Firearms Control - Home Affairs Committee Contents


Examination of Witnesses (Questions 1-48)

DAVID PENN, GEOFF DOE AND BILL HARRIMAN

14 SEPTEMBER 2010



Q1   Chair: Mr Penn, Mr Doe and Mr Harriman, thank you very much for giving evidence to the Committee this morning on our first session concerning firearms. The Committee is undertaking this inquiry to look at the legislation governing firearms, to look at recent events that have occurred in Whitehaven and Northumberland and to see whether or not the legislation needs to be tightened in any way. For your convenience and the convenience of the Committee we have a number of the most popular firearms here. Some of us have not seen some of these rifles so you may refer to them. I know you had difficulty in bringing your own today despite having a licence, so thanks to the Member for Carmarthen West; he has enabled us to have these weapons. There is no ammunition in any of these firearms, you will be pleased to know.

Mr Harriman: We have checked.

Q2   Chair: You have? Good. We have had a number of submissions about the use of firearms in the United Kingdom. Can you give us an overview individually please as to what these firearms are used for legitimately? Mr Penn, if we could start with you?

Mr Penn: There are three main legitimate uses.

Chair: Sorry, you will need to speak into the microphone—the acoustics are very bad—and as loudly as possible. Thank you.

Mr Penn: There are three main legitimate uses. There is quarry shooting which is hunting and included in that vermin control, deer control, rabbit control. There is target shooting and then there is collecting. There are a wide range of other uses; for instance veterinary purposes, dart guns which are used to deliver either a lethal dose or medicine to an animal, the slaughter of animals, humane despatch of wounded animals, starting sports events, signalling, life saving, equipment for aircraft or boats, film, theatre and television productions, battle re-enactment, which is very popular, and trophies of war. Self-defence is not considered a legitimate use in Great Britain but it is in Northern Ireland where they have separate legislation.

  

Q3   Chair: Do you have any other categories to add, Mr Doe or Mr Harriman?

Mr Doe: No.

Q4   Chair: Of the guns that we have here, which is the most popular as far as obtaining a licence is concerned?

Mr Harriman: It is the double-barrelled shotgun made in a variety of different gauges. This is the most popular gauge, which is a 12 bore.

Q5   Chair: How many guns have a licence at the moment? How many licences are there for these guns?

Mr Harriman: Shotgun certificates?

  Chair: Yes, certificates, sorry.

Mr Harriman: Those certificates will not necessarily relate to that type of gun. They will relate to a variety of gauges and sizes and the number of certificates that are on issue is, looking at my notes, 574,946 shotgun certificates.

Q6   Chair: Right. That presumably covers all of these, or just that one?

Mr Harriman: Just that particular one.

Q7   Chair: 500,000? Half a million. And the other ones? What is this one?

Mr Harriman: That's a self-loading shotgun, sir. That is much the same as the double-barrelled one but it has a magazine where the ammunition is stored and instead of it having two barrels—which is effectively just two guns put together—it is a single barrel which is fed by a magazine. It's increasingly used these days for wildfowling because they've been built in heavy configurations making them suitable for use with the large cartridges used on the marsh, which is also a pretty hostile environment.

Q8   Chair: How many certificates are there for this one?

Mr Harriman: They will be within the total that I gave you earlier.

Chair: Within the 500,000.

Mr Doe: The total number of shotguns covered by the certificates at the same date, which is March 2009, was 1,366,082.

Q9   Chair: Okay, and the third gun that we have there?

Mr Doe: For the firearms being shown to you now, one needs a firearm certificate as well as a shotgun certificate. For various purposes—target shooting as well as vermin—at the same date in March it was 138,728 certificates relating to firearms.

Q10   Chair: How many firearms? I have the figure of—

Mr Harriman: 435,383.

Q11   Chair: So if we add those two together we have 1.8 million firearms or shotguns in existence and 600,000 certificates covering both, is that right?

Mr Harriman: I think with the firearm and shotgun certificate additions there is bound to be an overlap with people having both. Various estimates suggest it is between 10% to 15%, so you can't do quite the simple addition but there is an overlap.

  Chair: Okay. Thank you very much. Bridget Phillipson.

Q12   Bridget Phillipson: Thank you, Chair. The legislation around firearms is quite complex and varied. Could you just briefly outline to us what is banned outright, what you can legitimately hold with a licence and those firearms that don't require you to have a licence?

Mr Penn: No firearms are banned outright.

  Chair: Sorry, you will need to speak up, Mr Penn.

Mr Penn: My apologies. No firearms are banned outright. A wide range of firearms such as fully automatic weapons, centre-fired self-loading rifles or pump-action rifles, small firearms, which covers pistols and small firearms of that ilk, are covered by a prohibited weapon authority which comes from the Home Office. This is normally only given for people who are commercially buying and selling such weapons, or occasionally for people who have to act as expert witnesses in court and therefore need to handle this sort of firearm on occasion as part of their daily business.

  Conventional repeater rifles, single-shot rifles and shotguns and muzzle-loading pistols are covered by section 1 firearm certificates. This also covers certain sorts of shotguns with larger magazine capacity than three shots. The other class of firearms, which is very widely owned and requires no certificate whatsoever, is the air weapon that is not especially dangerous. These are in considerable quantity in the countryside.

Q13   Chair: How many airguns do we have? This is one of the airguns, is it?

Mr Penn: We believe not especially dangerous air weapons, which have to be certificated, about 7 million.

  Chair: Seven million.

Q14   Bridget Phillipson: Obviously you refer to air weapons as not especially dangerous weapons. I don't know whether you regard every air weapon as not especially dangerous?

Mr Penn: The law specifies that an air rifle which delivers more than 12 foot pounds of muzzle energy is specially dangerous. By comparison the .22 rifle you were shown earlier, depending on the ammunition it uses, has about 90 foot pounds of energy. That's a lot more. The 12 foot pounds will do for rabbit control, pigeon control, that sort of thing. For pistols, the maximum permitted energy is 6 foot pounds and anything that goes above 6 foot pounds in an air pistol immediately becomes a prohibited weapon.

Q15   Bridget Phillipson: There have been a number of cases in my constituency and in Sunderland of people being seriously injured or maimed through the use of air weapons. I'm not clear whether those were held by people that were entitled to hold them or had got into the hands of others, but there can be serious consequences, would you not accept, of air weapons being used inappropriately or very dangerously?

Mr Penn: Obviously any firearm can be misused and we don't in any sense accept that people should be anything other than thoroughly responsible with their firearms, but given the very large numbers of air weapons in the population at large the incidence of injury is relatively small and the figures for air weapon misuse have been dropping steadily since the 1980s. They're going down and down and down, so things are getting better.

  Chair: Thank you.

Q16   David Winnick: On the open question of the availability of firearms, on 2 June this year 12 people were murdered in Cumbria by a taxi driver who had a licence for his firearms. Do you feel, bearing in mind that and other such atrocities carried out by private individuals—sadly and with the loss of life—that there is any case at all for loosening the legislation on firearms?

Mr Penn: Loosening the legislation? The legislation could be made more efficient if rifles were licensed in a similar manner to shotguns. It would create far less work for the police, but the controls would still be there because every firearm or shotgun you acquire has to be declared to the police by both you and the vendor and every one you sell has to be declared. So there is always an audit trail. There is a simpler system that could be adopted.

Q17   David Winnick: So on the legislation that was introduced by the previous Government following a previous atrocity in which school children had their lives taken from them, as well as some teachers in Dunblane, you're not arguing—tell me if I'm wrong in my interpretation—that such laws should be repealed? You want what you have just described as a more efficient way of applying the law, is that correct?

Mr Penn: That is correct, but it is the policy of the British Shooting Sports Council that we wish to see the return of competition pistol shooting.

  Mr Winnick: Thank you.

  Chair: Thank you. Nicola Blackwood.

Q18   Nicola Blackwood: Thank you, Chair. As I understand it, legislation that governs possession of firearms includes the Firearms Act 1968, the Firearms Amendment Act 1997, the Anti-social Behaviour Act 2003, the Criminal Justice Act 2003, the Violent Crime Reduction Act 2006 and the Crime and Security Act 2010. Now we have received written evidence from both the Countryside Alliance and ACPO saying this is quite a jumbled picture and they would like a review and perhaps a consolidation Act. What is your personal view about how comprehensible the legislation is for your average user? Would your battle re-enactor really understand this kind of complex legislative picture?

Mr Doe: I'm afraid you probably left out about 30 other Acts of Parliament.

  Nicola Blackwood: Right. Thank you for clarifying that.

  Chair: Well, we won't hear about all of them.

Mr Doe: I just want to make the point that there are in fact 34 Acts of Parliament that amended the original 1968 Act and some of them are as diverse as the Atomic Energy Act 2004, so that gives you a feel for the problems of interpretation and how the Government perhaps intended the legislation to be. It is very difficult to interpret. It's a long audit trail quite often to arrive at the answer, with all the amendments. We are fortunate that we have a book here that I'm going to show you—the Act with all the amendments. Joe Public doesn't really understand it and many police forces don't understand it when amongst themselves they have to discuss and take a view on interpretation. I know we all have been invited to help police licensing authorities to have a view on the legislation. It would be useful to have one single document that we all understand.

  Mr Harriman: As a practitioner and an expert witness in the courts I often find that my role goes a lot further than the technical matters and I have to help barristers, solicitors and, in very occasional circumstances, the judge to work out what the law is. In Archbold, which is the standard legal text, the section on firearms is extremely thick—and growing—and it is very difficult to comprehend it. You have to go from one Act to another to learn any facts and there is a long trail that goes back to get an answer. Even then people are uncertain. It is very complicated and it reflects the way in which the legislation has developed since 1920, which was the first formative Act that we have that has been bolted on to, added, amended and changed. Then not only do you have the primary legislation but there are a large number of orders, statutory instruments and secondary legislation, which add some of the infrastructure to that. I can send you some. It is very complicated and it's a mess.

Q19   Nicola Blackwood: Do you think that complexity means that there is more likely to be a risk of licences being granted inappropriately?

Mr Harriman: No, I think the complexity means that it is very difficult for people to understand. I don't think it necessarily entrenches the licensing function but a lot of the work that my team does at the British Association of Shooting and Conservation, is advise people who phone us up to ask "What does the law mean, what can we do, what mustn't we do?" We can put out as many fact sheets as we like; we can put articles on the website and in our magazines, but still people are very confused.

Mr Doe: Most of us are motorists and we get along perfectly fine without a detailed knowledge of motoring law. The difference between firearms legislation and motoring legislation is that firearms legislation is strict liability legislation. If you get something wrong your intent is not relevant. You can be guilty of doing something without any evil intent at all.

  Nicola Blackwood: Yes.

Mr Doe: The Home Office guidance—the interpretation for the view of the Act—runs to 200 pages and it is now eight years out of date, and we have six Acts of Parliament amending it. That is how complex the legislation is.

Q20   Chair: So you would like to see it consolidated. In answer to Nicola Blackwood's question, you would like to see all these various Acts of Parliament in one Firearms Act?

Mr Doe: Yes, it's very important that is done before any other review of it is taken.

Q21   Chair: Have you brought to the attention of the Home Office the fact that its guidance is out of date?

Mr Doe: On a routine basis, sir. We are involved with them at the moment, we are rewriting various chapters but it seems to be a very long process.

  Chair: Thank you. Steve McCabe.

Q22   Steve McCabe: I wonder if you could just explain the processes by which an individual is licensed to own and use a firearm or a shotgun.

Mr Penn: To some extent the process for licensing a section 1 firearm will depend on the applicant's good reason, whether it be target shooting or hunting or whatever. In every case, the intention is to ensure that the applicant can be permitted the firearm and ammunition without danger to public safety and the police. That's the bottom line as far as the police are concerned. The application is made on form 101 where all details have to be included of any convictions the applicant has had; convictions cannot be spent for the purposes of a firearms licence. There is also a medical declaration and the police will then follow up these points. They will check criminal records, they will check police intelligence. If they have a concern over any medical aspect they will consult the applicant's GP and provided they are reasonably satisfied then—

Q23   Chair: There is no consultation with the GP unless there is concern?

Mr Penn: That is correct.

Q24   Chair: Do you think that there ought to be in every case?

Mr Penn: That is not our view, no. We think the balance is about right at the moment, whereby if there is concern the GP should be consulted. Having gone through these checks the police will then arrange a visit by a firearms inquiry officer to the applicant and he will then receive advice on the security that is found and the firearms inquiry officer will come to conclusions about the applicant to make sure that he is satisfied that the person is suitable.

Q25   Steve McCabe: Are you aware of any difficulties or ambiguities in terms of the way these kinds of qualifications are applied?

Mr Penn: Generally, no. There are variations from force to force but they still go through a process which is intended to ensure that the applicant is suitable. They may do it in slightly different ways.

Q26   Steve McCabe: I notice that one of the organisations that makes up your group or consortium is Young Shots. What's the average age of a member of—is it Young Shots, or Young Shooters, sorry? What is the average age of a member of Young Shooters?

Mr Penn: I'm afraid that is not one of our member associations.

Q27   Steve McCabe: I'm sorry, I thought it said in your—my apologies. I have it here. I thought it said, "A brief overview of shooting in Britain, the British Shooting Sports Council." So you couldn't comment on it—you don't know anything about it?

Mr Harriman: I can give you a steer, sir. The Young Shots programme is part of BASC's programme to encourage responsible firearms use by young people who have expressed an interest, and we train people who range from between 10 to 18 on average. I can't confirm that but they are the very best average that you would get in any group of young people who are interested in anything, whether it be model aircraft or go-karting, it's very much a spread of age.

Q28   Chair: The minimum age for holding a shotgun licence, one of these guns over here, is 10 years of age?

Mr Harriman: There is no minimum age.

Q29   Chair: There is no minimum age? We were given figures under the Freedom of Information Act that there are 1,000 under-18s that have licences. Are those figures correct?

Mr Harriman: I suspect they are. There are certainly to my knowledge a small number of young people who have been given shotgun certificates, having subjected themselves to the proper process. Also because they're minors their parents are involved, and quite often you find a firearms licensing manager will ask if the school might want to make some comment as well. So whilst the process is the same for an adult it is slightly broader, and the certificate, once it has been granted to a young person, does not allow that youngster to use a shotgun without any supervision until they are 15. I think the reason that people apply for shotgun certificates is because the law is so badly written as to how somebody who doesn't hold a certificate may borrow one legitimately and use it.

Q30   Chair: That is a concern, is it not? Obviously young people of the age of 15 vary in their maturity and if there is no under-age limit as to how old you can be to have one of these guns it does cause concern, not maybe from the person who has the gun but if it is misused. Is that a concern to your organisations?

Mr Harriman: Any form of misuse is always a considerable concern, but it is my experience that young people who have gone through the process of being trained and taught, and perhaps having applied for a shotgun certificate, regard it as a huge privilege to be given that piece of paper by a firearms inquiry officer. I suspect they are probably a lot more responsible in their behaviour with a firearm than perhaps somebody who is a bit older and perhaps a bit more blasé. I think it also goes on through older life—having created that sense of responsibility when they are younger, they will carry that through as they go through life.

Q31   Steve McCabe: I just wondered if I can clarify who is responsible for Young Shots? I don't want anyone to disown them. I understand they're part of the British Association of Shooting and Conservation who are one of your associations, so in effect you are responsible for them.

Mr Doe: Can I come in on that?

  Chair: Yes, of course.

Mr Doe: You touched on shotguns but also obviously there are a lot of young people who are taking up air rifle shooting and cartridge rifle shooting. Now the National Small-bore Rifle Association have a youth proficiency scheme, which has been running since 1990 funded by the Sports Council, that has qualified over 8,000 people—adults—to coach air rifle and pistol shooting. The National Small-bore Rifle Association is the only national governing body of sport, which is recognised by the Duke of Edinburgh's award scheme as an access organisation. The Scout movement also offers shooting in a very large manner and in three weeks' time there will be nearly 800 Scouts at their national championships. They will be over the order of 14, 15, 16 in age.

  

Q32   Chair: But just to go back to the law, there is a minimum age for applying for a firearms certificate, is there not? Of 14?

Mr Doe: There is.

Chair: But no minimum age for a shotgun.

Q33   Mark Reckless: Mr Penn, you mentioned some variation in approaches by police forces and I wondered if you felt that they put a different priority on this area or if perhaps any forces had better processes than others?

Mr Penn: On the administration of firearms licensing, it is our experience—and we work very closely with ACPO on firearms licensing matters—that there is every effort made to introduce good practice or best practice across the board. One of our great concerns at the moment is that if there are substantial cuts in the next Budget, which we fear will be the case—the consistency, quality, efficacy and general speed of licensing will all suffer because they won't necessarily be seen as high priorities in a force who has significantly reduced budgets.

Q34   Mark Reckless: In that respect do you think we can assist the police through a consolidation of the law perhaps in merging some of these categories?

Mr Penn: Yes, a consolidated Act would make life much easier for everybody.

  

Q35   Steve McCabe: Some people may find it strange that we have an age restriction for when we can obtain a provisional driving licence, buy alcohol, cigarettes, get married, and yet you can have a firearms certificate at 14. Do you have any observation on that?

Mr Penn: A lot of people start to learn to shoot when they're big enough to lift the firearm and handle it safely, so it's not at all unusual for people around that age to start shooting. It's pretty traditional in this country and I have to say that it does not appear to be a problem where licensed firearms are concerned, because people, as Bill has explained, do have to go through a lot of checks and they do appreciate the importance of safety. The problem, and it is a reducing problem, is with unlicensed air rifles, but we must emphasise that considering the large numbers out there the misuse of air rifles is getting smaller and smaller, which is a good thing.

Q36   Chair: If there is not a minimum age for shotguns why should there be a minimum age for firearms?

Mr Penn: I think the reasons for that are probably lost in history.

Q37   Chair: But you wouldn't object to it being 14 for shotguns as well as firearms?

Mr Penn: No, we think the present system is fine because the younger persons under 14 certainly are always supervised. People can use an air rifle in an unsupervised manner on land with permission from the age of 14 onwards, but for a proper firearm people are supervised at a young age, so there really is not a problem.

Mr Harriman: If I could comment on that, Mr Chairman. I think part of the problem at the moment with young people making applications for certificates is that the law is uncertain as to who may lend a shotgun to somebody, and it's hedged about with four tests. It has to be the occupier of private premises, and we are not told what that means and it is very difficult to work it out. There is a good definition in the Wildlife and Countryside Act but that doesn't necessarily transfer to the firearms licence. It then has to be the occupier's gun on the occupier's premises in the occupier's presence. I can remember in the days of the Firearms Consultative Committee, that wasn't renewed in 2004, one of the last pieces of business that we looked at was to try and find a workable and simple piece of legislation that said, "If you are a person who is licensed to hold a firearm or a shotgun then you may lend it to anybody else who may then use it under your supervision on land where you have permission to be." That would be so much easier and I think that would remove the necessity for some young people who apply for certificates because they want to stay absolutely within the law and they find it very difficult to satisfy those four tests in what is really quite an archaic bit of legislation.

  

Q38   Bridget Phillipson: Could you just explain the process by which someone might have a firearms licence certificate revoked, either temporarily or permanently?

Mr Harriman: Certainly. The police will have had some form of intelligence that there has been some form of misdemeanour and in these days of improved information technology it will quite often come from the courts into the National Firearms Licensing Management System. Every morning the licensing department will look to see whether there are any hits on their system, and it will say, "Mr Smith convicted of whatever in the magistrates court." They will then look at that and they will probably go and speak to Mr Smith and get some more facts and if they think that what he has done is sufficiently serious to make him potentially a danger to the public safety or the police then his certificate will be revoked. He will have a letter to that effect served upon him and he will be required to give up his certificate and also his firearms. Now that brings him a right of appeal to the Crown Court within 21 days of the notice being served. It's a system that generally works pretty well and over the years we have seen an improved response when people have come to the attention of the police. It might not necessarily be a conviction, it might be local intelligence, perhaps a domestic violence unit reports something, perhaps a concerned neighbour might make a report. The number of revocations are very small and they're generally well less than 1%, and I would suggest that doesn't indicate that there's slackness or anything in the system, it's simply that people are well behaved and that somebody who has a certificate knows that if they come to the adverse attention of the police, the chances are they will lose it and they will lose it pretty quickly.

Q39   David Winnick: Despite that, Mr Harriman, and arising from Dunblane and more recently the tragedy in Cumbria, there is a feeling—obviously this will be part of our inquiry—that the application is not being as rigorously applied as one would like. One suggestion is that the medical authorities, the GP in a particular person's case, should be asked for his or her view on whether a licence should be given.

Mr Harriman: If we go back to the terrible business at Dunblane, everybody knew that there was something extremely strange about Thomas Hamilton and the Central Scotland Police had the opportunity to revoke his certificate and didn't because the then Deputy Chief Constable was worried that he might go to appeal at the Sheriff's Court and win it. In my experience that is most unusual. My experience is if there is any doubt then a certificate will be revoked and the former certificate holder then has the right of appeal.

Q40   David Winnick: What do you say about the taxi driver who murdered in Cumbria? Why on earth was a licence given to him?

Mr Harriman: Without having the police reports from that incident I don't think that it's proper that we should comment on it, because the only information that I've had is what I've read in the newspapers.

Q41   David Winnick: We come back to my original question a moment ago. Do you believe that there is a case for a much more rigorous investigation by the police before a licence is given for firearms?

Mr Harriman: I think the current system is sufficiently rigorous.

Q42   David Winnick: Sufficiently robust despite Cumbria?

Mr Harriman: Yes. But we don't know what the facts on Cumbria are.

Q43   Chair: Sufficiently rigorous but not clear, that's the message to this Committee. There needs to be more clarity as far as the law is concerned, updated guidance which is missing which you're helping to rewrite. Is that right?

Mr Penn: I think certainly the guidance is very important, because it's regarded as the benchmark of interpretation between firearms licensing departments and other organisations and the Home Office and it has proven to be a fairly useful document.

Q44   Chair: Does it worry you when you obviously see incidents like Cumbria and Whitehaven and what happened elsewhere, that there will be a clamour for there to be tougher gun controls?

Mr Penn: Yes, it does worry us because nearly all the legislation has been reactive to some incident that has occurred and in our view this does not make for good legislation, either in this sphere or in any other.

Q45   Chair: Can I ask you a final question about the regulation of the various shooting clubs and ranges which there are. Who regulates these clubs?

Mr Doe: For target shooters?

  Chair: Yes. We will be going as a Committee to have a look at some of these, but who regulates you? Is there a regulator?

Mr Doe: For those people who want a firearm for target shooting purposes it is a requirement that they belong to at least one Home Office-registered club. There are 1,366 registered clubs currently. The club has to conform to a number of conditions.

Chair: If they are many just send them to us.

Mr Doe: Indeed, yes.

Q46   Chair: Who inspects? We accept that there are conditions but who inspects to make sure that you are—

Mr Doe: There are 23 conditions and the club applies to the Home Office for approval. The Home Office pass it on to the local police force to do their inquiries. The club is required to have a proper constitution, be insured and to control and keep note of the firearms and their condition, and the amount of use that the member has. A new person has to do three months' probation and the police have to be advised of any membership applications. If a member leaves again the police have to be advised and if they don't use their firearm police have to be advised.

A newcomer has to go through a probationary period, at least three months. My own club does six months—their choice—and when you do go down to a club initially you do have to have a course of instruction on the proper handling and control of firearms.

Q47   Chair: Do you think it is sufficiently rigorous?

Mr Doe: Yes. Very much so.

Chair: Thank you. Mr Winnick, I think you have a question.

Q48   David Winnick: You said a moment ago to the Chair that legislation has come about because of what tragedies have occurred. Surely the point is, is it not, that the Government of the day should be willing to legislate without waiting for such incidents to occur?

Mr Penn: We agree with you on that point. The problem appears to be the amount of time that it would take to rewrite the very complex legislation that you have seen before you today. One estimate I heard is that it would be about two years' preparation time and one years' parliamentary time to produce a complete new Firearms Act.

Chair: Gentlemen, thank you very much for coming. We will of course be continuing with our inquiry. We will be hearing evidence from some of the families of the victims in Whitehaven and elsewhere, but also we will be coming to visit one of your shooting establishments. I am not sure whether we will participate but we might just watch. It depends what the target is, of course. I thank you for coming in. I thank Mr Bonner, Tim Bonner, for bringing in his firearms at very short notice and I also thank others for attending. That concludes this session.


 
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