The purpose of the review is to provide full cost recovery for the police, so that they have the resources they need to maintain effective and efficient licensing arrangements that meet the needs of firearms owners, while also ensuring that the public are kept safe.
His Majesty’s Inspectorate of Constabulary and the fire and rescue services will be conducting a thematic review of police forces’ firearms licensing arrangements in 2024-25. That will provide us with an important opportunity to take stock of the changes that have been introduced and to ensure that we are doing all we can to ensure that our licensing arrangements are safe and meet the needs of the shooting community, alongside the overarching need to ensure the safety of us all.
I am glad that we will make our robust firearms controls even stronger through the measures in this Bill. The new requirement for a firearms certificate will enable the police to check the suitability and security of those running miniature rifle ranges, while preserving the benefits that they offer, including to newcomers to the sport of target shooting.
I shall address the final couple of questions asked by the noble Lord, Lord Ponsonby, as regards a regulator, or perhaps a central licensing body, to administer firearms certificates. There are no plans at present to create such a body to administer firearms licensing. We believe that there is some value in having local police firearms licensing departments. That enables the police to be in touch with the local communities and local medical practitioners, as well as being able to visit the applicants.
As regards the noble Lord’s question about the coroner’s report and the timetable, I am afraid I do not have any information on that as yet. Of course, I shall report back as soon as I am able to. As regards the Online Safety Bill, I have heard what the noble Lord has said, and I will make sure those concerns are passed on to the relevant department. I am afraid I do not have any comments that I can usefully make as regards toys, although I note the incredible likeness between the real firearms and some of the toys that are manufactured.
The amendment to the legislation on ammunition will give the police the tools to bear down on criminals who fuel gun crime by manufacturing ammunition unlawfully. The introduction of the new offence of possession of component parts with the intention to assemble unauthorised ammunition is another important step in the fight against crime.
I reiterate my thanks to my noble friend Lord Colgrain for bringing this Private Member’s Bill before the House. I hope to see it receive Royal Assent, as I believe it will have a significant impact in strengthening our firearms controls still further. The Government are in full support of the Bill and the important changes it will bring.
Finally, I am afraid I do not know the difference between temporary licences and the more traditional ones, if you will, but I will find out and report back.
Monday 18th September 2023
(8 months, 2 weeks ago)
Lords ChamberFirearms Act 2023 Read Hansard Text Watch Debate Amendment Paper: Public Bill Committee Amendments as at 15 March 2023 - (15 Mar 2023)
This text is a record of ministerial contributions to a debate held as part of the Firearms Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)
My Lords, I am grateful to my noble friend Lord Colgrain for taking his Private Member’s Bill through the House. I welcome the support the Bill has received in this House and the other place; it has received cross-party support from the outset and the Government have wholeheartedly supported it.
The Bill is about addressing two vulnerabilities identified in the existing firearms licensing controls, as my noble friend explained. We are committed to taking action on both issues, following a public consultation conducted on a number of firearms safety issues in late 2020 and early 2021. Both measures received support in that consultation. It was widely acknowledged—by those representing shooting interests, as well as by those who wish to see tightener firearms controls more generally—that these changes will help to strengthen our firearms controls. The Bill will make a valuable contribution to firearms legislation, while making sure that those who wish to continue to engage legitimately in firearms activities can continue to do so, whether that involves target shooting at clubs or activity centres, the legitimate home loading of ammunition or other lawful activities.
I reiterate my thanks to my noble friend Lord Colgrain for bringing his Private Member’s Bill before the House. I join him in also thanking Shaun Bailey MP for initiating the Bill in the other place. I hope to see the Bill receive Royal Assent, as I believe that it will have a significant impact in strengthening our firearms controls still further. I of course commit to the noble Lord, Lord Ponsonby, that I will take his remarks back to the department and ensure that his views are kept under review. For now, the Government are in full support of the Bill and the important changes that it will bring.