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Chamber

Meeting of the Parliament 23 April 2015

23 Apr 2015 · S4 · Meeting of the Parliament
Item of business
Air Weapons and Licensing (Scotland) Bill: Stage 1

I apologise for being a minute late at the start of proceedings. I have no good reason at all for that; my legs just did not get me here quickly enough.

I have some sympathy with the cabinet secretary in respect of his responsibilities for licensing. I had responsibility for a licensing bill back in 2005, and I recall that the best advice that I received on how to understand the extent of the problem of overprovision as part of the issues that the Government was dealing with was very simple. It came from the most senior civil servant in the department and it was to spend as much time as I could in the bars of Glasgow and Edinburgh at 1 o’clock on a Saturday night. That was not exactly the advice that I expected to get from a senior civil servant, but I nevertheless considered it very carefully.

I also spent a lot of time with a Strathclyde Police division looking at what happened at 3 am on a Sunday morning and how it dealt with that. I still recall in some detail the night that I was out with that division. The incidents were few and far between. When we went back to the police headquarters for the briefing after the evening to look at how the division had handled various incidents, to review what had happened and to discuss where it knew there were and were not flashpoints, it was interesting to reflect on the number of incidents that had taken place. In some ways, nothing changes in Scotland. We are still dealing with such things.

I heard the cabinet secretary’s opening remarks about making an overprovision assessment across an entire board area. In passing, it strikes me that that will create significant issues. I am sure that the committee will reflect on that at stage 2. I recall some of the debate from some years back, and the trade certainly will reflect on that.

I have sympathy with the argument that Alex Rowley made on the bill being, in effect, a consolidated one. I seem to recall Westminster always being criticised for producing consolidated bills for Scotland. We seem to do quite a lot of that in Edinburgh nowadays.

There is some merit in the argument that a number of members across the chamber have put forward that something as clear-cut as air weapons deserves a piece of legislation in its own right. The licensing aspects that the cabinet secretary has introduced clearly have a common theme and there is a common area of responsibility. There could have been tidier legislation by dealing with matters in that way, not least for the reasons that Mr Rowley gave. There are arguments about the lengths of some of the regimes that have been in place and how they should be assessed.

I want to make some remarks on the air weapons licensing proposals, particularly from a rural perspective. I do not think that anyone disputes that there are problems with the ownership and inappropriate use of airguns. I believe—and the evidence supports this—that there are a greater number of such incidents in urban Scotland than there are in rural and island areas. However, in justifying the bill’s proposals, the current Cabinet Secretary for Justice and, indeed, the previous Cabinet Secretary for Justice have quite rightly mentioned well-publicised incidents in which young children have been hurt by the completely wrong use of an airgun. Those cases are appalling and have rightly been condemned, but they have also been prosecuted through the laws of Scotland that we already have. That point has to be borne in mind.

The question, therefore, is whether the proposed introduction of blanket restrictions will have a significant impact on individuals and practices that currently present absolutely no risk to public safety. That fact should be taken into account in any careful consideration of this matter. Moreover, as I understand it, these measures will not be much of a deterrent—if any deterrent at all—to those who are intent on acting irresponsibly. The cabinet secretary might say that the same argument could apply to many things, and he would be right; however, I think that when we bandy about terms such as “proportionality”—as we always do in these kinds of debates—there is a requirement on us all to make a judgment on these matters instead of jumping to the highest or lowest common denominator, depending on how you view a particular argument.

There is a greater risk for Government with regard to the licensing regime. I understand from experts that low-powered airguns would be subject to a higher level of restriction than double-barrelled 12-bore shotguns and even smooth-bore cannon. I am not arguing that there will be a sudden upsurge in the use of smooth-bore cannon but, as the evidence to the committee during its consideration of the bill and indeed to members in recent days suggests, it could be argued that, as a result of the bill, individuals might be allowed to trade up to more powerful weapons. That would be a perverse and bad outcome that neither I nor the Government would want.

I appreciate that the Government is under pressure to act. Ministers are always under pressure to do something in response to an incident, particularly the kind of tragic incident that has happened in the past, but Government is also about making a hard assessment of alternatives. I therefore urge the cabinet secretary to consider two things. First—and I am not sure whether the cabinet secretary mentioned this, but it was certainly mentioned by other members—it is thought that there are 500,000 airguns in Scotland, and an amnesty would take an awful lot of them out of circulation. Indeed, Clare Adamson, who is no longer in the chamber, told us that there is still a gun in the loft of her family home. I am sure that there are many such cases across Scotland, and an amnesty would, as in other circumstances, be a positive way of reducing the sheer number of guns in Scotland.

Secondly, I strongly advocate educating young people about firearms. The PlayStation and online games that my boys play invariably involve guns, and our national news is dominated at the moment not just by politics but by reports of people drowning in the Mediterranean while trying to escape from Libya, where there is no rule of law, only the rule of the gun. There is no doubt that young people are influenced by what they see on television, by the reporting of such events and by what they read online, and I believe that parents and schools absolutely have a responsibility to talk about guns and the reality of what they can mean.

The Government is rightly concerned about public safety, but the crime statistics suggest that the number of incidents involving air weapons is small and falling. Indeed, the evidence to the committee was very clear about that. I could contrast that situation, as others have, with knife crime, which is running at significantly higher levels. No one is suggesting that we should license the possession of kitchen knives—that would plainly be ludicrous—but the fact is that it is easier to buy any kind of blade. As a crofter in Shetland put it to me the other day, more murders happen as a result of knife crime than will ever happen as a result of airguns, and I ask the Government to bear that proportionality argument in mind in introducing this licensing legislation.

15:53  

In the same item of business

The Deputy Presiding Officer (Elaine Smith) Lab
Good afternoon. The first item of business this afternoon is a debate on motion S4M-12994, in the name of Michael Matheson, on the Air Weapons and Licensing ...
The Cabinet Secretary for Justice (Michael Matheson) SNP
I am happy to open this stage 1 debate on the Air Weapons and Licensing (Scotland) Bill. I thank my colleague and predecessor Kenny MacAskill, who brought f...
Kevin Stewart (Aberdeen Central) (SNP) SNP
It is my pleasure to speak on behalf of the Local Government and Regeneration Committee. The Air Weapons and Licensing (Scotland) Bill is an important and ne...
Alex Fergusson (Galloway and West Dumfries) (Con) Con
I understand that, when the committee undertook its scrutiny, Police Scotland was able to give statistics on airgun crime from April to July 2014, but that t...
Kevin Stewart SNP
We had information and data from a number of years about air weapons offences. We are all far too aware of the deaths and injuries that have taken place and ...
Alex Rowley (Cowdenbeath) (Lab) Lab
Labour supports the principles that are set out in the policy memorandum to the bill. We will support the bill at stage 1 today, and we are keen to work with...
Cameron Buchanan (Lothian) (Con) Con
The Air Weapons and Licensing (Scotland) Bill covers a wide range of matters. As such, consideration of a broad range of principles is required, and I will t...
Kevin Stewart SNP
Does Mr Buchanan recognise that we are talking not about the licensing of individual weapons but about the licensing of individuals, and that, in the course ...
Cameron Buchanan Con
Is there any evidence that licensing will reduce those instances? I am not sure about that. Some people will want to intervene but, at any rate, criminal mis...
Kevin Stewart SNP
The member has again fallen into the same trap about the licensing of individual weapons. We are not talking about the licensing of each individual weapon; w...
Cameron Buchanan Con
Yes, I know that—thank you very much. Making everyone who wants to own or use an airgun apply for a licence is certainly not targeted. Why should innocent u...
Clare Adamson (Central Scotland) (SNP) SNP
As the committee convener mentioned, I came somewhat late to the bill, having joined the committee in November last year. However, I pay tribute to the many ...
Cameron Buchanan Con
Unfortunately, due to my relatively limited parliamentary experience, I did not realise the full implications of my acquiescence at stage 1, which was why I ...
Clare Adamson SNP
Thank you for that explanation, Mr Buchanan. Alex Rowley talked about the bill’s complexity and said that bringing together so many items was a mistake. His...
Alex Fergusson Con
I totally agree that the type of crime to which Clare Adamson referred is utterly unacceptable in any society, but can she tell me what evidence she heard at...
Clare Adamson SNP
I was at the committee when the police gave evidence and spoke of their frustration at their inability to address airguns in premises where they suspected th...
The Deputy Presiding Officer Lab
Just a little bit.
Clare Adamson SNP
I shall just mention the taxi app situation. There was a lot of talk about the changes in technology and, as a technologist, I was interested in that. Only l...
Cara Hilton (Dunfermline) (Lab) Lab
I add my thanks to everyone who has contributed to getting the bill to this stage and who has provided us with excellent evidence and briefings. Like Clare A...
Kevin Stewart SNP
Will the member give way?
Cara Hilton Lab
I have no time, sorry. The issue is absolutely vital, because the campaign’s research has found that 75 per cent of girls and young women aged 11 to 21 and ...
The Deputy Presiding Officer Lab
I have indicated that there is a little bit of time in hand for interventions. It is, of course, up to members whether they want to take interventions. Howev...
Gil Paterson (Clydebank and Milngavie) (SNP) SNP
I share all the views that Cara Hilton has expressed with regard to broadcasting explicit scenes or posting them on the internet. Unfortunately, the Parliame...
Elaine Murray (Dumfriesshire) (Lab) Lab
I am not a member of any of the committees that have considered the bill and will focus my contribution on three areas. The first is air weapons. I have no...
Colin Keir (Edinburgh Western) (SNP) SNP
I am not a member of the Local Government and Regeneration Committee but I thank it for producing the report, which is welcome. I will restrict my comments ...
Tavish Scott (Shetland Islands) (LD) LD
I apologise for being a minute late at the start of proceedings. I have no good reason at all for that; my legs just did not get me here quickly enough. I h...
Sandra White (Glasgow Kelvin) (SNP) SNP
I thank the Local Government and Regeneration Committee for its scrutiny of the bill and the attention that it has paid to all the submissions, including min...
Jayne Baxter (Mid Scotland and Fife) (Lab) Lab
The bill is wide ranging and far reaching, and it is important that it is subject to scrupulous scrutiny in the Parliament. The scale of the bill’s ambition,...
Willie Coffey (Kilmarnock and Irvine Valley) (SNP) SNP
I add to those of our Local Government and Regeneration Committee convener, and other members who have spoken so far, my thanks to the many people and organi...
Rhoda Grant (Highlands and Islands) (Lab) Lab
I will speak specifically about section 68 of the bill, which will introduce a licensing regime for sexual entertainment venues such as lap-dancing clubs. I ...