Viscount Goschen
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(1 day, 6 hours ago)
Lords ChamberMy Lords, I will just say a word about Amendment 213. I shall come back more fully to a discussion of the principles in the fifth group of amendments, but there is a danger that a range of agricultural and gardening tools will be caught. I have in mind, for example, machetes, bill-hooks and hand scythes—all of which will be found in various parts of my house. I think it is a very good thing that we should make the exemption clear.
My Lords, I agree with the points made and the amendments tabled by the noble Lord, Lord Hogan-Howe, supported by my noble friend Lord Hailsham. We are in the territory of unintended consequences. The Committee needs to take a pragmatic approach. Where there are lacunae and mishaps in complex swathes of legislation, with many successive Acts on knives and similar offensive weapons, we need to take the opportunity to correct those. I certainly support the derogation for agricultural, gardening or conservation purposes, and for weapons of historical importance, collectables and so forth. These seem to be very pragmatic measures, which I support.
I am not knowledgeable on the subject of truncheons. The noble Lord, Lord Hogan-Howe, even with his experience did not use his. I remember the noble Lord, Lord Mackenzie of Framwellgate, at Second Reading saying that he made “liberal use” of it in an arrest with the result of blood “being spattered” onto his uniform. I guess experience varies, but I support the noble Lord’s efforts today.
Lord Stevens of Kirkwhelpington (CB)
My Lords, I also support the amendments put forward by my friend and colleague, my noble friend Lord Hogan-Howe. I will address the noble Lord, Lord Blencathra, for a short period. He was a Minister, as was one other person in this Committee, when I was a senior police officer. I do not remember the noble Lord, Lord Blencathra, once instigating or taking through legislation that did not have an effect. That is a fact.
The other thing I am going to disclose—I was going to keep it secret, but I know I can trust all of you and that you are all positively vetted—is that when the noble Lord, Lord Blencathra, left he was given a helmet, as was the noble Baroness, Lady Hoey. She was also an extremely effective Minister in my time. The noble Lord was offered a truncheon, but he decided that his shepherd’s stick was far more effective than a truncheon, so we did not give it to him. As a matter of record, I used my truncheon once. I was chasing someone down Tottenham Court Road. I hit him three times and it had absolutely no effect. From then on, I never used it. However, on the flying squad, when we were going to violent robberies where we had intelligence that weapons were being used, we used pickaxe handles. They are far more effective.
This is a move in the right direction. I think the noble Lord described it as a practical approach. We need a common-sense approach to things such as straight truncheons and all the other issues that have been raised this afternoon. It has been a great debate as far as I am concerned, but we will make a difference. Following the approach of my dear friend the noble Lord, Lord Blencathra, and his historical delivery in terms of what he delivered with the noble Baroness, Lady Hoey, in the time they were Ministers, we will make a difference.
My Lords, since the noble Lord, Lord Blencathra, mentioned my name, perhaps I should just say that his recollection of what happened in Glasgow is indeed correct. Lord Carmont was dealing with convicted criminals. These were people who had been convicted of crimes, from assaults to severe injury, and were using a perfectly familiar weapon: an open razor, which people commonly used. The example that the noble Lord gave makes exactly the point that the noble and learned Lord, Lord Garnier, made: it was dealt with by sentencing, not by legislation.
In those days, there was no Sentencing Council, and a judge was free, more or less, to choose his own sentence. Lord Carmont chose very severe sentences, which were quite out of the usual range. The shock that caused had a real effect in reducing that particular crime. It was not the end of knife crime, I am afraid, although that was suppressed later by other measures, but it was a very effective use of a sentencing power in the days when judges were not constrained by a Sentencing Council, other rules and so on. They were able to select a really severe sentence when it suited the situation. The noble Lord’s recollection is perfectly correct, but I think it makes the point that it is better to deal with this by sentencing.
My Lords, briefly, I associate myself with all the sentiments that have been shared this afternoon on this matter. I think we all know what we want to try and stop with the Bill: zombie knives. There is no excuse or legitimate use at all for a zombie knife. But it is incredibly difficult to define, and legislation has attempted to do so. The points raised by my noble friend Lord Hailsham are absolutely right: we do not want to criminalise the use of everyday items or the ownership of swords. They may not be for historical purposes, but they may be of sentimental value, family heirlooms or collector’s items and may have any number of associated uses. My noble friend Lord Blencathra has put his finger on an absolute scourge which we, as parliamentarians and in co-operation with the police, really have to deal with using every tool that we have. But I also share the concern that there will be many unintended consequences if my noble friend’s amendments, as currently drafted, were included in the Bill.
My Lords, I will speak about Amendment 214B on knives in schools. It will come as no surprise to the noble Lord, Lord Blencathra, that we on these Benches take a different view. We strongly believe that criminalising children is just not the way forward. Last year, an authoritative joint police and Ofsted report warned that serious youth violence has spread its tentacles further than many adults realise and that 11 year-olds now carry knives for protection, so there is no doubt that there is a major problem. However, the same report does not call for more punitive sanctions to deter young people from offending. Instead, it recommends a preventative, public health approach, focused on early intervention, safeguarding and partnership working. It warned that, without better co-ordination and sustained investment in prevention, efforts to tackle youth violence will fall short and the cycle of harm will continue. These warnings must be heeded.
Yet, budget pressures mean police forces are cutting safer school programmes. The Met, for example, is moving 371 officers out of schools due to funding shortfalls. Prevention has to be taken seriously and resourced properly. Public health funding per capita has fallen by 28% since 2015. That results in reactive rather than preventative policing, and nowhere is this more important than with children and knife crime.
I agree that there is no justification for a child to bring a knife into school, but we cannot support the approach of Amendment 214B. Instead, we should concentrate on the success of interventions such as Operation Divan, which involves a single, voluntary face-to-face meeting between a young person at risk and a police officer or a youth justice worker. This prioritises prevention, education and safeguarding. Early results show a 60% reduction in knife and weapon offences at a cost of only £30 to £65 per person.
I turn briefly to the noble Lord’s remaining amendments and the proposal for a special category of particularly dangerous weapons. As the noble Lord recognises, these weapons are already prohibited. In our view, creating another category risks unnecessary overlap without adding any real benefit.