Memorandum from Mr Vernon Coaker MP, then
Parliamentary Under Secretary of State at the Home Office
REPORTS FROM
THE BUSINESS
AND ENTERPRISE,
DEFENCE, FOREIGN
AFFAIRS AND
INTERNATIONAL DEVELOPMENT
COMMITTEES: SESSION
2007-08
Annual Report on Strategic Export Controls
In their report of 17 July 2008, the Committees
on Arms Export Control recommended that within six weeks of the
publication of the Report the Home Office supply a memorandum
responding to the matters raised on the import of arms in their
Report last year. (Paragraph 78)
A letter on this matter was sent to John Barrett
MP on 2 April 2007 when he was a member of the Committee
and I should explain that officials were under the impression
that a copy of this letter had been subsequently relayed to the
Committee in a response to a request for further information.
I regret to say that we failed to pick up on the fact that this
appears not to have happened and would wish to apologise for this
misunderstanding.
As the Committee will be aware, firearms import,
monitoring and export is within the competence of a number of
Government Departments. Anyone wishing to bring prohibited firearms
into Great Britain must have an import licence in accordance with
the policy laid down by the Department of Business, Enterprise
and Regulatory Reform but they must also hold the Secretary of
State's authority under section 5 of the Firearms Act 1968 in
order to possess those firearms once they are in this country.
Prohibited weapons are subject to a more stringent
control than any other firearm and authority to possess or deal
in such weapons is granted only if very good reason is shown.
Extensive checks are made before a section 5 authority is
issued by the Home Office to ensure there will be no risk to public
safety. The police make enquiries into the background and bona
fides of applicants and ensure that tight security is in place,
and the Home Office insists on seeing evidence of a legitimate
commercial need to possess the firearms. Where granted, section
5 authorities are tightly drawn, specifying where and how
the firearms must be stored and transported. The police and Customs
conduct checks on holders to verify that imported weapons are
entered onto the register of transactions which all firearms dealers
are required by law to maintain and to ensure they comply with
the terms and conditions of their authority.
A firearm is deactivated when it has been rendered
incapable of firing "any shot, bullet or other missile".
It is then considered no longer to be a firearm and therefore
no longer subject to control. A firearm is presumed to be deactivated
if it has been stamped and certified by one of the two Proof Houses
as conforming to deactivation standards set by the Home Office.
This is an evidential provision only (under section 8 of
the Firearms (Amendment) Act 1988) and does not preclude other
forms of deactivation provided the outcome is no longer a firearm.
However, a Proof House certificate has become the widely accepted
system for showing that a firearm has been properly deactivated
and that it can be possessed and traded lawfully. In practice,
a dealer is required to continue to record anything which is not
deactivated to these standards as a real firearm.
Home Office standards for deactivation were
originally compiled in 1989 in consultation with the Forensic
Science Service and the gun trade. Following some instances of
automatic and self-loading guns being reactivated the standards
were revised in 1995 to the current, more stringent requirements.
It is generally accepted that these new standards have proved
to be very effective in preventing re-activation.
I know the Government has already responded
to the second part of your recommendation, concerning the import
of 200,000 assault rifles, but I wanted to add that the Home
Office keeps a close eye on the importation of large volumes of
prohibited weapons and will consider very carefully any evidence
coming to light which might justify revocation of a particular
section 5 authority. We are not aware of any transactions
in recent years where the dealers concerned have not held the
necessary import licences and section 5 authorities. The
police have indicated that they are satisfied that the firearms
are being stored securely.
27 August 2008
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