Christopher Chope
Main Page: Christopher Chope (Conservative - Christchurch)Department Debates - View all Christopher Chope's debates with the Home Office
Scrap Metal Dealers Bill
Christopher Chope Excerpts(11 years, 6 months ago)
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Mr Browne
That is an ingenious intervention, but the obligation is on the party required to display the licence. If a defence could be made along the lines suggested by my hon. Friend, it would create a major loophole. Ironically, given the view that he usually takes on these matters, that would make it easier for people to avoid prosecutions and the fine that I mentioned than would otherwise be the case. Our view is that if there is an obligation on a party to display a licence, then there is an obligation on that party to display a licence. That is clear cut; there is no need to muddy the waters.
Mr Christopher Chope (Christchurch) (Con)
If the licence is removed from display without the knowledge or consent of the scrap metal dealer, why should the scrap metal dealer be guilty of an offence? Surely the Minister’s line here is inconsistent with the line he adopts, for example, in moving amendments to clause 10, which remove the offence of strict liability and provide a defence if the person did not know that an offence was being committed.
Mr Hanson
My hon. Friend is right. Responsible scrap metal dealers want effective regulation, and the loopholes to be closed down. The Bill’s provisions on cashless payments and other matters are very important in that regard.
I welcome the Minister’s new clause and amendments. I welcome, too, the fact that we have reached consensus on almost every issue. I remind the Minister that the Bill as it currently stands is, effectively, the official Opposition’s Bill that the Government rejected in February in another place, and, to add just one discordant note, as a result of that there has been a delay.
There are 1,000 incidents of metal theft per week. Some 300 tonnes of metal—the equivalent of 300 cars—is stolen per week. Metal theft is causing 117 hours of delays in train services. Some 23 churches are attacked every week by thieves. This Bill will go some way towards helping to give additional powers to reduce those incidents. It is welcome, therefore, and I hope Members across the House will give it the fair wind that we agreed to give it in Committee and on Second Reading.
Mr Chope
I wish to discuss the amendments I have tabled, Government new clause 1 and the Minister’s comments. My amendments in this group are all designed to make the Bill stronger and more effective. I spent much of last Saturday discussing these issues with a prominent scrap metal dealer in my constituency, and I have also spoken on the phone to the Archdeacon of Bournemouth. I am conscious of the large number of serious thefts from churches and war memorials, not only in my constituency but throughout the dioceses of Winchester and Salisbury. I am concerned that the Bill concentrates only on the good, licensed scrap metal dealers and ignores the real villains—the people for whom law enforcement means nothing. It is fine to tighten up the law in relation to those who comply with it and believe in law enforcement, provided that at the same time we get really heavy with those who do not comply with it, and are intent on defying it and carrying on as they are.
I am disappointed that the Minister did not respond to some of my amendments; he just said he thought they were unnecessary. My amendment 31 proposes the following:
“If a local authority has reasonable cause to believe that a person is engaging in activity as a scrap metal dealer without a licence an injunction shall be applied for by the local authority against that person within 28 days.”
If a local authority has reasonable cause to believe that a person is dealing in scrap metal without a licence, why should it not be required to take action against that person within 28 days? The Bill, as drafted, has a convoluted system for depriving licensed scrap metal dealers of their licences, but it is very weak—the provisions are almost non-existent—on dealing with people who operate without licences. Where it comes to a local authority’s attention that somebody is operating without a licence we should surely require that authority to take effective action against that person within 28 days. I would be interested to know why the Government or the promoter of the Bill think that such a provision undermines the purpose of the Bill; it would reinforce the Bill so that it becomes more effective.
Mr Jeremy Browne
My hon. Friend may find it helpful if I set out the Government’s view on amendment 31, and this illustrates why I did not go through every amendment he has tabled. We feel that the amendment is legally deficient, as injunctions cannot be made by a local authority—they are court orders that can be issued only by the courts. In addition, we do not believe that such a measure is required, as the Bill already contains powers to close unlicensed scrap metal dealers and the yards in which they operate. I intervene to make a general point: we have not sought not to take account of his amendment because of a misplaced sense of malice; we have taken our approach because we judge the amendments to be either unnecessary or deficient, and we would rather the Bill were neither of those things.
Mr Chope
I accept that that is what the Government say. If they do not want an amendment, they always say that the wording is deficient. However, the main reason they do not want to address this amendment is that they say that the Bill already contains powers to close unlicensed premises. If one looks at what those powers are and how long it may take to get them implemented, one realises that they are not going to achieve very much very quickly. One is reminded of situations afflicting many of our constituents: unlicensed campsites; unlicensed Gypsy encampments; and people carrying on businesses without authority. It takes months—indeed, sometimes years—to get effective action taken against those things. Notwithstanding what the Minister has said, I think that the powers in the Bill to deal with those who are unlicensed are paltry.
Mr Winnick
The hon. Gentleman is, as ever, eloquent and putting forward a reasoned case. I always take pleasure in listening to him. Is it his wish to see progress made on the Bill today, despite the criticisms he has made? For all we know, his amendments may not be accepted. He started his remarks by referring to the problems that make the Bill necessary—he said that he has spoken to his constituents and to Church people—so is it his wish to see progress made to ensure that the Bill is not lost?
Mr Chope
Indeed it is. It is my desire to see not only progress, but some amendments accepted. As an indication of that desire, I have tabled an amendment, which we will come to later, proposing that the commencement date should be two months after Royal Assent. What we have heard so far from the Government is that it may be six months or more after Royal Assent before they have anything in place. That would mean that it may not be until this time next year that the provisions of the Bill are in force. The situation is sufficiently serious to warrant much quicker action than that. The regulations that local authorities are going to have to apply could be being drafted as we speak, but that does not seem to be happening. What is happening at the moment is that some of us are saying that the Bill is not perfect—obviously it is not perfect because the Government have introduced about 30 amendments—and an attempt is being made to vilify us by suggesting that we want to promote the cause of people who steal from our war memorials and so on.
The reality is quite the reverse; I am impatient, because even the legislation that we passed earlier this year on requiring names, addresses and identification to be provided and on prohibiting cash transactions at scrap metal dealers does not come into force until 3 December. When it was passed, that was done on the basis that it was going to be transforming. When I was at a scrap metal dealers last Saturday, some people came with an old car and said that they wanted cash for it. The dealer said that he was already operating under the provisions of Operation Tornado, but they said that they understood they could still get cash for scrap until December. That just shows the extent to which loopholes and an unwillingness to implement our legislation quickly can be exploited by the criminal fraternity.
Mr Chope
I am taken by surprise by that point—I do not know whether I did or not, as I have not looked at the official record. If I did, I was obviously wrong to do so, but there is a limit to the number of times I can have discussions with my Whips. I am sorry that I overlooked that opportunity, but I will check the record and speak in the knowledge that the right hon. Gentleman is on my side in trying to get these issues dealt with sooner rather than later—[Interruption.] I do speak for myself, as the Vice-Chamberlain of Her Majesty’s Household, my right hon. Friend the Member for East Yorkshire (Mr Knight), knows very well. Let me take this opportunity to congratulate him on getting back into the Whips Office, which he knows and understands so well and where he is so effective.
Amendment 92 would delete subsection (7) from clause 3 and is probably one of the least significant of my amendments. Nevertheless, I thought that it would sharpen up the Bill by leaving less discretion on the need to consult other local authorities, the Environment Agency or officers of police forces. Obviously, that can be done anyway, so do we need to put that sort of detail into the Bill when we are refusing to put in the sort of detail that I have talked about, such as the suggestion that people should not be able to be licensed scrap metal dealers if they have previous convictions?
Similarly, any reasonable person would interpret my amendments 94, 93 and 95 to clause 4 as being designed to tighten up the Bill, rather than relax it. Under clause 4, the local authority has a power to
“revoke a scrap metal licence if it is satisfied that the licensee does not carry on business at any of the sites identified”.
Likewise, it has a power to
“revoke a licence if it is satisfied that a site manager named in the licence does not act as site manager”
and if it is not
“satisfied that the licensee is a suitable person to carry on business as a scrap metal dealer.”
My amendments would mean that instead of being discretionary, it would be mandatory for the local authority to revoke the licence in those three circumstances. What is the matter with that? Surely it is a useful tightening up of the Bill.
Amendments 88 and 89 deal with the issue of residential sites. At the moment, the Bill excludes any residential premises from its ambit, which means that there is an enormous loophole. The right hon. Member for Delyn (Mr Hanson) is nodding in agreement. For example, someone might have some wire and want to burn the rubber off it so that they can sell the wire on while ensuring that there is no way of finding out where it has come from—I have had such cases in my constituency. If they are doing it in their back garden—for example, if they are, for want of a better expression, Gypsies, or Travellers, or people who probably often operate beneath the radar of the law—and unless we allow amendments 88 and 89, the local authority will not be able to take any action, as those people will say that their premises are residential.
Mr Hanson
The official Opposition raised this point in Committee. I remind the hon. Gentleman that one of the complexities was the Protection of Freedoms Act 2012, for which he will have voted, which stops residential accommodation falling under the auspices of this Bill. I pressed the Minister on that very point in Committee, and he wrote to its members after he had gone away for reflection. He has consulted the police, who have agreed that they can implement what the hon. Gentleman wants within the auspices of the Act, which he will have supported.
Mr Hanson
I am in danger of acting as I used to do as a Minister in responding to the hon. Gentleman, but after I raised those same points in Committee, the Minister assured me that the police can undertake the very action the hon. Gentleman mentions. I, too, was concerned that the residential loophole could have been exploited by unscrupulous dealers. The difficulty is that the Protection of Freedoms Act has reduced the number of circumstances that allow for the examination of residential properties, and he will have voted for that.
Mr Chope
I will not go over my voting record again, but all I can say to the right hon. Gentleman is that in the constituency case I have in mind the police know well what is going on but say that they cannot do anything about it—or they do not have the will to do anything about it. I still do not understand why we have specifically to exclude all residential premises, because as soon as we have such a wide exclusion, it will be impossible for anyone to say that there should be an exemption to that exclusion. I read the exchange in Committee, but I have not had the benefit of seeing the correspondence between the right hon. Gentleman and the Government. I hope that the Minister, when he responds to this short debate, will explain why he thinks that this provision can be left as it is. More importantly, does the Minister accept that allowing residential premises to be exempt and allowing people to burn the coverings off scrap metal in their back yards will facilitate rather than restrict criminal activity?
Amendments 106, 107 and 108 deal with the issue of which local authorities will carry out the enforcing and regulating. It seems to me that the larger authorities—for example, the county councils rather than the district councils—are better equipped to do that. In my constituency, two of the small district councils, East Dorset and Christchurch, are effectively working together because neither has the resources to have a full-time person to deal with particular types of licensing or planning applications. Much of the activity regarding scrap metal and its environmental impact is monitored by county councils and it seems to me that it would be better for them to deal with it rather than district authorities which, by definition, have fewer resources.
Amendment 108 is designed to deal with a loophole that runs through the whole Bill, namely the definition of scrap metal trading. It says, in effect, that such trading means people who trade in the course of business, which is a very precise definition that means that people have to do it for a livelihood. Amendment 108 would remove the provision in clause 19 that a person who goes from door to door would be offending only if they were doing that in the course of their business.
It is interesting that the British Metals Recycling Association, which briefed us on the Bill, is under the misapprehension that the Bill extends the definition of a scrap metal dealer
“to all businesses and individuals that collect, purchase, process or sell discarded metals suitable for reprocessing for reward”.
The Bill as it stands, however, does not do that. It limits the definition to people engaged in business, which is why I commend the amendment to the Minister.
Philip Davies
I am grateful for that explanation, which is the purpose of this stage of the Bill. The Minister talked about spending ages on this issue, but his answer took longer than my question. He has spent more time on this point than I have—I should have thought he would congratulate me on rattling through my amendments with great haste. I cannot say that I am dwelling on my amendments, but if the Minister thinks I should spend more time on them, I am sure I could. However, I will resist that temptation.
Amendments 53 to 57 relate to the site manager named in the licence and, as I have said, were tabled for consistency with earlier amendments. Amendments 58 to 64 relate to clause 8 which states that when a scrap metal dealer has stopped dealing, they must notify the local authority within 28 days. Why is that the case? If someone has stopped trading, I presume that they will not renew their licence, so why must we place that extra burden on them? That seems quite unnecessary. If we are to have a notification period, why must it be 28 days? That seems a short space of time and it might not be that easy. Businesses do not always have neat cut-off points, and if sales were increasingly infrequent, notifying the local authority might not be at the forefront of someone’s mind. That might put them in breach of the clause and mean they fall into disrepute, so to speak. I am not clear why we need this measure, and my amendments change 28 days to either “three months” or “six months”, which would give businesses more time to meet that requirement. I am not persuaded, however, that such a provision needs to exist.
Amendments 62 and 63 relate to the time given to people to deal with issues. Under clause 8, the local authority has a duty to pass information it receives to the Environment Agency within 28 days, which the amendment would change to three months. Amendments 78 to 84 relate to clause 13 of the Bill which confirms that council officials have the powers to execute a magistrates’ warrant. I flag that up because I wonder whether it would be more appropriate for that to be done by the police. I am rather suspicious of giving council officers police powers that are not entirely necessary. When my hon. Friend the Member for Christchurch discussed another proposal, my hon. Friend the Member for Bromley and Chislehurst (Robert Neill) said that reasonableness is a matter of common sense. All hon. Members have at some point in their lives come across the pettifogging council official. I am not saying that such officials are in the majority or even that there is a sizeable number of them, but by the law of averages, there are bound to be some. Giving council officers police powers is a worrying development, and I hope the Government look again at the proposal. My other amendments in that sphere relate to the same issue.
Amendments 140 to 143 to clause 19 relate to the fact that responsibility for the registration of the scheme will lie with district councils. Amendment 140 would mean that county councils or unitary authorities would be responsible. If I remember rightly—I do not have my note to hand—the 1964 Act refers to county councils, but for some reason, strikingly, the Bill changes that to district councils. Given the scale of each district authority, I believe the matter would be better dealt with at county council or unitary authority level. I hope the Minister and my hon. Friend the Member for Croydon South will consider that. It might be a mistake in the drafting of the Bill.
Philip Davies
I agree with my hon. Friend. Perhaps that is a sign that the Minister, too, is concerned about this aspect of the Bill and does not want to reveal his hand at this stage.
Mr Browne
Thank you, Madam Deputy Speaker, for the excellent timing with which you brought our debate on the previous group of amendments to a conclusion and for allowing me to introduce this second group of amendments.
This group relates to the trading in scrap metal. Within this grouping, the Government wish to create one new clause and make seven amendments to the Bill. Unfortunately, like the previous grouping, there are a significant number of other amendments which we fear may dilute the effectiveness of the Bill, although hon. Members are entirely within their rights to table them. It is therefore not our intention to accept those amendments. I do not propose to address each of them separately, though I have sought, and will continue to do so, to clarify points where that may help the House.
On the Government amendments, clause 12 currently requires that scrap metal dealers record all metal that is received in the course of their business, and includes a criminal offence of failure to fulfil the requirement of the clause. Following discussion with the police, they have suggested continuing the requirement in the Scrap Metal Dealers Act 1964 to record both the metal being received in the course of their business and the metal being dispatched. We have considered that suggestion and believe that there are merits to justify its inclusion, allowing law enforcement officers and local authorities to trace metals through the scrap metal sector.
New clause 2 outlines that requirement, defining the meaning of disposed of metal and stipulating information that needs to be recorded by scrap metal dealers, both in respect of mobile collectors and those who hold a site licence. As I have said, although the amendment creates a new requirement in the Bill on the scrap metal dealer, recording metals that are dispatched is not a new burden on the industry—an important point—as that provision already exists in the 1964 Act, which currently applies. It should be noted that the proposed recording requirement for collectors appears slightly less onerous than that for site licence holders.
We considered carefully what information should be recorded to bring value to the records that are kept. Collectors should not process metals; they collect metals and then sell them to scrap metal dealers who operate a site to process them. Therefore, the metal that a collector receives and records must be the metal that they dispatch. It is for that reason that the regulations differ slightly for them and are slightly less onerous. We did not therefore consider it necessary to require collectors to double-record the metal; rather we are simply requiring them to record to whom the metal was sold and when.
I do not believe that the amendment to new clause 2 is necessary. All records that a scrap metal dealer is required to retain as part of this new scrap metal regime should be accurate. Amendment (a) to new clause 2 requires that information relating to disposed of metals be verified, which, aside from the person’s name and address, is an almost impossible task and one that makes the amendment unworkable.
Mr Browne
We feel that we have the appropriate level of verification and the means by which it can be effectively undertaken, so we do not feel it is necessary in this regard.
I shall turn to the other Government amendments. Amendment 18 separates clause 12 into two. The first proposed clause relates to the requirements when recording received metal, and the second deals with the requirements relating to record keeping more generally, including the criminal offence of not fulfilling the requirement. This separation, together with amendments 21 to 25, will ensure that the main thrust of the record-keeping requirements and the criminal offence will apply to both metal received and metal disposed of, with the same principles applying to both.
Since Committee, we have come to the view, following advice received, that we need to define more accurately the information in the descriptions of metals received. The current draft, requiring only that its type and weight be recorded, allows the scrap metal dealer to be as vague as they wish, potentially reducing the value of the records. Amendment 19 seeks to expand the wording, requiring that information on the metal’s type, form, condition and weight be included. Marks identifying the previous owner and other distinguishing features must also be recorded. That should considerably increase the value of the records, allowing for the metal to be identified, as opposed to the vagueness that the current Bill allows.
Amendment 20, on the recording requirement to keep evidence of non-cash payments, is a drafting improvement and does not amend the principle of the provision. Amendment 26 allows for officers of a local authority and police force to require the production of, and to inspect, records of received and disposed of metals. The power in the current Bill relates only to received metals.
Two further new clauses have been tabled—new clauses 4 and 6. New clause 4 relates to sellers of metal and would create a criminal offence covering two issues: first, individuals would be able to sell metal only to licensed scrap metal dealers; and, secondly, no one under 21 would be able to sell metal. The requirement to sell metal only to licensed businesses is a desirable outcome, but in the Government’s view it must be done through education and raising public awareness, as opposed to a criminal sanction. The displaying of a licence and the single national register will assist with that.
Mr Chope
The Minister has made an assertion, but can he give some reasons? Surely, if we legislate to prevent anyone from selling or attempting to sell scrap metal other than to a licensed scrap metal dealer, we will be promoting the cause of licensed scrap metal dealers and undermining the criminal fraternity.
Mr Browne
I understand my hon. Friend’s point, but our feeling is that the level of licensing proposed in the Bill will have his desired effect.
I turn to the point about age. The Scrap Metal Dealers Act 1964 included the requirement not to purchase metal from anyone under the age of 16. This has been removed in the current Bill, and there is no age restriction. In part, that is because placing an age restriction would be discriminatory on the grounds of age and contrary to section 13 of the Equality Act 2010, which deals with direct discrimination. The law allows for direct discrimination on the grounds of age only where it can be demonstrated that less favourable treatment is in pursuit of a legitimate aim and proportionate. Since there is no evidence base suggesting that abuse is concentrated in the under-21 age group, it would be extremely difficult to demonstrate that an outright ban on under-21s selling scrap metal is proportionate. We do not believe, therefore, that such a ban would be lawful.
Finally, new clause 6 would create a new criminal offence, which would apply where a dealer purchased scrap metal without checking that it had not been marked with SmartWater. We cannot support the creation of this offence for a number of reasons. We do not believe it would be appropriate for the Bill to refer to one particular commercial product, rather than the full range of products. Although SmartWater is a known product, it is one of many known forensic property markers on the market. I am not aware of any independent evaluation of its effectiveness; nor have I seen any comparison with other products on the market. In addition, what would happen if we specified one product in legislation and a superior product entered the market, or if SmartWater ceased to exist? The approach taken in new clause 6 does not facilitate our objective to future-proof the legislation further.
A number of scrap metal dealers check for forensic property marker products when purchasing metal. That is a good practice, and certainly something we want to see encouraged. However, mandating it as a requirement, as the new clause seeks to do, would create a significant burden for the industry. It might also create an unachievable burden, given the vast quantities of metal that enter scrapyards on a daily basis, and I know that hon. Members would not wish the regulations imposed by the Government to be unduly burdensome on businesses going about their legitimate day-to-day trade. Therefore, for the various reasons I have outlined, the Government would resist new clause 6.
I do not propose to talk to the other non-Government amendments at this stage, so perhaps I shall bring my remarks to a conclusion and let others make their contributions.
Mr Chope
First, I want to repeat the final point made by my hon. Friend the Member for Shipley (Philip Davies): there is no proper definition. The public will be amazed to learn that at this late stage we still do not have an exhaustive definition of what we mean by “scrap metal” and “scrap metal dealer.” There is therefore an enormous amount of misunderstanding.
It is clear from the letter we have received from the British Metals Recycling Association that its idea of the Bill’s definition of a scrap metal dealer is incorrect:
“We particularly welcome the provisions within the Bill to: extend the definition of a scrap metal dealer to all those businesses and individuals that collect, purchase, process or sell discarded metal suitable for reprocessing for reward”.
It supports them
“in order to close current loopholes relating to the limited scope of current legislation. We also believe, on the question of which metals should be covered by this legislation, that the definition of scrap should be as inclusive as possible”.
I have to tell the BMRA that if that is what it thinks the Bill says, it needs to have another look at the text, because it does not say anything of the sort. That shows the problem with so much of this Bill. The Government will the end, but they do not will the means. They want to sort out the metal theft problem, but there are enormous loopholes in how they propose to set about achieving that.
There is, for instance, a loophole relating to individuals and those who steal metal for gain but who are not part of a business. There is another loophole to do with the material involved and whether it is new or used. Much of the material that is sold as scrap is new, but the Bill specifies that it must be old. That is why I tabled an amendment proposing that we should replace the term “old” with “used”.
Further evidence of the fact that the Government are going through the motions of wanting to put something on the statute book to deal with this issue without having worked out whether it will achieve the objective was provided by what I can only describe as the Minister’s very lame response to the discussion of new clause 4. It states:
“No person shall sell or attempt to sell scrap metal”—
that points to the key issue: people steal scrap metal to sell it and to make a profit so that they have money to spend at the local pub or wherever—
“other than to a scrap metal dealer licensed under the provisions of this Act.”
If we want to boost the status and standing of licensed scrap metal dealers and force those who are not licensed dealers out of the business, what would be more logical than to say that people can only sell scrap metal to a licensed scrap metal dealer? The response we got from the Minister was, “Well, we believe in education and raising the public profile on this matter.” Why will the Government not legislate against the villains who are selling, or attempting to sell, scrap metal to people other than scrap metal dealers licensed under this legislation?
There is a secondary issue to do with the age of people. I proposed that nobody under 21 should sell, or attempt to sell, scrap metal. That is because people might use others who are under 21 as intermediaries knowing that the likely penalties they will suffer in the event of being caught will be small and they will be able to plead ignorance. If we want to tighten up this regime, we should put in place an age limit. After all, we have age limits for the purchase of lawful commodities such as cigarettes and alcohol. We have provisions dealing with the sale of illegal drugs, so why can we not deal with this by saying that anybody who sells or attempts to sell scrap metal to an unlicensed scrap metal dealer is committing an offence? If there were ever something that exposes the big vacuum between the Government’s avowed intent and what is actually going to happen in practice, this is it.
New clause 6 provides another example of where the Government could do something more. It proposes:
“A scrap metal dealer must not purchase scrap metal from a person without first checking that the metal has not been marked with smart water.”
The hon. Member for Hackney South and Shoreditch (Meg Hillier) raised this issue in Committee. She said that she was a trustee of the War Memorials Trust and bemoaned the fact that people steal war memorial plaques to sell them for the value of the metal, little realising their value in terms of sentiment and their part in our history and heritage. She referred to the work the trust was doing with SmartWater Technology Ltd, which I understand has agreed to put its product on every war memorial in the country. If we want a positive message to send out on the eve of Remembrance Sunday, surely it would be: is that not a fantastic example of co-operation between the private sector and the public interest? If we put SmartWater on all the memorials, that should, in principle, deter people from stealing them.
However, that approach will not work unless we have a way of detecting SmartWater on the product after it has been stolen. I discussed the issue with the Archdeacon of Bournemouth, who said that the priory church in my constituency has suffered on several occasions from having lead stolen from its roof, despite having both CCTV and SmartWater. His impression was that indicating that there was SmartWater on the metal was almost an invitation to potential thieves to think it was worth stealing and it did not, therefore, have the necessary deterrent effect. That is because people can take metal to their local scrap dealer and it will not be tested for SmartWater, and once the metal has gone into the system and been processed, the SmartWater mark will have been eliminated.
If the Government were really serious about this, they would be saying, “Why don’t we tighten up this area so that nobody can sell other than to a licensed scrap metal dealer and every licensed dealer must test the product to see whether it has SmartWater on it?” The Minister says that such an approach uses just one particular commercial product. If he prefers to say that dealers must test metal for any forensic property markers, which could include other products and thereby be future-proofed—again, I use what he was saying—so be it, but instead of a constructive alternative suggestion from the Minister, we heard a rubbishing of this one. It is put forward in all seriousness—it has support from my hon. Friend the Member for Shipley and, no doubt, others—as a sensible way of trying to tighten up the system.
It has been suggested that such a provision would be burdensome on licensed scrap metal dealers. I talked to one experienced and successful scrap metal dealer last week, and I do not think he would find it a burden. He would see it as a way of ensuring that the whole trade is cleaned up. He does not want to take a stolen product. One way of ensuring that he does not is to test it for the presence of SmartWater.
I find the Government’s approach negative in the extreme. More than that, it is distressing that they are not prepared to engage in a way that would tighten up the regime significantly for the benefit of the public. One is left wondering whether they are worried about too many people being locked up or charged if we start outlawing the sale of scrap metal other than to licensed dealers or about the fact that there might be quite a lot of metal stolen that would be identified by this SmartWater test. Perhaps it is a case of “not invented here” syndrome, because SmartWater was invented not by the Government but by some rather clever people in this country who understand the science. It could be used effectively to facilitate a tough clampdown on the theft of war memorials, in particular, as well as of other metals. The Government are not seizing every opportunity available to them to take action effectively in this respect.
Let me refer briefly to some of the other amendments, as I know that time is constrained.
Philip Davies
While my hon. Friend is trying to find his place in his notes, I wonder whether he would like to comment on my amendments, which specify property from war memorials and places of worship as part of the definition of scrap metal. Does he think that that would be helpful?
Mr Chope
I think that it would be extremely helpful. It comes back to the point we were making originally about the lack of any clear definition. If a church roof is renewed and the new lead is taken away and sold, that is new product, not old product. It is used product, however, which is why I have tabled the amendment to incorporate the word “used”, which is not in the Bill at the moment. Perhaps the Minister will tell us that he will accept amendment 102, which would clarify that matter for the benefit of all.
Amendment 98, the last of my amendments, concerns the power to amend the means of purchase by regulation. I do not see the need for that and the Minister has not made the case for it. Amendment 87 deals with the need for a test in relation to SmartWater, and amendment 101 deals with the definition and uses the exact words provided by the scrap metal dealers association, the British Metals Recycling Association, which thought they were already incorporated in the Bill. If the Minister responds to nothing else, perhaps he could explain to members of that association why what they told us in their briefing for Third Reading and Report is not in the text of the Bill.
These amendments contain a lot of constructive suggestions to strengthen the regime for controlling scrap metal theft and to ensure that those guilty of it are brought to justice. I regret that the Government are not prepared to be bigger-hearted, particularly on the eve of Remembrance Sunday.
Mr Browne
I can think of literally nothing else that could add to the points that I have made. It would detain the House unnecessarily to give way, because there is nothing further to add on amendment 136.
My hon. Friend the Member for Shipley talked about amendment 138, which lists platinum, iridium and other elements that remind me of being at school. He proposes to take those metals out of the legislation, but the Government want them to be in the legislation, because theft of those materials, for example from catalytic converters, has grown.
Finally, my hon. Friend the Member for Christchurch spoke about SmartWater. The Government do not want to discourage the kind of work by private companies that he described. Quite the contrary: we are enthusiastic about it and believe that it can provide an extra safeguard. However, I think that he will understand that the Government cannot endorse a particular product from a particular manufacturer, nor can we reasonably put a product in the Bill when other products in the field may claim to be as effective or more effective. That includes products that have not yet been invented, but that might become usable within the lifetime of the Bill. That we have not included SmartWater in the Bill does not mean that we do not think that it is one measure that can be used to mark metal and deter thieves. However, the Bill is not an advert for companies that have theft-reduction products, but is meant to be broad and all-encompassing and to stand the test of time. For those reasons, we do not think that it would be appropriate to name a particular commercial product.
Mr Chope
I take the Minister’s point about not naming a particular product, but why could we not have a provision that deals with such products generically and, to future-proof it, that provides for the Government to widen the definition as appropriate? Surely this is an essential safeguard. If we force scrap metal dealers to test whether such products have been used on the material that they have, we will be more likely to find out whether it has been stolen.
Mr Browne
I will return to what I think is a tension in the amendments tabled by my hon. Friends the Members for Christchurch and for Shipley. They seem to be arguing, at the same time, that the proposals are unduly burdensome on scrap metal dealers and that they should be far more burdensome. We are trying to strike a balance that will work in practice between dealing, to a large degree, with the terrible problem of scrap metal theft and not unfairly penalising legitimate scrap metal dealers, who we believe will be perfectly able to keep records and comply with the Bill presented to the House by my hon. Friend the Member for Croydon South. That is the balance that we are seeking to strike, and we believe that he has got that balance broadly right. That is why, with a few minor Government amendments, we support his Bill.
Question put and agreed to.
New clause 2 accordingly read a Second time, and added to the Bill.
New Clause 7
Expiry
‘(1) This Act shall expire one year from the date on which it receives Royal Assent.
(2) Section 146 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Offence of buying scrap metal for cash etc.) and amendments made by that section to previous legislation shall expire on the same date.’.—(Philip Davies.)
Brought up, and read the First time.
Philip Davies
I thank my hon. Friend for listening to my case and responding so positively. As it happens, amendment 116 would bring forward the review from five years to three years, and I have also tabled amendments to explore whether we could bring it forward to two years or one. I am grateful to my hon. Friend for his helpful comments and suggestion, and although the expiry date he offers is not nearly as soon as I would wish, I accept the spirit in which it was offered and the principle behind it.
Mr Chope
My hon. Friend the Member for Shipley (Philip Davies) may have noticed that my hon. Friend the Member for Croydon South (Richard Ottaway) prefaced his helpful suggestion by saying he would seek to persuade the Government to introduce the measure in another place. I hope the Minister will now say that he is persuaded, so that we do not have to speculate.
Philip Davies
My hon. Friend is absolutely right—I, too, noted that form of words. As my hon. Friend the Member for Croydon South is promoting the Bill, I trust that what he says will happen will happen, and urge the Minister to accept his suggestion. I would be happy to pause in my remarks to allow him to leap to his feet, as he has been prone to do throughout my contributions, to confirm whether the Government will accept my hon. Friend’s suggestion.
Mr Chope
I must say that the speech the right hon. Gentleman has just delivered is one of the most disappointing I have heard in the House for a long time. What is emerging today is an example of Parliament at its best. Indeed, it has been exemplary. As a result of the force of argument on the shortcomings of the Bill—recognised by the fact that the Government have moved a number of new clauses and amendments—the amendments that I and my hon. Friend the Member for Shipley tabled have demonstrated that, although people might assert that the Bill is now perfect and the complete answer, there can be nagging doubts.
Mr Chope
I am not sure that I would go along with that, because 11 months ago the Government had a Bill going through Parliament and they wanted to amend it. They made what most think was the most cogent amendment, which will probably transform, as quickly as possible, the whole regime by outlawing cash payments. That is what the scrap metal dealer with whom I was having discussions told me last week. He thinks that what is already being done voluntarily under Operation Tornado, will, when it becomes compulsory at the beginning of next month, make a difference. There is some concern about whether all the additional measures will make a significant difference. There is also the problem, borne out by some scrap metal dealers themselves, that there are a lot of rogue elements, and we are not sure that we have dealt with them adequately through the existing legislation, or even through the Bill.
Surely it is desirable for us to debate these issues in the House. If it is clear that there is a reasonable way forward by saying, “Well, you may be right, I may be right, but let us have a review and a sunset clause after five years and have a chance to rethink the whole thing”, that surely must be a good way to take forward legislation. There has been much criticism about legislation coming through on a piecemeal basis, often too rapidly and insufficiently scrutinised. In times to come, just as people talk about the Rooker-Wise amendment, people will think about the Philip Davies new clause that revolutionised how the House considers legislation. [Interruption.] My hon. Friend the Member for Croydon South (Richard Ottaway) wants some credit too. I am more than willing to give him enormous credit, because he had the vision to introduce the Bill in the first place, and he has used his knowledge and experience to recognise that such a Bill should be taken forward on a consensual basis, working with people rather than against them. Perhaps it will be called the Davies-Ottaway new clause. Either way, it is something we should be pleased about.
Before I close, I want to refer to my amendments 85 and 86, which would ensure that the Bill comes into effect two months after Royal Assent. At the moment, the Bill is so drafted that the measures will take effect only when the Government decide they should. I would have thought that if the Government were serious about getting on with this, they could accept these amendments or undertake to implement the Bill two months after Royal Assent, and put pressure on the people drafting the regulations and negotiating with the local authorities to ensure that this is given the impetus that people in the House and outside want. That would be preferable to waiting until this time next year before a lot of these measures are implemented.
Mr Jeremy Browne
I am delighted that we have managed to work the hon. Member for Christchurch (Mr Chope) into a state of parliamentary euphoria not only about the procedures in this place but about the fact that, in his words, the Government are really making a difference here. I wholeheartedly endorse his endorsement of what the Government are doing. We are seeking to make a difference. I am slightly discomforted by his laissez-faire approach to the legislative process, but we want to be accommodating and collegiate, and I am pleased that that spirit has come across in our approach to the amendments.
I will pass over the more churlish contribution from the right hon. Member for Delyn (Mr Hanson) as being entirely out of character.
I shall speak briefly to new clause 7. It was envisaged that this legislation would expire after one year, but, although I enjoy having regular discussions about this subject, I do not know whether the Government would be entirely happy about having an annual scrap metal traders Bill to discuss in detail. The Government do not take the view, therefore, that the legislation expiring after one year is suitable, but, because this is a wide-ranging Bill, it would be wise to review its progress, should it come into force. We would obviously want that review to be comprehensive, and the proposal for a five-year expiry strikes the right balance. It will give the legislation time to bed in and, we hope, take effect. The legislation would then expire after five years and, if need be, be replaced by even more effective legislation, drawing on the experience that will have been accrued over those five years and after we have had a review. The Government are happy to endorse the generous approach taken by my hon. Friend the Member for Croydon South (Richard Ottaway) in putting forward the proposal for a five-year review. I know that the legislation will proceed on that basis, with the enthusiastic support of Members across the House.
Mr Chope
I am delighted to hear that SmartWater is sold out of Shropshire, but my hon. Friend the Member for The Wrekin (Mark Pritchard), who was not present earlier, will probably be disappointed to learn that it is not mentioned specifically in the Bill because the Government did not accept an amendment that I had tabled to that effect.
It was a pleasure to hear what was said by my hon. Friend the Member for Banbury (Sir Tony Baldry). He and I have worked together in the House for a long time. Today we have a new Archbishop of Canterbury, and we see the prospect of the Churches, and particularly the Church of England, uniting to seek a constructive way forward. Willing the end is one thing, but willing the means is another. Willing the means is one of the tasks that confront the new Archbishop, and it is a task that the Government have had to perform in dealing with the Bill.
There is much in the Bill that will improve matters. Only time will tell whether I am right in feeling that it should have contained additional measures which would have made it more effective, but I do not think that we have heard the last of this issue. However, I shall not refer to the measures that were not included in the Bill, because in a Third Reading debate we can only comment on what it contains now. I think that, as far as it goes, it is great. Let us ensure that the Government bring it into effect very quickly, because there is still scope for the dragging of feet. I see no reason why it should not receive Royal Assent fairly soon, and be implemented within two months of that.