Scrap Metal Dealers Bill

Nick de Bois Excerpts

Friday 9th November 2012 Commons Chamber

(f) property made from or containing metal belonging to or used for the purposes of rail travel.”

[Nick de Bois (Enfield North) (Con)]

I entirely support the Bill and its intention, and hope very much that it will make progress today and subsequently become law. However, while my constituents, like many other commuters, have suffered all the train delays that we have talked about, it is also the case that the treasure of Forty Hall has been ransacked far too often. I hope that the Minister will assure me that the Bill in its current form covers theft from the roofs of such properties.

[Philip Davies]

We all want to ensure that the Bill covers such thefts, but I fear that it does not. If accepted, my amendments 135 and 16 would make it clear beyond any doubt that they were covered. If we are building up people’s hopes, it is in all our interests to make the position clear in the Bill. I am not suggesting the replacement of any definitions; I merely wish to ensure that everything is covered.

Although I think that the word “used” would be more appropriate than the word “old” in clause 18, amendment 135 adds the word “used” rather than deleting the word “old”. I have a feeling that those who drafted the Bill intended the clause to contain the word “used” rather than the word “old”, but the fact is people might well take advantage of the technicality, and that would disappoint me just as much as it would disappoint my hon. Friend.

Clause 18 lists the metals that are not to be treated as scrap metal. Amendment 138 inserts the further metals listed in the original Bill, minus one, namely rhodium. Reducing the number of metals covered by the Bill surely reduces its scope. The 1964 Act contained the same exclusions as the original Bill, so I am not entirely sure what has changed.

Although 135 was tabled by my hon. Friend the Member for Christchurch, I signed it because, although I am sure all his amendments are good, I thought this one was particularly good. Clause 18 enables the Secretary of State to change the definition of scrap metal by order. It seems to me that the definition could change all the time as a result. People could be caught by the definition of a scrap metal dealer one day, no longer caught by it the next day, and caught by it again the day after that, which is not an entirely satisfactory state of affairs. Given that the whole Bill is about scrap metal and scrap metal dealers, a proper definition is surely not too much to ask. We do not want to have to keep revisiting the definition.

If the Government and my hon. Friend are willing to accept my earlier amendments specifying exactly what is meant by scrap metal, we can safely get rid of this part of the Bill, which is what my hon. Friend’s amendment would do. As things stand, there could be some controversy. It seems to me that the Bill in its current form would allow someone to continue to operate a business under the name “Stolen War Memorials R Us” outside Parliament, because it does not make clear what the definition of scrap metal includes. Time is pressing, but let me particularly commend the amendments relating to that definition. We want everyone outside this place to know exactly what the Bill covers, and to ensure that there are no loopholes. I hope that the Minister will respond favourably.

--- Later in debate ---

[Nick de Bois]

I have a simple message from the many friends and supporters of my hon. Friend the Member for Croydon South (Richard Ottaway). Forty Hall, which has been ransacked repeatedly, is a great treasure not just for Greater London and Enfield, but for the country as a whole, and the Bill will make a magnificent difference to its future. My constituents have asked me to convey their thanks to my hon. Friend and to the House if the Bill is given a Third Reading, and I have honoured my pledge to do so.