Firearms Control

Diana Johnson Excerpts

Monday 20th December 2010 Commons Chamber

[Diana Johnson (Kingston upon Hull North) (Lab)]

I begin by echoing the Minister’s comments about the victims and their families who were caught up in the dreadful events over the summer in Cumbria and Northumbria, and by paying tribute to the wider communities in those areas who went through very distressing and upsetting times. I also commend the work of the emergency services, not only when the events took place, but in the following weeks and months. In particular, I pay tribute to David Rathband, who was so tragically injured by Moat in the Northumbria shootings.

[Tony Cunningham]

My hon. Friend rightly pays tribute to the emergency services, but will she also pay tribute to the Churches in my area? The people at that time needed a lot of spiritual support. It was offered by the Churches, and I thought they did a fantastic job.

[Diana Johnson]

I am very happy to pay tribute to the Churches, and I also know that my hon. Friend spent a great deal of time working with the communities and making sure that the families and victims had everything they needed.

This debate is timely. The Select Committee on Home Affairs report on firearms control was published at one minute past midnight. It examines in detail whether, in the light of the dreadful events in Cumbria and Northumbria earlier in the year, we need to change our firearms legislation. We must remember, of course, that not all the reports on the events in Cumbria and Northumbria are available. Although we have had less than 12 hours to consider the Committee’s findings and recommendations, it will be useful for us now to start to set out some initial thoughts about the report and to raise some of the issues that will certainly impact on this policy area in the weeks and months to come.

Having read the report this morning, I commend it as excellent. The Committee undertook extensive deliberations and produced some thoughtful recommendations. I appreciate that the Government will wish to consider them carefully before responding fully in due course. I also note the strong feeling on both sides of the firearms control debate, and I thank those groups and organisations who have provided helpful and thorough briefing material. We should also note that changes to firearms control legislation are often a result of tragic events such as Hungerford and Dunblane. This is clearly a very sensitive issue.

I read with great care the report of the debate on the Cumbrian shootings that was held in the House at the instigation of my hon. Friend the Member for Copeland (Mr Reed). He has been unanimously praised for the leadership he showed in his community both at the time and since. I pay tribute to him as well, and to other hon. Members from that area whom I know also worked tirelessly at that time. I took particular note of my hon. Friend’s comments about reviewing firearms control in the wake of the tragedy in his constituency. He felt that we should not have a knee-jerk reaction, and that it was important to collect all the facts and consider all the evidence before reaching conclusions. That is the right approach. There is agreement across the political spectrum that there must be mature consideration of the key issues in respect of firearms control. My hon. Friend also made telling remarks about the media, and their portrayal of what had happened in his community. The Select Committee also commented on that.

Unfortunately, my hon. Friend has had to leave the debate early tonight, and he has made clear his concerns about its being scheduled just a few days before the House rises for Christmas. It should also be noted that he is on paternity leave at the moment, but he felt so strongly about this issue that he made a special effort to come to the House. I know he will look to the Government to respond to the Select Committee’s recommendations by way of an oral statement in the House—rather than a written statement—so that there can be further debate on these issues.

Let me say a little about the historical context to our debate. Since the 1920s, we have used legislation to control firearms. That is now set out in 34 pieces of legislation. The main one is the Firearms Act 1968, which, as the Minister said, has been amended many times. It is widely agreed that we now have some of the strictest gun controls in the world.

Shotguns are used for pest control, game shooting and target shooting. There are 1,366,082 shotguns in England and Wales, held on 574,946 certificates. Applications are made under section 2 of the 1968 Act. There are also 138,728 firearms certificates, which cover 435,383 guns in England and Wales, including barrels and sound moderators. The majority are sporting rifles that are used for pest control, deer stalking and target shooting. The application process for firearms, under section 1 of the Act, is different.

We must recognise the important role of shooting as a legitimate recreational activity in this country. In 2005, the Labour party set out its charter for shooting, which recognised that there was no connection between legitimate sporting shooting and gun crime. We also know that the sport of shooting is a £1.6 billion industry, in which 70,000 people are employed in full-time jobs. I note from the Select Committee report that it, too, recognises that thousands of people use firearms in recreation and in their employment, and that it in no way wishes to restrict such activity. However, it is always helpful to test the effectiveness of firearms control and review current thinking on it.

After the shootings by Derrick Bird on 2 June, when he killed 12 people and injured a further 11, the Association of Chief Police Officers was asked to produce a report, as Derrick Bird was in lawful possession of firearms. The report’s remit was to look both at that specific case and any wider issues. It was produced by the ACPO lead on firearms licensing and chair of the ACPO firearms and explosives licensing working group, Assistant Chief Constable Adrian Whiting, and was published on 2 November.

The report made three key recommendations. First, it recommended the establishment of formal links between GPs, mental health services and police forces to enable medical professionals to alert the police if they have concerns regarding certificate holders. Secondly, it said the cost of any GP report should be borne by the applicant. Thirdly, it recommended that formal approaches should be made to members of an applicant’s family at the grant and renewal of the certificate. It is clearly very helpful to have this report as a further source of information for the Select Committee and the Government to reflect upon.

Let me now address a few of the specific recommendations in the Select Committee report. First, on the role of GPs and their involvement with firearms control, the Committee welcomed the recent agreement between ACPO and the British Medical Association that the police will alert GPs to every new and renewal licence application. That is an important step in ensuring that the licensing authority receives accurate medical information about applicants. It carries on some of the work started under the previous Labour Government, and we support the change.

It is interesting to note that an applicant may also approach their GP as a person of good character to act as a referee or counter-signatory for a certificate application. If a GP becomes worried about his patient, the BMA has issued guidance that doctors should

“be prepared to breach confidence and inform the appropriate authorities if necessary.”

That is very important in respect of those who have held licences for some time.

[Simon Hart (Carmarthen West and South Pembrokeshire) (Con)]

Does the hon. Lady not agree that what she has just said might put off a legitimate holder of a certificate who feels that their health might be, for whatever reason, deteriorating from going to their GP at all, because they might believe that their certificate would be in jeopardy? That would constitute a substantial danger not only to the public, but to that person’s health.

[Diana Johnson]

Those points were aired at the Select Committee. I know the BMA has taken a certain view, and it has decided on giving this particular advice to their GPs. However, I will have a little more to say about GPs and the people who go to see them more regularly.

The view was also presented to the Select Committee that the medical records of firearm certificate holders should be tagged. That would enable a GP who becomes concerned about a person’s health to notify the authorities. The Select Committee rejected that approach. The Information Commissioner’s Office raised concerns about the effect of tagged medical records, the British Association for Shooting and Conservation believes that this would create a further burden on GPs, and GPs were concerned about the issue of liability.

[Mr Matthew Offord (Hendon) (Con)]

Does the hon. Lady agree with the following comments by Dr John Canning, who is a general practitioner in Middlesbrough and the chairman of the British Medical Association’s professional fees committee? He said:

“As a GP, I can give no judgment to someone’s fitness to hold a weapon, particularly forecasting the future. What I can do is provide factual evidence about the past. It is impossible, and I have spoken to other colleagues in specialities such as psychiatry who say equally that it is impossible to predict the future.”

[Diana Johnson]

Clearly, the decision about whether a certificate should be issued rests finally with the police. The information that GPs can provide should be factual and based on what they know.

Some 93% of shooters are male, the majority being over the age of 40. That group does not go to their GP as often as they perhaps should, so the opportunity to identify problems may be limited; it has been made clear that Derrick Bird had little contact with his GP. In addition, the Independent Police Complaints Commission has identified only six individuals a year where involvement with a medical practitioner might have had an effect in notifying the authorities that there was a problem. So this issue has to be kept under review in the weeks and months to come.

The law relating to young people and firearms control is complicated and, at times, confusing. Members of the public who read the report will raise an eyebrow when they see that 26 10-year-olds currently hold shotgun licences. The report by ACPO did not examine the age at which a certificate can be issued to a young person, as that was not relevant to the events in Cumbria; nor did this give ACPO any particular concern when considering the wider issues. However, the report referred to inconsistencies that could be addressed on some issues—for example, the definition of an “occupier” in relation to the supervision of a young person. The Committee commented on the need for a review of the minimum age limits on the use of firearms and the eligibility for firearms certificates, with the aim of reducing the inconsistency and complexity associated with the use of firearms by children.

[Mr Ellwood]

The hon. Lady raises an interesting point about the age at which people should be exposed or given access to weapons. I have had the opportunity to work with some youngsters who, in a different world, would not get to see these weapons. They would see them on telly and in video games, and they would consider them as trophies—the bits of kit that youngsters need to have. By allowing such youngsters to use these weapons in a safe environment and exposing them to how they work, they gain respect for these weapons and their air of mystery is removed. Does she agree that more such education is required, so that the youth of today are allowed to understand the importance and danger of these weapons and the respect that they must give them?

[Diana Johnson]

I hope that the Government will consider that very point when they consider the Committee’s recommendations. We need to wait to see how they will respond to the issue. Interestingly, the Minister for Policing and Criminal Justice talked about the need for a proportionate response and recognised that young people are involved in many positive activities involving shooting, for example, through the Scout Association, which holds an annual rifle competition. In addition, the use of target shooting activities is increasing in the schools sector, Sport England provides funding for shooting and the activity is also recognised by the Duke of Edinburgh’s scheme.

Let me now deal with the recommendation relating to criminal activity. Concerns have been raised that people with criminal convictions have been able to obtain certificates. It appears that people with suspended sentences are not prevented from obtaining a certificate, and the Committee agreed that that needs to be examined. The Committee also recommended that those who receive shorter custodial sentences should not be allowed to possess firearms, and we agree that that should be considered seriously by the Government. The Committee also noted that police licensing officers are now encouraged to take into account intelligence about criminal behaviour that has not resulted in convictions, as well as convictions resulting in non-custodial sentences, when considering whether to grant a licence. The Committee felt that it must be made explicit in police guidance that officers are expected to take such behaviour extremely seriously, particularly in cases of bind-overs, arrests and police call-outs for domestic violence, and that accumulation of convictions should also be carefully examined.

That leads me to the recommendation about the further consultation that should be undertaken when an application is made for a shotgun or firearm licence. The Committee suggested a requirement to consult the domestic partners of applicants on whether to grant a licence in order to try to identify whether there are domestic issues of which a firearms licensing officer should be aware. I noted when I read the report that the Committee was particularly concerned about the use of firearms in domestic violence incidents. Evidence was given to the Committee about a system introduced in Canada, whereby the current spouse or recent ex-spouse is required to sign the application form of any individual applying for a firearms licence. Any failure to do so prompts an additional level of investigation by the registering authorities. Since the system was introduced the gun murder rate of women has reduced by 40%. The ACPO lead has also said that adults in a domestic relationship should be inquired of when an application is made for a firearm or shotgun. The Opposition believe that this recommendation merits serious consideration by the Government, and I was particularly pleased that the Minister talked about examining the matter and making careful adjustments, where appropriate.

The Committee recommended that fees should be raised to cover the costs of licensing to ensure that funding cuts do not jeopardise the rigour of the licensing process. We know that police forces are facing 20% cuts to their budgets over the coming years. Clearly this type of work is one of those areas that the report by Her Majesty’s Revenue and Customs was referring to when it said that although only 11% of police officers were available to the public, 89% were performing important work on behalf of the public, and I am sure that the Minister will agree that dealing with firearms licensing falls into that category.

[Tony Cunningham]

My hon. Friend will be very much aware that Cumbria police authority will be announcing strict and deep cuts. I hope that she agrees that one of the cuts that we do not want is in the number of officers dealing with firearms licensing.

[Diana Johnson]

My hon. Friend makes a very important point. Shooting organisations have already expressed concern about the impact of spending cuts on the rigour of the licensing process and they worry that they are going to see an erosion of the number—at least—of firearms inquiry officers and firearms licensing managers. The organisations gave evidence to the Committee suggesting that the consistency, quality, efficacy and general speed of licensing may well suffer. Those concerns were shared by Mr Whiting, who told the Committee that he had already had to recommend to chief officers that things such as home visits, which are part of our national policy on both grant and renewal, are conducted in person. A number of forces conduct these cases by telephone and, and sometimes, by post. He is concerned that such arrangements will be placed under increasing pressure in the forthcoming climate in which policing will operate. He does not foresee a wholesale collapse, but he did say that there is a risk of erosion in respect of some of the practices that are currently recommended. Such important work will need to be protected and the Committee has highlighted one way of doing it: by increasing fees.

Discussion was also had about the need to iron out the bulge in renewals, which has come about through the implementation of previous legislation. The suggestion is to extend the life of a proportion of certificates over the course of a number of renewal cycles. We understand that police representatives have made proposals on how such a system might operate, with estimated savings of £2 million, which have not, thus far, been taken up. The Opposition feel that the Government should consider urgently an opportunity to make such savings.

The report also addressed air weapons offences. The Committee recognised that airguns do not require licences yet cause a great many problems for communities. There is legislation governing their use which the Committee feels could be better enforced, and the Opposition would also support better enforcement.

As for the recommendation on legislation on firearms control, it is accepted that there is a great deal of such legislation. The Committee calls for a simplified, clear and consistent approach. One suggestion would be to have one type of certification for all firearms. The Committee recommends pursuing stronger provisions for section 1 applications, but that will obviously be a matter for the Government to consider.

Interestingly, the Committee also cites the experience in the US of the application process for handguns in Washington DC, and that seems to be far more comprehensive in its approach, requiring fingerprints and compulsory training. It is interesting that the Prime Minister says that he will give careful consideration to the possible consolidation of legislation. The Committee’s recommendations included regulations for miniature rifle ranges and the report identified problems with deactivated and replica guns, too. The Committee rejected the idea of a reduction from five-year certificates to two.

In conclusion, the report is well-researched and takes a sensible approach. It contains a sensible analysis of what is working well and of what possible changes need to be considered. I look forward to the Government’s response and, linked to this, their publication of their crime prevention strategy. I reiterate that I hope we will be able to keep to the timetable of two months for the Government’s full response and that an oral statement on this important issue will be made in the House so that there will be an opportunity for all hon. Members to question the Government on their approach to the report’s recommendations.